نشریه مطالعات فقه اقتصادی
سال سوم شماره 4 (پیاپی 11، زمستان 1400)

Acceptance of international intellectual property treaties, such as; Paris, Bern, Washington, Rom and Trips by many countries can be considered as a means of international protection of intellectual property rights. The important of these principles are: national treatment, most-favored-nation, minimum wages, prohibition of unfair competition and prohibition of abuse of rights. Due to the effective role of these principles in interpreting the rules set forth in international treaties and determining the scope of international protection in intellectual property studies are important.

Method of studying is descriptive-analytical, based on the information of libraries and scientific sites.

Governments should join to the international treaties to protect their citizens' intellectual properties rights against other states. The result of these actions is the acceptance of the principles of the treaties, that leads to provide international support of the owners' rights of some intellectual properties.

This article respected of the intellectual property rights of the authors whose works have been exploited.

Considering the persistence, acceptance of the principles {National behavior, Most-favored-nation, Minimum wages, Prohibition of unfair competition and Prohibition of abuse of rights} by contracting states and the unity of the criterion of section 1 (1) of article 38 of the international court of justice in the Hague, the theory can be proposed to accept these principles by civilized nations such as the contracting states. The general principles of international intellectual property law are called.

One of the most important issues in the world of law is to prevent the abuse of rights. The institution of marriage, given that it has a non-financial nature with many financial implications; Allows the abuse of rights in some cases. One of these cases is marriage in the case of a couple's disease, which we will examine in the present study.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In fact, diseases can be divided into two categories. The first category of diseases that lead to death in a short time. Certainly, these diseases are subject to Article 945. The second category of diseases that cause death after a long time. These diseases themselves are divided into two categories; Diseases that a person suffers from for a long time from the time of marriage to death. These diseases do not appear to be covered by Article 945.

In Article 945 of the Civil Code, in order to prevent the abuse of rights, the legislator has deprived the wife of inheritance with the mentioned conditions. But it should be kept in mind that in addition to inheritance, marriage has other financial effects such as alimony, dowry, retribution, and so on. Therefore, covering these gaps by the legislator seems to be necessary to increase transparency.

The discussion of children and the digital environment is one of the important concerns, including in the field of jurisprudence, economics and law; What are the rights of children in the digital environment and what is the approach of jurisprudence and law regarding commercial advertising using children in cyberspace is one of the important issues in this regard, which is tried to be examined in this article.

This is a descriptive-analytical article using the library method to examine the question in question.

A wide range of children's rights including privacy, good access to digital environment, protection against sexual abuse and commercial advertising are the most important principles related to children's rights in the digital environment. There is no direct discussion of this in jurisprudence, but the need to protect the rights of the child, including in commercial advertising in the digital environment, can be deduced from a review of jurisprudential sources. In Iranian law, however, there are limited rules on children's rights in the digital environment, and there are no clear and coherent legal rules on the use of children in commercial advertising in the digital environment in Iranian law.

Monitoring children's activities in the digital environment, formulating appropriate laws in this regard and increasing the level of literacy and awareness of children in the use of digital environment are the most important strategies to protect children's rights in this area, especially in the field of commercial advertising.

Arbitration is one of the ways to resolve disputes between individuals that is considered by many businessmen today, especially in business and contracts, and has many applications in the season of hostility. In this article, we aim to identify and enforce commercial arbitration awards in Iran and in the 1958 New York Convention.

The findings indicate that considering that this type of proceedings, firstly: due to the specialized aspect, secondly due to the elimination of many bureaucracies and special court procedures, thirdly due to the low cost and fifthly due to the short process of proceedings Based on the International Commercial Arbitration Law and the New York Convention, the recognition and enforcement of foreign arbitral awards in Iran is prescribed. Ethical considerations: In all stages of writing the article, the principles of honesty and trustworthiness have been observed.

Recognition and enforcement of foreign arbitral awards is an integral part of the enforcement of foreign court rulings and many considerations and principles regarding the enforcement of foreign judgments in the executive court are taken into account when requesting the enforcement of foreign arbitral awards. The procedure for enforcing foreign arbitral awards under the International Commercial Arbitration Act and the New York Convention is different from the manner in which civil judgments are enforced.

