نشریه حقوق فناوری های نوین
سال دوم شماره 1 (پیاپی 3، بهار و تابستان 1400)

Expressing aspects of the conflict between the decision of public and governmental officials and bilateral agreements is not always limited and does not lead to the supremacy of public law over private law and, as the case may be, requires case attention. This subject is important not only in terms of supremacy of the public affairs on private law but also in terms of the nature and effect of the contracts. This article examines and explains the nature of public-government officials’ decisions and their impact on private contracts. In this line, generally adopted decisions, regulations, policies, and circular letters have been issued beyond private will. Moreover, its observance is in some way binding on the parties to the contract, and at the same time, the implementation of the contract is affected by it. The type and content of the decision can take on a different nature and ultimately impact the contract. Therefore, the nature of the subject must be reviewed in terms of institutions and other dimensions and, finally, its effects on contracts to be considered. The considerations will conclude that since the decision of public officials in some cases is based on law, regulation or implication if the parties did not consider this title (government action and ruling action) as force majeure, depending on the approach of legal systems - And in line with the principle of Stability in Contracts- it should be identified in terms of contract modification, third party obligation (legal obligation), change of circumstances (Hardship or Frustration of contract), and to respect the will in good faith of individuals The contract was dissolved only in the absence of any of the required items.

Financing is one of the key issues in investment contracts and the oil and gas industry. Oil and gas projects play an important role in the development of the economy of the oil-owning country, and therefore their implementation requires high costs and high risk. In financing oil projects, the subject and geography of the project are very important. These projects may be financed from financial or capital markets. Choosing the right financing for a project can vary depending on the physical, geographical, and political needs of the project. These methods include financing, usance, project financing, and so on. Since the financing required for these projects is done in the form of different contracts and depends on the project conditions, rights, and obligations of the parties, environmental characteristics, etc., in this article, we examine the types of financing and the possibility of using them in oil projects. We examine. In this paper, a descriptive-analytical method is used to analyze each of the financing methods

TThe professional service providers’ specialized knowledge and skill versus the service customers’ unfamiliarity with the process of service providing cause difficulties for the injured party in proving the main elements of the contractual and non-contractual liability. As a result, sometimes wasting the injured parties’ rights and improper imposition of damages is unavoidable. For this reason, different legal systems such as French Law and Common Law try to eliminate the complaints’ inequality by considering special basis for the professional’s civil liability.This article seeks to explain the professional’s contractual and non-contractual liability’s main elements and pillars from the prospective of its effect on the injured party’s rights. A comparative study of French Law and Common Law and assuming the civil liability's basis for the professional service providers in Iranian legal system shows that in many cases, the injured party is exempt from proving the harmful act and the casual relationship or it is easily possible for him to prove it.

Arbitration is the process during which the parties to a dispute grant third party/parties the authority to settle the dispute and undertake to accept the issued award as final and binding. One of the most important advantages of an arbitration award is its finality, which could naturally reduce costs and processing time. This said it is not always the case that arbitral awards are final and the legislator has prescribed certain corrective mechanisms. Assuming that ordinary appeal procedures are not available for arbitral awards, this article sets out to examine the possibility of applying extra-ordinary methods of appeal envisaged in Civil Procedures Act to arbitral awards. The extraordinary methods include appeal to the supreme court, retrials and appeal by third-parties. In domestic arbitration, where the parties are Iranian nationals, appeal by third-parties is more likely to happen, and in international commercial arbitration, retrial is recognized, and appeal by third-parties is also possible. Of all this in domestic arbitration where both parties are Iranian, appeal by third parties is possible an in international arbitration some sort of retrial has been envisaged in addition to third part appeals. Of course, court judgments on the request for annulment of arbitration awards could be subject to ordinary and extraordinary appeal mechanisms.

