پژوهشنامه تطبیقی دادپیشگان
پیاپی 4 (بهار 1401)

Considering that most important legal systems have considered civil liability arising from land motor vehicles according to special laws and based on the theory of danger, the Iranian legal system has witnessed changes in this field for almost half a century until today. . Most of these developments are aimed at compensating the general victims of the victims who have been exposed to mechanical threats caused by these devices. Daily insurance scams have caused a lot of damage to insurance companies. Examining the pillars of insurance scams and ways to deal with it, insurance will help in the process of preventing the occurrence of these scams. By examining the elements of the crime of insurance fraud, it is found that the rules governing fraud in insurance fraud are also serious, and by resorting to the rules governing fraud, the provisions and conditions governing the crime of insurance fraud can be inferred. . It is worth mentioning that fraud in different types of insurance, including property insurance, persons, etc., is different, here we will examine fraud in car insurance. The important point is that in dealing with the above criminal phenomenon, only criminal measures are not effective. Rather, as a supplement, non-criminal measures can be used, such as increasing premiums and not concluding insurance contracts with perpetrators of such crimes.

Embezzlement is an intended crime which would result in financial fraud, especially in the country administrative system. In the past, committers of such act were punished as wrongdoers to a public fund, and they were punished under the title of “corruption at earth” in the Islamic criminal law. Of the global problems are offences and crimes of government employees and their financial abuses from deposited property to them. Embezzlement is a crime against public convenience. In all legal systems, they are fighting against it; also, in the Iranian law, the legislature has provided various rules and regulations for illegitimate property. This paper does assess awards and circumstances of Embezzlement in the Iranian law and also in the French, German and US legal systems. At the end, it has concluded that to tackle this evil phenomenon, contrary to their so much similarity, are not precisely compatible, but they differ substantively.But methods and circumstances in every country are depending on their common laws.

In the Iranian legal system, according to the explicitness of the legislator and the mention of legal principles in Articles 1 and 3 of the Code of Civil Procedure and the Revolution in civil matters, the source of the principles is proven and the courts have invoked various legal principles in many cases. According to Article 3 of the Code of Civil Procedure, courts are obliged to refer to valid Islamic sources, valid fatwas and legal principles that are not contrary to Islamic law, and issue a verdict in case of silence, defects, ambiguity and conflict of laws. Therefore, the role of legal principles in law is undeniable, and the unwrittenness of many of them has not diminished their mobility and impact, so that if we look carefully, we can trace the principles beyond the words of legal texts, court rulings, pure thought of legal sages. But let us see the legislator. But the conceptual ambiguity of the legal principles mentioned after Islamic sources and valid fatwas creates the illusion that the legal principles mean the practical principles in jurisprudence and also the conservatism of some judges, the Iranian judicial procedure from It has deprived the high role of this institution.

In December 2019, the global pandemic of corona virus out broke from Wuhan, China, falling the world into a serious health problem. The corona virus, as a special emergency, has had also numerous political consequences. The number infections and death toll from the virus is increasingly rising, and the circulating news and information concerning this virus can dramatically change human interactions and relationships. A good number of critics of the World Health Organization's performance argue that WHO has failed to manage global health in this period and has instead become a tool in the hands of China's political power and propaganda. As a result, some raised the possibility of suing against the wrongful acts of governments, including China. This article is to address the case of China, and to review the extent of which has been involved in this pandemic, and how remedy could be impeachable.

goal of this research ; Investigating the causes and roots of divorce, social harms resulting from divorce and strategies to prevent its occurrence. The present article has been done with a descriptive-analytical method, which has been done in a library manner and using electronic resources. With the passage of time and the prevailing conditions and changes in the society; Witness the normalization of divorce, an event that was reluctantly talked about until several years ago. But today it is so common that society and people look at it as a normal event, unaware that this phenomenon is to a detriment. It has become a society whose consequences on individual and social life have left an adverse effect along with the transformation of societies and its transformation from traditional to industrial, lifestyle change, urbanization, following new values and raising the level of education and. ... has caused the foundations of cohabitation to be shaken.

The autonomy principle in payment and guarantee instruments such as Letters of Credits, Demand Guarantees (Bank Guarantees), Bills, Promissory Notes and Cheques have become one of the inseparable characteristics, to the point that it constitutes the nature of these instruments. Most countries laws and international conventions have identified the principle in their rules. Autonomy principle increases payment certainty remarkably so that any excuse, exterior from payment relationship cannot block payment procedure. On the other side the execution of the principle in absolute and inflexible manner can cause issuer (The person who is responsible for payment) to be harmed where the beneficiary is not entitled to pay rightfully and fairly. One of the ways which could reduce the absoluteness of autonomy principle and make it flexible is possibility of predicting conditions which acts as a complementary for autonomy principle in different rules and reduces harmful and unfair consequences of absolute application of autonomy principle. By comparatively study the provisions of various payment and guarantee instruments, In this research, we are trying to consider that are cheques, as a common payment and guarantee instrument among people, possible to be issued with conditions or not.

Due to the fact that water is a part of public property and public property can be owned through possession, the question arises whether public water can be owned by individuals or not? According to the water law and its nationalization in 1347, the permitted water became one of the public properties managed by the government. According to the opinion of some lawyers, with the approval of the water nationalization law on 27/4/1347, articles 149 onwards of the civil law have been abolished and the issue of water ownership has been eliminated. Public property is considered the national wealth of a country and belongs to all generations. The economic value of these properties is primarily the cause of special protection and maintenance of these properties. In order to prevent encroachment of private persons on public property and to prevent the encroachment of the government and public persons on this property, several solutions such as the use of new technologies, strengthening of regulatory institutions, etc. are proposed. But one of the most important ways in this field is to provide legal solutions as a way to solve the root of the problems. In this research, jurisprudence and legal viewpoints in this field will be examined and solutions will be presented in order to solve the legal problems of public waters.