Commitments are an important part of law and even our daily lives. For this reason, it is important to address the terms and conditions of the transfer of commitment, the ethical standards that govern them, and even to know the laws and regulations in this field. The present study raises the question: What are the elements of the ethical criteria governing the transfer of obligation in domestic law?

The findings show that the transfer of commitment, although required by law, is sustainable based on moral principles and good morals; Considers the issue of compensation in the obligation; Is based on satisfaction; The beneficiary participates in the transfer of the obligation and finally considers the exchange of the transfer in certain cases.

Institutions similar to the transfer of commitment are seen in Iranian domestic law, but this acceptance never means the existence of the institution of transfer of commitment in domestic law, in other words, the vacancy of such an institution is felt. Because in the transfer of obligation, the obligation is transferred with all its functions and its guarantees remain, and the most important guarantees are ethical principles and criteria such as consensus of the parties, participation in the transfer of commitment, agreement of the obligation and following good morals. In this case, the transfer of commitment can be accepted in domestic law as an institution.

The Possessory will of the deceased is indebted to one of the important issues in jurisprudence that is the subject of discussion. In this article, we have tried to examine the status of the testator's Possessory will and property and what is the jurisprudence and law approach regarding the debtor's inheritance option.

This is a descriptive-analytical article using the library method to investigate the question.

In this article, honesty and trustworthiness have been observed.

The heir's possessions in the estate must be in line with the deceased's religion in order to be considered legitimate and valid. The debts of the deceased do not belong to the heirs. In order for the estate to be ready to join the heirs' property, it must be liquidated, and the debts and financial obligations of the heir take precedence over the acquisition of the heirs.

The immersion of religion in the will does not prevent the cucumber from being transferred to the heir, although the money in which the cucumber is present is not transferred to the heir due to the existence of religion.Keywords: Inheritance, Will, Proprietary Will, Inheritance option clause, Debtor Dead

Accusation is one of the well-known approaches in the field of criminal law, which was first introduced in the United States and then has found a special place in the legal system. The purpose of the present study is to investigate the role of the charge transaction in the criminal law of Iran and the United States and its effect on adjudication, which is also pursued from a jurisprudential perspective.

The method of this study is descriptive-analytical and citing articles, books and related documents in the field of criminal and judicial law.

Proponents of the deal see the charge as a way to prosecute and reduce crime, while opponents see the consequences, including coercion, conviction of innocents, and lack of guarantees from offenders.

The present study has been written while preserving the rights of authors and observing the principles of writing ethics.

The lack of comprehensive laws in this area in the United States has led to challenges such as the conviction of innocents. But in the Iranian penal system, the existence of restorative justice capacities is a good opportunity to recognize the charge. Therefore, the prediction of this institution in the Iranian penal system, in addition to reducing the volume of cases and court costs, causes embarrassment to the defendant.

Analysis of the use of the maximum available capacity of civil society elements in the Iranian people to strengthen participatory criminal policy is the subject of this study.

The present research method is a description of qualitative content and has been written by collecting information from legal sources.

The participation of civil society removes the criminal justice system from its mere formality and reduces the volume of formal judiciary so that it can improve the efficiency of the criminal justice system in areas such as crime prevention and efficient fight against the overall crime rate.

In this article, we have tried to observe the originality of the texts, honesty and trustworthiness.

Participation of criminal policy means distancing oneself from repressive criminal government and pure government and the presence of civil society in all legal stages and processes that can work with official institutions, judiciary, criminals and victims in resolving legal disputes and implementing measures. And various crime prevention plans have a role and intervention.

The principle of stability of litigation elements (Immutability Principle) requires that the elements of the litigation remain as stable as possible, and probable changes must be made within the framework of the regulations. In the present article, an attempt has been made to discuss various modifications on the subject matter of civil litigation and the rules governing it.

Various legal methods of modifying the subject matter of claim, including increasing the claim, reducing the claim and changing the claim, are provided in Article 98 of the Civil Procedure Code.

Increasing demand means increasing the amount of demand and entails a quantitative growth of the claim while decreasing demand is its opposite. Changing a demand means replacing a new demand instead of the damand inserted in the petition. If the increase or change of the demand is outside the prescribed deadline or does not meet the condition of unity of origin and connection with the original demand, will not be admissible by the court. Triple modifications on demand will affect the scope of the court proceedings and will also affect the ability to review or appeal. In addition, an increase in the claim will inevitably lead to an increase in the cost of the proceedings and a change in the claim may have such an effect according to the case.

