نشریه حقوق تطبیقی (نامه مفید)
سال نهم شماره 1 (پیاپی 17، بهار و تابستان 1401)

Legal regulations have direct effect on economic sustainable development. No one can cast a shadow of doubt on the fact that foreign investments have also got such an effect. Even though foreign investment in Iran has risen more than 64% last year; these kinds of investments have not yet reached a desirable level.There are several impediments for the foreign investments such as political, social, economic and cultural factors, In these two legal systems there are some legal effective factors which are as follow:A: In Iranian legal system, accepting foreign investment is at the discretion of the governmental authorities,B: The scope of the area of investment in Turkey is broader than Iran which, in turn, has got its own effect in each of these countries.C: The rules related to the real estates, contrary to the Turkish legal system, are more rigid and less clear in Iranian Law.D: The tax and labor laws in Turkey are more favorable towards investors than Iran.E: Social and Civil liabilities of the practicing companies in both countries are more or less the same. Turkey is a member of more conventions related to human rights and social affairs. These ratifications give Turkey a relative chance to attract more foreign investments.These are the reasons according to which the foreign investments decide to invest in a country or not. This article proposes systems by which one can reduce the impediments and simultaneously motivate the foreigners and other investors toinvest safely inboth countries.

Emphasis on the population control program in the United Kingdom and the United States over the past decades, and as a result, increased use of contraception methods and failure of them, along with advances in assisted reproductive technologies and prenatal diagnosis, have led to litigations in the two countries' courts which are apparently aiming at supporting children's right to welfare.This paper has been tried by using documentary method to answer the main question what is children's lawsuits of welfare right and what criticisms bring to them? these types of suits are based on their own kind, petition on the part of children or their parents in courts, and the basis of this type of lawsuit is the conflict of the rights of parents, children, physicians and society, which, of course, includes serious criticisms such as inherent contradictions in these claims, conflict with the rules, the impossibility of assessing the damage in these cases, the failure to inflict harm on the child and the negative consequences. In Iran’s law, there are problems in several aspects of this lawsuit, such as ambiguity in the subject matter of the lawsuit and the reasons for the existence of the right and the serious conflict between the lawsuit and the rules of fairness and benevolence, custom and ethical rules and values.

Insolvency in the legal sense means that, the debtor, owing to the value of his assets and assets, he is not able to pay his debts at the maturity of the debt. In American law, the bank's rules and regulations for insolvency are different from the rules on corporations. In the case of banks, regulators do not expect the bank, based on what is common in corporates bankruptcy law, unable to pay its debts to declare it’s insolvency and declare it according to the standards provided by the law. Meanwhile, in Iran's law, according to the silence of the monetary and banking act of the country, the concept and criteria for the bankruptcy of traders and other legal entities are also applied for banks. But the Iranian legislator, considering the particular position of banks in the economy, should explain the concept of insolvency to banks in order to allow regulators to decide on bankruptcy before the bank is unable to pay off its debts.

Corporate groups are collections of independent mother and subsidiary companies that their performances as a single economic unit are controlled by a common source. One the one side, these companies in front of individuals economically appear as a single economic unit, for the fact that group members (subsidiary companies) work under the control and guidance of mother company in order to achieve collective goals and interests, and at the same time legally, each of these subsidiary companies has independent legal personality and its own rights and obligations.German law as the leading system in the field of corporate groups law, while accepting independent legal personality principle and limited liability rule, due to the governance and control that mother company has over the subsidiary with inadequate capital (inadequacy of capital) and disproportionate to company’s economic goals, knows mother company liable for payment of the debts and fulfillment of the obligations of subsidiary company to the third parties.

Respecting the freedom and protection of citizens' rights on the one hand and ensuring their security on the other hand is not an easy task, and it is more difficult to strike a balance between them when we face the possibility of terrorist crimes. One of the manifestations of the rights of individuals in this area is the right to freedom of movement and the prohibition of restricting it, without resorting to legal reasons by the police and other judicial officers. Under UK law, in cases where there is a normal suspicion of a terrorist offense, the legislature has given the police broad powers to stop, control and inspect suspects and their belongings; this authority can be exercised even in cases without normal suspicion. However, in Iranian law, the Code of Criminal Procedure does not use the term "suspicion of a crime" and does not provide a definition of it, and the criterion is whether the crime is obvious or a non-obvious one. The Code of Criminal Procedure also does not provide clear conditions and procedures for dealing with terrorist suspects. In this article, while examining the conditions and procedures necessary to stop and inspect terrorism suspects in British law and study the laws of this country, we will study the Iranian legal system and its strengths and weaknesses through a comparative study.

Arbitration Agreement grant an authority to arbitrator for resolving the dispute, but it does not eliminate the jurisdiction of the court. So that, if the action in relation to matters falling within the scope of the agreement commences in the court, it will be resolved, even though the arbitral process would have been initiated. To ensure the commitment of the parties to the arbitration agreement, in the Iranian International Commercial Arbitration Act, the USA Federal Arbitration Act, the UK Arbitration Act, the Uncitral Model Law on International Commercial Arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards an approach has been recognized, namely stay of legal proceedings, that is considered as indirect sanction for enforcement of the arbitration agreement. This remedy is established when jurisdiction of the court is demurred by the interested party seeking performance of the arbitration agreement; provided the validity of the arbitration agreement has been ascertained by the court. This remedy can be emerged in various orders including order of non-admissibility, order of decline jurisdiction and order of referring the parties to arbitration. The last order has better function than others because, without dismissing litigation, the dispute is referred to arbitration and, consequently, in addition to saving of time and cost, the court proceedings will continue if the arbitral process does not achieve the result.