Unlike immaterial possessions, the material possessions of the partner, even to the extent of his portion, is subject to the consent of the other partners. So There is a debate about the Endowment on the joint property; because, for its formation, in addition to the agreement, the delivery is also essential. In Islamic religious jurisprudence, regarding the Endowment of the Joint property, some differentiate between "divisible and indivisible", as well as "movable and immovable" property, and according to the type of property, they judge the status of the endowment contract and the quality of delivery of joint property. In contrast, there is an indivisible view that it considers the endowment on the joint property to be valid in any case and do not make any distinction between the joint properties for the delivery.There is no specific provision in Iranian law in this regard, and According to other real contracts and jurisprudential opinions, jurists declare the Endowment of the Joint property to be correct and only express various opinions on the quality of delivery of joint property. According to the survey, it seems that if we consider that the immaterial domination by beneficiary of an endowment is sufficient for‍ taking delivery; delivery is an immaterial possession. so the contract of endowment is valid, from one of the party.

Competition law is a critical tool for managing and regulating markets to increase efficiency, welfare and economic freedom.Since it is desirable to improve the efficiency and well-being of consumers in any market, competition rules can be applied in all markets unless a particular market is excluded from the scope of these rules for a valid reason. Since the issues related to competition law and domain names in the Iranian legal system and their various legal dimensions are unknown, this paper explores how to enforce competition rules in the domain names market. The paper analyses since providing the domain name is an economic activity, the companies supplying this product and related services, i.e. ICANN and all registries and registrars, are considered enterprises and subject to competition regulations. Moreover, exempting this market from the application of competition regulations has no economic justification and logic.Also, committing some anticompetitive practices by firms operating in the domain name market is probable and conceivable. It suggests that as the sole authority to review anticompetitive practices in Iranian law, the Competition Council, may apply one or more of the sanctions of Article 61 of the Act of the execution of the General Policies of Article 44 of the Constitution (2007) to the infringing undertakings in the domain name market.This article provides an overview of competition law enforcement in the domain name market, using an analytical-descriptive method.

The terms of electronic contracts,in terms of their adaptation to cyberspace and the electronic nature of the contract environment, imply a special feature compared to the terms of traditional contracts.Without trust in electronically concluded contracts,new economies will not be able to reach their full potential and will lag behind the opportunities offered by new technologies.Either the trust in the technical possibilities and the validity of the e-contract must be increased or a completely new concept mustbe found to regulate exchange of goods and services in the new digital age. Considering the inherent nature of electronic contracts, the purpose of this study is to provide a conceptual model of factors affecting the acceptance of electronic contract technology by the audience in Iran.In this research, first, by reviewing and analyzing the content of the literature, the concept and nature and history of e-contracts have been identified and the obstacles to its acceptance have been identified.Then, in order to study the factors affecting the acceptance of this technology, using the structural equation modeling method, a conceptual model on the acceptance of factors affecting the acceptance of e-contract technology has been presented and the patterns in quantitative data have been identified.The results showed that there is a significant inverse relationship between legal, technical and security constraints with the adoption of e-contract technology in Iran;And there is a direct and significant relationship between the perceived usefulness of the application and the flexibility of the use of e-contracts with the acceptance of its technology in Iran.

The purpose of enacting laws and regulations in each country is to guarantee the fundamental rights of individuals in society by observing the principles of fair trial and not encroaching on the private rights of individuals, as well as protecting the public interest of society. Today, taxation as one of the main sources of income for governments, Due to the challenges associated with how to claim it As well as designing a dispute resolution mechanism for the collection of various taxes Based on the legal principles accepted in each country, It is a place of conflict between the government and the people.Therefore, it is necessary to form references in accordance with a model in accordance with legal principles So that the government on the one hand and the taxpayers on the other can be confident These authorities will be able to rely on the rules and respect the rights of the parties Finally, provide a just solution to the dispute And this important thing will not be achieved except by observing the principles of fair trial In a new system of proceedings that has been approved by all international legal institutions. Accordingly, various legal systems have been established regarding tax litigation Each of them may have strengths and weaknesses in terms of proximity or deviation from the principles of fair trial. In this article, by examining the patterns governing the tax dispute resolution system in Iran, Selected countries of the European Union as well as comparing the mentioned models,

