نشریه تحقیق و توسعه در حقوق تطبیقی
پیاپی 10 (بهار 1400)

In the Common law system, after the Germanic-Romans tradition, this legal institution has been recognized and its various legal aspects have been formulated. Adoption in the Western legal system has many forms and its number is increasing daily. Lawyers, judges and legislators try to delineate the legal aspects associated with each of these forms. The institution of adoption as the provider of the interests of children and adolescents who have no guardian appointed or suffer from bad parenting has been considered by all legal systems in the world. In Iranian law, as guardianship and in Islamic law, as custody, it has a special but not very clear position. One of the legal issues related to adoption is the issue of inheritance between the child and the legitimate father and his relatives on the one hand and the adopted child and her/his guardian and relatives on the other, an issue that in Iranian law, relying on the silence of the legislature, and the universally accepted views of experts in jurisprudence and law, does not provide for the mutual interest of the adopted child and the guardian, and therefore requires further examination. In the present study, an attempt is made to initiate a new perspective into the issue of securing the interests of the child from the guardian's property after his death and vice versa by examining the existing approaches in the laws and precedent in the United Kingdom and the United States regarding the issue of inheritance in various forms of adoption.

Proving the lineage of a child to each of his/her parents is one of the most important rights of the child, since it gives rise to possession of a personal identity, prevention of mixing of lineages, and damage to their rights.
Nowadays, one of the best ways to prove lineage is birth registration, getting an identity card, and personal status documents.
The main question of the article is whether it is possible to deduce the need to register a birth canonically based on jurisprudential principles.
From evidence drawn from canonical sources, such as Quranic verses, narrations of Ahl al-Bayt (AS) and the conduct and practice of the wise, the need to register a birth in registry offices can be deduced. However, in spite of the fact that they accept the principle of the need to register births, certain jurists have challenged the need to register a birth in registry offices on a canonical base.
According to Article 993 of the Civil Code and Articles 12, 13 and 16 of the Civil Registration Act, birth registration is a legal obligation and the legislator has provided a guarantee for it on the grounds of the necessity and importance of the issue.
In this article, we will examine the importance and reasons for the need to register births in Imami jurisprudence with a comparative approach to the law of some Islamic countries.

The manner of payment and guaranty of obligations is of paramount importance in international contracts, and in international transactions, it is rare to find a contract that does not have a condition on the manner of payment and guaranty.
In this regard, commercial letter of credit is considered as of one the most common types of payment strategies in international contracts. Bank guarantees and stand-by letter of credit are also the most common strategies to ensure fulfillment of contractual obligations and in both the bank plays an important and active role.
In commercial letter of credit, the goods in question are given to the bank as collateral and the bank can sell them if the applicant fails to make the payment. However, the letter of guarantees may not include goods, hence the bank is deprived of the privilege of collecting its claims through the sale of goods. As a result, the bank runs the risk of not receiving its claims.
This feature, in which the bank is able to reimburse its claims through selling goods that are the subject of the sale contract, may be called «principle of self-liquidation«.
What will be examined in this article is the position and nature of this principle in letter of credit and the effects that flow from it.

There is no agreement amongst lawyers in different legal systems on whether hardship is accepted in the convention on contracts for the international sale of goods, particularly article 79 of the convention. A comparative study on the opinions of the commentators of the convention shows that the Silence of the convention can be interpreted as an "external gap", "intended omission", or "internal gap. Most of the age-old interpretations have been confined to this short explanation that the convention does not have any explicit provision as to the hardship. The conclusion of the research: in the recent opinions which are based on the purpose of the convention, presented by its commentators, the convention has "internal gap" regarding different situations of hardship. To fill this gap the fundamental principles of the convention (such as good faith, reasonableness, cooperate, favour contractus, and …) shall be applied. Based on these principles, the right to request for renegotiation or adaptation of the contract can be recognized for the obligor in cases where an unexpected increase in the costs or a decrease in profitability of the performance of the contract occurs after the conclusion of the contract.

In this article, after explaining the concept of "conflict of interest management", with reference is made to its application in Iranian legal system. Then, Different verses of Quran, hadiths and jurisprudential theories that can be used in managing conflict of interest have been analyzed. In the following, by giving some objective examples of conflict of interest in the Public Affairs management, And by review the situation of the Iranian legal system in relation to conflict of interests management, a report is presented on the legislative measures in the form of a bill proposed by the government or a representative plan on conflict of interests. There is ambiguity or legal gap in this regard, and therefore in the thirteenth presidential election, we see at least three clear examples of violations of the philosophy of conflict of interest, which has emerged by observers and executors; These three examples are: Conflict of interests arising from the relationship of kinship - Conflict of interests arising from the relationship between the nominee and the elected - Conflict of interests arising from the two supervisory and electoral roles of the other candidate.

The subject of this article is the analysis of two judgments in the field of claiming moral damages.
The subject of these two judgments is that the obligor did not fulfill his obligation to film a wedding ceremony and did not deliver the wedding videos. The obligee has also filed a lawsuit and demanded compensation for the damages incurred by her.
Naturally, one of the examples of damages is the moral damage that has been inflicted on the obligee due to not having a lasting visual record of the wedding ceremony.
Now, it remains to be seen under what circumstances this type of damage can be claimed in the Iranian legal system.
In this article, considering the fact that moral damages sought are directly caused by the obligor and are basically predictable, the ability to claim such damages is emphasized.
Another issue is the method of compensation. In these two judgments, two methods have been used to compensate for the moral damage: one, the obligation to "pay the equivalent of the salary received" and the other, the obligation to "pay the equivalent of the costs of the wedding ceremony."
In this article, emphasizing the fact that the judge should think in a way that is compatible with the "circumstances of the case", an attempt is made to examine the appropriateness of the abovementioned methods.