One of the significant legislative functions is offering a clear definition of the limits and limits governing social behavior and relationships. This need is also felt in the field of advertising and comparative advertising. In the present article, after reviewing the European Union's directives, all domestic laws that have referred to this category have been examined. However, in domestic law, the adoption of comprehensive regulations that are symmetrical to the needs of the community in the field of advertising in general and the comparative advertising domain in peculiar inevitable, But until then, it is necessary to use general and specific rules to derive the essential principles. In the meanwhile, it can be believed that in domestic law, the most critical ban on comparative advertising is the unrealistic nature of the advertisements. The rest of the essential points in this area will be secured, by observing other general rules of law, such as good faith, compensation, legitimate competition, Rape of the rights of others. In the scope of the sanctions, different sanctions that may be have been ordered have been investigated. Unfortunately, in setting some of the materials, we see the disparity in this field.

Developing transboundary business relations doubles the significance of changing the attitude towards the problem of transboundary bankruptcy, questions such as the impact of parent business companies' bankruptcy on companies under their coverage or possession, and vice versa are among the most important questions regarding the issue of transboundary bankruptcy of the multinational companies. The answers to the above-mentioned questions in the national arena have been formulated in the positive laws of each country, but they are still ambiguous regarding the international and transnational contexts. This research has tried to answer the above mentioned questions by descriptive and analytical review of the existing rules and regulations and procedures of the courts regarding the case of transboundary bankruptcy. At last, it was found that it is not possible to examine the effects of the bankruptcy of any company on another company without probing features of transboundary bankruptcy and business characteristics of the multinational corporation's activities. Therefore, features of transboundary bankruptcy have been designed and examined in three legal, economic and political areas.

The right to remain silent and the necessity for the police to declare this right to the accused in Iranian criminal law has a function and a guarantee of execution. However, the waiver of the right to remain silent, its function and the guarantee of its implementation are vacuum in the Iran’s criminal law. This situation has the function and guarantee of execution in the United States’ criminal law and jurisprudence of its courts. In this sense, it is important to consider the two legal systems in order to answer the question, what is the function and guarantee of the defendant’s waiver of the right to remain silent? The findings of the study show that the silence of the accused during the police interrogation of him in any case means the exercise of the right to remain silent. However, the United States’ criminal law and jurisprudence make a distinction in this regard. If the accused is silent during the police interrogation, his silence means waiving the right to remain silent. Given that the accused is not in custody, his silence in the face of police interrogation does not mean exercising his right to remain silent. Therefore, in order to avoid this situation, accused must explicitly state that he wants to invoke his right to remain silent, even though police did not warn him to remain silent before start of interrogation. Otherwise, defendant’s silence means his waiver of right to remain silent and result is to his detriment at trial stage.

The interference of the interests of private individuals and the sovereignty of states in the field of international relations has led to the recognition of foreign court judgments relying on various doctrines on international relations, such as comity and reciprocity. The application of these doctrines makes the rights of private individuals dependent on the conduct and interaction of conflicting governments. Alternative theories have also failed to provide an accurate and unambiguous criterion for recognition of foreign judgments and persuading governments to amend their regulations. Conclusion of international treaties, albeit regional and bilateral, as the superior way to recognition of foreign judgments is the only way to establish legal stability, avoid double litigation, and prevent the issuance of conflicting judgments in today's divided world. In a world with a high level of cross-border communication, it is necessary that the judgments of the courts can be cross-border. But achieving this goal is possible only with the cooperation of governments, flexibility to foreign judgments and acceptance of commitment within certain frameworks.

Children are easy prey for all kinds of injuries due to their special physical and mental conditions. Some of them, like street children, in addition to the above conditions, are at greater risk of victimization and delinquency due to the dangerous situation around them. Governments therefore take protective policies towards these children with a different perspective. These include Algeria, Lebanon and Tunisia. Implementing and comparing their plans with the Iranian government further demonstrates the basis for some of the necessary reforms in the field of domestic legislation. The most important findings of this study are increasing the age of children to expand the protection of children against being on the streets, providing financial facilities and medical services to the child's family, criminalizing non-declaration of being on the streets, extending the responsibility of helping street children to citizens, etc. The present article has been done analytically-descriptively in two parts: pre-street support and post-street support.

Giving evidence plays an important role in proving offences in various criminal systems, but the validity of this evidence in the eyes of judicial authorities depends on the degree to which members of the community adhere to religious/moral principles, especially truthfulness. Accordingly, the criminal justice system must use mechanisms to combat perjury in a fair trial. In the Iranian criminal system, although perjury is provided as a Ta’ziri offense, its scope is limited to giving a false evidence before the court officials and there is no distinction between whether or not perjury is effective on the court judgement, or whether or not the witness benefits from giving a false evidence. But in the English and Welsh criminal system, perjury basically requires the witness to make a false statement that is material to the judicial proceeding; an approach that has sparked some disagreements as to the need for the statement to influence the fate of the case off in the decisions of English and Welsh courts. Therefore, the present article seeks to clarify the positive and negative aspects of the mentioned legal systems by a comparative method, and through this, to propose to the Iranian legislature some strategies such as aggravating the Ta’ziri punishment of perjury if it influences the decision of judicial authorities.