Review of the legal system governing licensing for Internet business system in IranLack of transparency, complexity and strictness of the process of obtaining a license to register or start a business is one of the important problems of businesses in Iran. This is more complicated in emerging businesses. Many start-ups are confused about their licenses. In this article, we try to discuss the issue of business licenses with an emphasis on Internet businesses. Laws and regulations have been enacted by the relevant authorities in recent years. There are significant approvals for business licenses that, if implemented, will facilitate the licensing process and, as a result, improve the overall business climate in the country. Although the adoption of some regulations is a positive step in organizing economic activities in cyberspace, there are still many gaps and ambiguities in this area. The present study, using descriptive-analytical methods and using library and Internet resources, examines the challenges in issuing licenses for e-businesses.

Technological phenomena, despite facilitating human life, pose challenges of economic and social dimensions. Therefore, exploring challenges and finding ways to reduce their potential and real risks has always been one of the fundamental human questions. A clear example is the technological phenomena of virtual currency, which, along with all the benefits and positive functions, has paved the way for change and innovation in committing some crimes. This has accelerated the process of globalization of crime and has had a significant impact on the criminal environment by extending beyond the geographical borders of a country. Therefore, the actors of the criminal justice system, according to their inherent duties, should control the criminal capacities of this technology as much as possible by setting up an optimal response system. Undoubtedly, like other areas of crime response, action response is a priority in this area. This has also been the focus of the FATF Financial Action Task Force. Within the framework of its risk-oriented approach to money laundering, the group emphasizes the selection of a risk-averse approach to the risks of virtual currencies. It seeks to extend the risk-based prevention approach to this technology, including the requirements for preventing money laundering on virtual currencies. However, the evaluation of the recent approach shows that relying on it alone is not effective enough and the existence of some challenges has prevented its full success. This is evaluated in the present study with a descriptive and analytical look to reveal its various dimensions.

Based on each society's judicial, social and economic structures and approaches, the principle of strict liability for producing defective goods has been accepted, without the need to prove the fault of the producer and distributor. In the Iranian legal system, however, liability based on fault is still the dominant judicial approach. However, considering that in today's modern and industrial age and the technological complexity of production and professions, protection of consumer rights is appropriate to accept strict liability. So the tendency of the Iranian legal system to accept pure responsibility in the field of consumer protection in various laws, including regulations on the production and distribution of medicines, is an essential step in building public confidence. To avoid imposing strict liability on the manufacturers and distributors of the pharmaceuticals, they must be produced and distributed safely to consumers; hence, they use them without the fear of harm or danger. Of course, this is associated with legal responsibility and obligation. However, suppose a person is harmed due to the use of a defective drug; in that case, it is necessary to prove the causal relationship between the harm and the defect of the drug.

To a great extent, cyberspace has managed to create a new world. This online phenomenon contains cultural, social, economic and legal aspects. In the meantime, even though there have been detailed discussions about the basics and principles of the cyberspace framework around the world, the theoretical background of this phenomenon still proves fragile. Accordingly, the present research examines the problems arising from the normative order in cyberspace, namely legal tools, and the problems that arise when applying for this normative order in the "real" world. As a result, these problems become a challenge facing the process of adapting to the growing information technology. In fact, the existing framework, which covers national laws and some multilateral treaties, fails to provide us with appropriate "tools" in dealing with cyber-relations. One of the significant problems in overcoming current tensions to "apply" existing legal norms in cyberspace is that even new theoretical approaches do not make adequate efforts to institutionalize technological advances in the international system. This research intends to introduce and discuss the capability of implementing various legal concepts for regulatory processes in cyberspace, using the interdisciplinary approach - public law and economics.