According to the law, all members of society are equal before the law, and from a human point of view, nothing is superior. When man accepted social life, he relinquished maximum use of his rights and accepted the rules of collective life. Of course, this conscious restriction creates the expectation from governments not to restrict and respect the rights of citizens for no reason.

The findings indicate that in Iran, the constitution is in accordance with the holy Sharia of Islam, which is described in detail in the following explanation and affirmation of citizenship rights, and emphasizes the fundamental and contractual human rights and in Other ancillary laws include legal protections and guarantees of proper performance.

From the beginning to the end of the article, the principles of honesty and trustworthiness have been observed.

This is the citizenship rights that the Islamic State is obliged to guarantee. Citizens' mutual responsibility towards each other, rule of law and respect for laws, prohibition of encroachment on public interests and violation of the rights of others, enjoining what is good and forbidding what is evil, and performing financial duties are among the most important pillars. Which citizens are obliged to observe in the Islamic society. Therefore, the manifestation of citizenship rights in Islamic society is a two-way street. On the one hand, the rights of individuals must be guaranteed by the Islamic government, and on the other hand, citizens must fulfill their duties towards others.

One of the conditions that the parties agree on when drafting the contract is determining the condition of the obligation. The present article seeks to examine the "adjustment of the contractual obligation in the 2016 French Civil Code."

The research method is comparative and the data collection method is documentary-legal analysis. Ethical considerations: The writing of the present article is based on the observance of ethical principles of writing articles, including fidelity in citation.

Comparison of previous laws and the amendment of the French Civil Code (2016) is mainly based on compliance and convergence with the international environment is influenced by the phenomenon of globalization in order to be able to modernize it while maintaining the original structure of the civil law.

The French legislature seeks to bring contracts and their obligations into line with European law. In the next step, to ensure equality and observance between the interests of the parties, regardless of market requirements. In this sense, it is a progressive law that other legal systems can take advantage of, taking into account indigenous conditions.

Privacy and the need to protect it in the legal world today is recognized as an important principle. The protection of this right has provided the necessary conditions for the growth of thought and the excellence of the personality of individuals in society. Therefore, it is necessary to respect the privacy of individuals in all matters, especially in the courts of justice and in the study of reason. Our goal in this study is to identify the privacy of the evidence in the courts.

The present article is a descriptive-analytical method and research tool, taking notes from library resources.

The findings indicate that; Privacy is one of the fundamental issues of human rights and one of the concepts of developed legal systems that is very closely related to human dignity and respect for the privacy of individuals in the sense of respect for the home and workplace of individuals and keeping conversations and correspondence confidential.

From the beginning to the end of the article, the principles of honesty and trustworthiness have been observed.

With the development of technology and human progress, invasion of privacy has increased. The Islamic Penal Code, the Code of Criminal Procedure, the Constitution, laws and regulations related to postal communications, telephone, press law and the Charter of Civil Rights are among the laws and regulations that sometimes implicitly and sometimes explicitly protect privacy.

The institution of postponing the issuance of verdicts is one of the effective institutions in order to reduce judicial proceedings. In the present study, an attempt has been made to address the principles and effects of the institution of postponement of sentencing in Iran.

The present study is qualitative and the method of writing the article is descriptive and analytical.

Criminal de-inflation, labeling and re-acceptance theories are the most important principles of sentencing. The protection of citizenship rights and social solidarity are among the most important social effects and consequences, and the realization of judicial security and the responsibility of the government are among the justice-oriented consequences of postponing the issuance of a sentence.

The present study is based on ethical principles.

Postponement of sentencing due to newness requires care and legal and judicial institutions should consider various conditions and criteria, including the offender having the conditions to benefit from this institution, judicial security, extrajudicial and justice-oriented Give.

The discussion of the moving from strict regulations is one of the neglected aspects of international law, which in this article tries to explain and analyze with emphasis on the Paris Convention on Climate Change.

This is a descriptive-analytical article using the library method to investigate the question.

In this article, the originality of the texts, honesty and trustworthiness have been observed.

In international law, we are witnessing a transition from hard law to soft law. This is especially true in the field of environmental issues. Soft rights have received increasing attention due to their flexibility and adaptability to conditions, the creation of conditions for broad government participation, and the reduction of their resistance to the implementation of directives. The mentioned features of soft law have caused it to have a high potential in international agreements and collective decisions, especially in the field of environmental issues.

