نشریه تمدن حقوقی
پیاپی 6 (بهار و تابستان 1399)

Criminal laws are laws that are open to abuse and have become contrary to the intent of the legislature. Even today, the law of registration of documents and property, which plays an important role in establishing the rights of individuals, has provided many loopholes for criminals to commit crimes. As we know, official documents are one of the best reasons to prove a case in a court of law. However, the adoption of inaccurate policies and procedures, the failure to use scientific mechanisms to update the registration services and the exclusion of registration principles and regulations have provided favorable opportunities for offenders to commit crimes. study has been compiled with the aim of identifying the legal factors and contexts of Arnkab registration crimes based on descriptive-analytical method and using library tools, and it is assumed that the close relationship between this law and other laws The transfer of property to firms without technical competence has created numerous grounds for committing a crime. hypotheses by stating and describing the current situation, the issue from various angles and by explaining specialized keywords, such as; Criminalization and the factors influencing their occurrence will be examined, and the need for such research will be based on the prevention of "abuse of rights" and the resulting damage, because the need to review the law is inevitable. Should be on the agenda.

The amendment to the law concerning citizenship of children of Iranian women married to foreign nationals enacted by Majlis Shura-e-Islami (Islamic Parliament of Iran) in September 24, 2019. With the enactment of this law, the question arises whether latter law can completely solve the problem of citizenship of children born to Iranian women married to foreign nationals? It seems despite some uncertainties and ambiguities, this law altogether contains new good points, which can solve the problems and difficulties with regard to citizenship of offspring of Iranian women married with foreign men. According to the law, it is possible that the legitimate children of Iranian mothers married to foreign men, includes those who born inside or outside the national territory of Iran, obtain the Iranian citizenship. However, obtaining this citizenship is subject to the occurrence of legitimate marriage. Besides, according to this law, obtaining Iranian citizenship before reaching eighteen years old of these children is conditional upon request of Iranian mother. Although this law did not clarify those cases that Iranian mother does not ask for citizenship for her child due to any reason.

One of the advantages of e-commerce is the possibility of concluding a contract via the Internet. The success of online trading is due to the fact that it provides the consumer with the opportunity to offer a wide range of sales without limiting working hours and competitive prices. Simultaneous comparison of different websites that provide the same services makes it easier for consumers to estimate and identify enough information to make a satisfactory choice without a direct relationship with sales representatives. But the problem of imbalance in terms of level of awareness, expertise and power between producers and consumers in this environment is very obvious, as the consumer remains helpless by violating the commitment of the trader. How do we bring this balance back to the e-commerce market that works for both parties? And do traditional laws have the ability to respond to the virtual conditions of electronic transactions? Based on efficiency criteria, we show which of the solutions of traditional laws (fulfillment of the same obligation, termination of the contract and payment of damages) is suitable for breach of the obligation in the electronic environment, and what are the optimal solutions for shopping sites, merchant, consumer.

One of the important issues that is addressed is the explanation of the topics and the basic principles of modern studies of international environmental law. In this way, Due to the necessity and deepening in the discussion of development and mechanisms, this research has been done in the context of evolution, sourceology, foundationalism and the mechanism of following treaties. This study seeks to answer the question of what effect the sources of international environmental law have on the development process of mechanisms? Hence, the research hypothesis, considering the mechanism of compliance and implementation, refers to reactions and initiatives of law, legal and treaties based on the sources of international environmental law and the two-way impact on the process and development of mechanisms. The results of this study, in fact, binding up the treaty framework program by strengthening institutional mechanisms. The present study, while outlining the evolution of international environmental law, is based on the finding that existing mechanisms play a significant role in protecting and preserving the environment. In this way, this research deals with the process of development of international environmental law with the aim of explaining the dimensions of related mechanisms.

