فصلنامه پژوهش های حقوق تطبیقی عدل و انصاف
پیاپی 13 (تابستان 1400)

Privacy is one of the most up-to-date legal concepts of the present age and is considered one of the most fundamental and fundamental human rights, and it can be said that many people in different parts of the world are involved in it every day and their privacy is violated in various ways. Accordingly, privacy is the realm and range of actions, behaviors, thoughts, characteristics and characteristics of a person that are determined by law and custom and can be changed according to the requirements of time and place and are not public and specific to that person. And has a reasonable freedom in this area and does not disclose them, and human beings do not tend to disclose it, and this privacy is free from the entry, view and supervision of others or any aggression, whether by law or consent. . But the boundaries and content of what is considered private vary between cultures and individuals, but their core content is common. Recognition of human freedom and will and respect for his privacy will enable the flourishing of human talents and their participation in affairs, and the recognition of the private sphere as a right for human beings, an important and effective role in promoting, developing and supporting It has values ​​such as freedom, a sense of security and peace in society, mental health, and the growth and flourishing of human talents. Now, all these cases make it necessary to know the standards and concepts that exist about privacy

Residence is considered as the main factor in determining legal citizenship, which has been considered in various legal systems. On the other hand, it is the source of changes in laws in marriage, divorce, inheritance and will. In order to determine the righteous law of foreigners in the rights of different countries, two factors are typically taken into consideration: one "residence" and the other "citizenship".In Iranian law, articles 6 and 7 of the national law are accepted and explicitly stated in the case of Iranians residing abroad and foreigners residing in Iran, according to the law, the residence law of the competent law on the personal status of natural persons at the time of dispute and dispute shall be subject to the law of the headquarters of the dispute. This study aimed to examine the right to determine the residence in personal status in jurisprudence and law.Keywords: Residence, Citizenship, Personal Status, Competent Law.

In the recent decades modern governments have got the control of their citizens rights in their own hands in some fields including certain contracts for jobs, insurance, and civil responsibility. They not only interfere with judicial contract making and legislative findings but also, they interfere with contract due to so-called supporting the vulnerable person, defending citizens and making them happier and bringing more and more development in the society and they called it patriarchal supports which could be beneficial for a marginal group or class and put some others in danger based on their social benefits and weakening the sovereignty of private contract.In this research we review and analyze the reversed affects and probable results of patriarchal expediency of government and confrontation of it with the base of spending everything fair which traditionally would be done by supporting vulnerable ones to show the adjustability of each citizen sovereignty. We also want to show the undesirable affects of it on the stablishing a fair and just society.

One of the crucial topics of kalām is the value-related and normative behaviors of human individuals and societies, and thereby, this discipline of knowledge is related to the act of ruling and public law. In fact, since public law addresses the notions of government and citizen and regulating their relations in its discussion of the concept of state, its addressing of these two domains with a prescriptive approach is the point of junction between the kalām-related and the legal discussions in public law. One of the topics in value-related discussions is the theory of justice. Theory of justice is the point of junction between kalām and public law. In fact, the scholars of kalam address the questions of rulership and government from the viewpoint of theory of justice and theory of morality. Issues like citizens’ political freedom, the relation between states and individuals, the concept of legitimate political Power, in general, the characteristics of an ideal state from ‘Qāḍī ‘Abd ul-Jabbār’s viewpoint are some of the topics related to public law that are addressed in his theory of justice.

One of the most important topics in Islamic sciences and humanities is accurate understanding of the meaning of the text. Hermeneutics is a branch of the humanities that discusses the theoretical foundations of text interpretation and comprehension. The science of the principles of jurisprudence pursues a similar goal. Because its duty is to deduce the Shari'a ruling from religious texts and sources. And that is why the fundamentalists in the discussion of words are forced to discover the rules of understanding texts.The jurist uses the text of the book and tradition, ie the Qur'an and Islamic hadiths, to deduce the rulings, and the necessity of using these texts has caused about half of the discussions on the principles of jurisprudence to be used to express rules that guide how to use the words of the book and tradition. They are in inferring the rulings This section has been called "discussion of words", and this is where the discussion of the relationship between this section of the principles of jurisprudence and contemporary hermeneutics arises and the criterion of understanding between the speaker and the audience that are not on the same horizon is raisedIn principled sources, several theories are usually mentioned in the matter of accurate understanding of the meaning of the text, which show the phenomenology of the hermeneutic problem before it was raised by the German theologian and writer Schleier in the form of principled theories, the most important of which include Exemplary theory of.......

The law scholars have been seeking, especially in the area of commitments, to enact verdicts that support the individuals’ ownership. The results of supporting ownership in the laws of contracts have been theories like will’s governance and contract’s adulation and, in the extra-contractual requirements, efforts for restoring the victim into a prior state. The veneration of ownership in the course of time caused the accumulation of capital by the individuals and, resultantly, the impression of the economic theories on the science of law. The economic theories are so rooted in the domain of the commitments that they give rise to the emergence of theories like the contract’s administration against its adulation in the laws of contracts and the instrumentalist theories in the non-contractual commitments. The acceptance of the economic phenomena as a legal challenge caused the issues like contract moderation, buoyant price and/or the option-related provisions such as the option of refusal to be looked at from a new perspective. In the present article, the author intends to analyze the single article “about the elimination of invasion and compensation of losses imposed to properties” as well as the note 3 to article 8 of the law on “the compulsory insurance of the losses caused to third persons as a result of the accidents stemming from vehicles” as examples that are completely influenced by the economic conditions and are apparently against the preliminary legal regulations meanwhile dealing with the foresaid important challenge.