The Paris Convention on Climate Change has created a number of commitments for developed, developing and small countries, the main focus of which is the rapid reduction of greenhouse gas emissions, which is in line with the goals of reaching the desired temperature. The binding nature of the Convention's rules, the mixing of environment and security, the voluntary commitments of members based on the cooperation and coexistence of governments, the development of dispute resolution mechanisms are the most important examples of the moving from hard law to soft law in the Climate Change Convention.

joint stock companies are considered as one of the most important commercial companies in terms of law and economics. In this article, an attempt has been made to examine the legal status of managers in Private limited companies from a jurisprudential perspective and in the light of commercial law.

This is a descriptive-analytical article using the library method to examine the question in question. Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness have been observed.

From a jurisprudential point of view, the theory of advocacy can not explain the position of managers in Private limited companies in commercial law. Private limited companies have their own legal personality, during which the shareholders are constantly changing.

In Private limited companies, managers are considered as one of the pillars of the company and part of the body of the company. Being a pillar theory has two aspects; One is in the relationship between the company and third parties, which indicates full authority for managers, and the other is in the relationship between managers and the company, which managers must act within the framework of the granted authority. The theory of Being a pillar governance for the company, which is useful for full authority for managers, has been accepted in Iranian commercial law.

Marine environmental indemnities is one of the important issues in guaranteeing the implementation of marine environmental protection. In this article, the compensation of marine environmental indemnities and the approach of the International Maritime Organization (IMO) in this field attempt has been to examine.

Thise article is Analytical descriptive and uses the library method.

In this article, Originality of texts, honesty and trusteeship Has been complied with.

The International Maritime Organization established the International Fund for Compensation for Indemnities to Oil Pollution, established a Liability and Compensation Mechanism for Compensation for the Transport of Dangerous and Toxic Substances, Compensation for Pollution from Ship Fuels, and P a number of measures to compensate for marine environmental indemnitiesick up and float sunken ships Has taken.

The International Maritime Organization in compensating for marine environmental indemnities by identifying some marine environmental threats and paving the way for the development and ratification of some international conventions and regulations, a positive role has played.but the fact is that On the other hand, the nature of marine environmental pollution challenges the issue of compensation to determine the exact amount of indemnities because sometimes it is not easy.

Education of human rights standards, including the UNESCO 2030 document as a human rights education document, is one of the most important issues related to human rights, which especially in Iran has been the subject of discussion. This article the challenges of not teaching human rights standards such as the 2030 document in Iran examines.

Thise article is Analytical descriptive and uses the library method.

In this article, Originality of texts, honesty and trusteeship Has been complied with.

the conflict between some human rights rules and jurisprudential standards is The most important challenge of human rights education in the Iranian legal. in matters such as equality and equality in inheritance, retribution, The teaching of human rights rules, including the 2030 UNESCO document, the right to divorce and testimony, is in conflict with jurisprudential standards and legal rules. Equality in jurisprudence and law refers to the natural differences in the creation of men and women, but the 2030 document equality between men and women emphasizes.

The right to bet as a mechanism to resolve the conflict of legal jurisprudential rules with human rights documents such as the 2030 document, but in many cases human rights documents do not want the right to bet and therefore teaching human rights as a universal rule practically means ignoring jurisprudential standards and rules of law It is internal.

Cyber-attacks are one of the most complex security concerns in modern times. Given the importance of this issue, the present study seeks to examine the situation of active governments in relation to cyber-attacks.

The present article is theoretical, research method, qualitative and descriptive and analytical.

In the present study, ethical principles such as scientific referral and based on respect for authors' rights have been considered.

Cyber-attacks as a harmful act, despite their widespread threats and high destructive power, are not prohibited according to international documents. Therefore, harmful actions caused by cyber threats are not prohibited, and this issue can be considered as a threat of such attacks.

The negative effects of a cyber-attack can affect other governments than the government against which the cyber-attack is designed. The fight against cyber-attacks and the damage caused by them must be organized in international law in line with the rights and interests of the affected country. Considering harmful cyber-attacks as war attacks is an international legal solution to eliminate the resulting threats.