Alimony should be considered as one of the factors that are very important in the strength of the family system, although the family system is based on morality, but other factors such as financial relations of the couple should not be considered ineffective in its durability and strength. In the Iranian legal system, due to the emphasis of jurisprudence on the provision of living expenses by the husband and also, financial support of the wife in the form of alimony, the legislator considered the payment of alimony by the husband to the wife a necessity and even abandoned it. Under certain conditions, he is subject to criminal punishment. In the Indian legal system, alimony is one of the important elements in the relationship between couples and the Indian legislator, considering the diversity of religions in India, and its population composition, emphasizes the payment of alimony by the husband to the wife and laws has laid on it. The present article aims to investigate the status of alimony in Iranian and Indian law, the view of the two legal systems on alimony using descriptive and analytical methods and in response to a question posed to explain the purpose, this result It has been found that in the view of the legislators of Iran and India, alimony is one of the elements that are the responsibility of the husband and the requirements for paying it to the wife are far more than the reasons for non-payment.

In the contemporary world the existence of international law, its purpose and nature has been challenged by some of legal thinkers. Therefore bringing a justification to these doubts and analyzing the attitude of the philosophers of jurisprudence is of great importance. H. L. A. Hart is considered a prominent contemporary legal thinker and has rendered a set of philosophical views, especially regarding the nature of international law and his approach towards this matter has been largely praised in the west. This article is in a qualitative research nature and through a descriptive-analytical methodology tries to analyze his philosophical theory on the nature of international law. Finally, it has been concluded that Hart has played an important part in proving the existence of international law as a social structure, compared to the rest of legal positivists who often have denied the existence of such a legal system. He ascertained some features of a through legal system for international law as well and has explained some similarities between domestic law and international law as a real (existing) set.

The condition of non-liability in insurance has received less attention from researchers and existing laws. The ambiguity of the status of these terms and the reference of the status of these terms to the private terms of the insurance policy, given the annexation of the insurance contract and the superior trading power of insurance companies is a matter of criticism, which is often to the detriment of insurers and policyholders. Leads to. Although using some legal principles, the condition of non-liability for the main obligation of the insurer can be declared invalid, but this ambiguity continues regarding the sub-obligations of the insurer. Also, in cases where the condition of non-liability is partial, even if such a condition is related to the main obligation, considering that such a condition does not destroy the general effect of the insurance contract, it cannot be considered void or void of the insurance contract. But in general, referring the status of the condition of irresponsibility to private conditions has opened the door to abuse. For this reason, a review of existing laws and regulations seems necessary from this perspective.

Disability is a phenomenon that every human being may experience during his or her lifetime; People with disabilities want their basic rights, and they cannot achieve their real rights except with special and specific protections. In this regard, the United Nations has been working since 1975 to protect the rights of persons with disabilities. The most important step in 2006 was the ratification of the Rights of Persons with Disabilities and its Additional Protocol, to which a large number of countries have joined; The present study tries to investigate the legal and social effects of Iran's accession to the Convention on the Rights of Persons with Disabilities by descriptive and analytical methods, and evaluate Iran's adherence to its commitments in this area, And the question of this research is: what are the problems and obstacles for people with disabilities? And Iran after joining to this Convention, what actions has it taken regarding the equality of their rights in law and urban adaptation for these weak people? The research hypothesis is that contrary to the numerous laws that exist in the field of necessity and obligation of adaptation, less practical and executive actions are taken by the relevant agencies in this field. Iran is one of the 40 countries that have a comprehensive law to protect the rights of people with disabilities, but unfortunately, this law has not been implemented yet due to the lack of an executive guarantee. The present study is applied in terms of purpose, and its contents have been analyzed and compiled in a library method using books and articles written and translated.

The international community has increased cooperation and judicial assistance at the international level to effectively combat with various forms of transnational and international crimes. One of the most important types of this cooperation is the extradition of criminals based on bilateral or multilateral agreements or based on regional and international conventions. The review of extradition laws in the three countries of Iran, Afghanistan and Pakistan is due to the uniformity of political rule in these three countries, the Islamic Republic, although this title (Islamic Republic) in each of these three countries is different of each others. All extradition laws follow a series of similar and similar principles and forms, but nevertheless, the extradition law of Afghanistan, in addition to being up-to-date and observing the previous principles, considers the principles such as the principle of observance of Human rights standards and the prohibition of extradition of a woman or child of Afghan citizenship or the prohibition of extradition of a foreign child without citizenship to foreign countries also provide for the immunity of witnesses and experts in the extradition law. This article seeks to study the conditions governing extradition in three Islamic and neighboring countries in order to achieve a precise and common understanding of the compliance of their laws and agreements between them with the basic principles of extradition. It is suggested reviewing and rmending the extradition law of Iran and the obsolescence of cases such as misdemeanor and criminal penalties.

