نشریه پژوهش های حقوقی میان رشته ای
پیاپی 8 (زمستان 1400)

International instruments have always been considered as a source of inspiration and a tool for amending laws, so that their accession and acceptance can have several effects on domestic law. Therefore, in this article, we seek to explain the effects of Iran's accession to the Madrid Agreement in relation to the registration of trademarks.

The type of research is theoretical and its research method is descriptive-analytical.
Ethical Considerations In this research, with the originality of the texts, honesty and trustworthiness have been observed.

Nowadays, issues related to property, especially in the intellectual field and issues related to the protection of these rights are of special importance, so that with the formation of intellectual property rights, support for a new part of property in components such as industrial property, inventions, Trademarks, industrial designs and literary and artistic works were made at national and international levels. In this regard, in the international arena of Iran, by joining the Madrid Agreement (1891) and the Protocol (1989), Madrid took a big step towards supporting this type of ownership. Thus, Iran formally accepted and complied with global trademark protection by accepting the rules of the Madrid Agreement.

Iran's membership in the Madrid Agreement has had formal and substantive effects on the manner of protection, the classification system, the prohibition of installing unrealistic signs and solving the problem of modernization of trademark information technology.

Offset is one of the ways to fulfill the obligation and consequently the fall of the obligation. In this article, an attempt has been made to introduce the position of offset as one of the methods of falling commitment in the set of principles of international commercial contracts of the Institute for the Equalization of Private Law in Rome and its concept, conditions and effects are explained by a comparative study of Iranian law and Imami jurisprudence.

This is a descriptive-analytical article using the library method to investigate the question.
Ethical Considerations In this research, with the originality of the texts, honesty and trustworthiness have been observed.

The results of the research indicate that in order to achieve purity in the principles of international trade agreements, it is necessary to observe formalities such as sending a notice. But in domestic law and jurisprudence, offset is achieved as a legal event without the need for formalities, as soon as the conditions are met.

In general, the rules of offset in the principles of international trade agreements are better coherence and strength.

Throughout history, waqfs, based on an accepted and desirable tradition, one or more people appointed as the trustee of the waqf, who took care of and managed the affairs of the endowment. Some of the duties and powers of the trustee were determined to some extent in the text of the endowment by the endowments. However, other powers and duties of the trustees of the endowment are important issues that should be pursued and explained in the fields of jurisprudence and law. The purpose of this research is to research and find jurisprudential and legal views on the limits of supervision - which is entrusted to the Endowment and Charity Organization.

This is a descriptive-analytical article.
Ethical Considerations All ethical considerations in writing this article have been observed.

According to the research, the trustee has the duty to maintain the endowments and their belongings. It is also obliged to rent the property that has been donated for the maintenance and restoration of the endowments at a fair price, and to convert the endowment property into a good one if it is depreciated. However, the appointment of the Imam of the congregation in mosques, according to most jurists, is beyond the authority of the trustee.

The trustee has no right to resign and can only hire a lawyer, provided the waqf does not stipulate her personal supervision.

This rule is one of the famous rules of jurisprudence that has been imposed in order to ensure the interests of society and prevent the chaos and instability of society and to organize the social and cultural conditions of the people.

This article is a descriptive-analytical one.
Ethical Considerations All ethical considerations in writing this article have been observed.

The implication of this rule is that whenever a person refuses to exercise the rights of others or performs his duties, the judge may force the committed to do so, but if a committed compulsion is not possible, the judge may do so as a committed deputy. Therefore, if the debte refuses to pay his debts, the creditor may demand the obligation of the ruler to pay the debt, in which case the judge will force the debt to pay the debt to prevent the inadmissibility of the debt. The sources of this jurisprudential rule are: Quran, hadiths, Reason, consensus, proportionality of judgment and subject matter, public interests and other jurisprudential rules such as La Zarar.

This rule is very important in the system of people's life and social relations, and its absence destroys the social order in the field of transactions and rulings of worship and social.

According to verses and hadiths, buying and selling impure objects is prohibited. Among these impure objects are the isolated organ of the living human body and the organs of the dead body. This article seeks to investigate the buying and selling (sale) of dead human organs in cases of rational purpose.

This article is a descriptive-analytical one.
Ethical Considerations All ethical considerations in writing this article have been observed.

By examining these texts, it was concluded that the reason for the prohibition of buying and selling dead organs was the inherent unclean body, its lack of financiality, and the type of its use in the past. Because some people used these organs to eat, therefore, it was forbidden to buy and sell organs for this purpose. Many Imami jurists have given a fatwa on the sanctity of buying and selling dead and living human organs. Nowadays, by change of the time and place and change in use of organs, which is for medical affairs, the goal is to save another human life. Therefore, the sale of organs will be expedient. Therefore, some jurists have proposed the theory of heba or organ gifts and by this contract, they have allowed the donation of human organs (living or dead).

It is permissible to buy and sell the human dead organs based on rationality and the rule of elimination of losses.