Basically, the occurrence of disputes and lawsuits in the courts is one of the inevitable issues in the current world, and patents are more faced with this problem due to its diversity and complexity. Legislators from different countries support inventors with the aim of economic development and expanding international relations. In this regard, several conventions have taken a big step towards the realization of a unified system in the field of intellectual property by enacting laws on intellectual property rights.

This research is theoretical and its research method is descriptive-analytical and the data collection method is library.

In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Patent infringement, if it occurs under a contract or in a context other than the contract, causes the violator to be held liable.

In choosing the ruling law, the principle of free will is accepted by different legal systems and if the choice of law is not fulfilled by the parties to the dispute, the law of the country requesting protection in contractual obligations as well as in non-contractual obligations can be used as an international standard. To be accepted in patent claims. Judges of domestic courts can also rule in accordance with the rules of international conventions to which Iran has acceded.

One of the important issues of the principles of jurisprudence is the principles of theology and the principle of acceptance has a special place among these principles. In this article, Istehhab and its effects on civil law and the Islamic Penal Code with an approach to Imam Khomeini's views studes.

Thise article is Analytical descriptive and the library method uses.

In this article, Originality of texts, honesty and trusteeship Has been complied with.

The principle of istishab is valid as one of the accepted religious principles in jurisprudential sources and principles. Adoption of the word sahib means to accompany and accompany someone or to have something with you. And in the term of jurisprudence, it is the ruling on the survival of something that was certain and realized in the past and has been questioned in the present. From Imam Khomeini's point of view, istishab is a religious principle that has been established in order to preserve the fact that the former certainty is the way and the discoverer of it. According to the principles of the constitution, this principle can be invoked in the absence of a ruling.

In the issues related to civil law, including the issues of sale, cucumber and marriage, the principle of istishab has been used. In the Iranian Penal Code, istishab is the basis of many legal rulings, including the rulings on istishab of non-deprivation of liberty, immaturity, piety, infidelity and repentance.

The institution of adoption and its governing regulations is one of the important issues that have been considered by policy makers and legislators. The purpose of this study is to investigate the nature of the legal system governing adoption in Iran and the United States.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of the present study show that in the US legal system, the institution of adoption has been identified in four different situations. However, in the Iranian legal system, this institution is only predicted in a fixed state.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The multiplicity of the nature of the adoption legal system prevails in the United States, but in contrast to the adoption system, the nature of Iran is uniform in nature. As a result, in cases of ambiguity, in the Iranian legal system, this ambiguity must be resolved in the light of the principles and rules governing the public law environment. And in the United States legal system, ambiguities, depending on what instance of the institution of adoption is being discussed, may be resolved in the light of the principles of public or private law.

Tourists are victims of various crimes such as robbery, murder, rape, hostage taking and the like. This article the Iranian criminal law approach to the victimization of foreign tourists examines.

Thise article is Analytical descriptive and the library method uses.

 In this article, Originality of texts, honesty and trusteeship Has been complied with.

Iran's criminal policy to identify specific crimes of foreign tourists in the form of a differential system does not want. General Laws for the Protection of Victims In the Iranian legal system, foreign victims are governed by the courts, and the courts the basis of public laws in the event of a victimization of foreign tourists rule on. Financial and moral support, the right to be informed, the right to sue and the right to a court of law, and the protection of witnesses and informants are among the rights of victims in Iranian criminal law, foreign tourists also applies to injured.

The existing criminal laws are not sufficient to protect foreign tourists who are victims. Given the importance of foreign tourism, it is necessary to take a differential approach to protecting affected foreign tourists so that the process of processing cases is more expeditious and more deterrent punishments are developed. In the discussion of prevention, there are gaps such as the lack of tourism police, lack of reversal and preventive attitude of factors related to and stakeholders in foreign tourism

Justice requires that there be proportionality between the victim and the offender in order to apply the punishment. The purpose of this study is to analyze the purposes of similarity in retaliation in the light of Islamic sects.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of the present study show that the intentional approach has been accepted by default by Imami, Hanafi and Hanbali jurists regarding the similarity of retribution; While in this regard, the traditional approach has been accepted by Maliki and Shafi'i jurists.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In the light of the intentional approach, Imami, Hanafi and Hanbali jurists have ruled that there is no permission for similarity in retribution, but in the light of the traditional approach, Maliki and Shafi'i jurists believe in the permission of similarity in retribution.