The right to broadcast football is one of the well-known rights of football in the world, but in Iran it still faces major challenges, because despite the conclusion of an agreement between the radio and the football federation to pay a fee as the right to broadcast sports events by the radio The reluctance of this organization to fulfill its obligations has caused controversy, and despite the legal monopoly on the right to broadcast sports events for radio and television in the Law on the Implementation of Article 44 of the Constitution, the abuse of the dominant economic status is prohibited. Also, broadcasting sports events, which means live or recorded coverage of sports events on television, radio and other broadcast media and is described by one or more sports commentators, is the link between sports and the media. Now the main question is what is the solution of jurists and jurists in the field of broadcasting rights and termination of football broadcasting contracts following economic and political sanctions? Therefore, the purpose of this article is to provide jurisprudential and legal solutions by applying the football broadcasting rights of other countries to solve the problem of Iranian football broadcasting rights. To improve the football situation in the economic field, the existing gaps in the legal, economic, cultural and managerial fields must be filled, and these gaps can not be filled except with the help of jurists and lawyers to establish the legitimacy and legalization of broadcasting rights, so there is a need to form a committee. The technical and professional support of the government, parliament, the Radio and Television Organization and the Football Federation is required, and also to revive the right to broadcast Iranian sports, it should be deducted from the annual credits of the Radio and Television and added to the titles of the Ministry of Sports and Youth.

The need for an international, specialized, and comprehensive maritime organization underlay the development and approval of the International Maritime Consultative Convention in 1948. However, prolongation of the convention's entry into force for ten years, the emergence of new issues in maritime affairs, revealed the need to amend the aforesaid convention. The present study aims to analyze the amendments to this convention. A total of eight amendments have been made to this convention. The most important changes resulting from these amendments can be observed in the structure and pillars of this organization. This council, which initially started its activity with 16 members, gradually promoted to 40 members with the continuous and permanent membership of developing countries. Accordingly, Maritime Safety Committee, Legal Committee, Marine Environment Protection Committee, Technical Cooperation Committee, and Facilitation Committee were established and then gradually promoted from a secondary committee to a major and specialized committee considering the importance of their activities. In addition to all these structural reforms, according to the Fourth Amendment, adopted in 1975 and put into force in 1982, the name of this organization was changed from the International Maritime Consultative Organization to the International Maritime Organization. Regarding the amendments, this organization has managed to cope with the most important challenges of safety, security, and marine pollution and develop the same standards around the world. In the meantime, Iran has played an active role in accepting these amendments. Although there was a pause in Iran's effective role and the adoption of the fourth to sixth amendments to the IMO Charter, once again, given the importance of the IMO in Iran's maritime policy, the country took a more active role in accepting the seventh and eighth amendments are visible.

One of the most controversial issues right now is animal rights communities. Although it is a relatively new topic in various scientific and social fields, and most activists and researchers believe that many of its aspects are neglected, such neglect should not be understood as rooted in silence and neglect. Rather, the issue of animal rights has a solid basis in both the jurisprudential documentation and the philosophical and ethical approaches.In which not only are the various aspects of the subject ignored, but it can even be said to cover almost all its aspects. Therefore, the neglect of some aspects of this issue at the present time should be attributed to the negligence of scholars and the legislature. Therefore, addressing the issue of animal rights first requires a proper understanding of its fundamentals and origins, as well as addressing the types of animal rights and their dimensions as an independent subject for research, in this article, we independently examine the foundations and roots of animal rights in the light of jurisprudence and philosophical approaches. To understand why animals are said to have rights and rights; and why we should abide by their rights.