نشریه مطالعات فقه اقتصادی
سال چهارم شماره 3 (پیاپی 14، پاییز 1401)

The International Court of Justice is on the one hand the judicial authority of the International Court of Justice and on the other hand is one of the pillars of the macro structure of the United Nations which is always within the jurisdiction of various issues with numerous conflicts. The present study examines the effects of conflict between the pillars of the United Nations with an emphasis on the theories of the International Court of Justice.

In this article, a descriptive-analytical method was used. Legal texts and sources, including Persian and Latin sources, form a major part of the data of the present article.

Ethical considerations: 

The present article is the basis of ethical principles and rules in the field of using resources and accurate references.

In a systemic approach, the International Court of Justice should consider organizational goals in its decisions while performing its judicial duties. The precautionary procedure of the International Court of Justice in the face of decisions taken by the UN Security Council demonstrates the acceptance of the principle of the effectiveness of the United Nations in resolving important global issues.

Taking advantage of the idea of an interim vote, deciding on purely legal issues, and working with the Security Council on issues that affect the effectiveness of the United Nations play a role.

"Good governance" is one of the indicators used during economic development. An index presented by the World Bank and in recent years has attracted the attention of many economic analysts and even political economists in Iran.

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 six important indicators of good governance are: accountability and the right to express opinions; Rule of Law; quality of rules and regulations; efficiency of governmental effectiveness; Political stability; Corruption control.

Ethical Considerations:

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

Examining the figures published by the World Bank in the two components of "Efficiency of government effectiveness and "Quality of laws and regulations" of this model in the years of the government of Mr. Ahmadinejad (1385-1392) and Mr. Rouhani (1393-1398) shows that the mentioned variables have had a direct impact on the economic growth of the Islamic Republic of Iran. So that the improvement of these two indicators in the 11th government has improved the economic growth index in Iran.

The main purpose of the current study is to design a model and statistical analysis of the transportation index of dry bulk goods in the marine industry.

The results obtained in the qualitative part have shown that the indicator of transportation of bulk dry goods of the marine industry has been identified as the dependent variable. Seven variables were identified as explanatory variables. These variables are: world trade, OPEC oil price, shocks, inflation index in OECD member countries, world population growth, euro vs. dollar rate, world container output power index. Also, in the quantitative part, the obtained results show that at the confidence level of 90%, world trade volume, incoming shocks, inflation index, world population growth rate, world container output power index are related to the maritime industry bulk dry goods transportation index (BDI). It is negative and meaningful. While the price of OPEC crude oil has a positive and significant relationship.

In the sources of transportation information network in 2018, there are 4 models for estimating the shipping index of dry bulk goods of the maritime industry, and it is claimed that these models represent a good approximation of the transportation index of dry bulk goods of the maritime industry. In the present study, the designed model was compared with the mentioned models and it was found that the second model provided by the transportation information network and the designed model are better models than other models.

A dynamic tax system is a system whose collection is at a maximum, the cost of its collection is at a minimum and as simple, decisive and uninterpretable as possible. The purpose of the current research is to investigate the role of bank transactions in the effectiveness of the tax system and to reduce the gap between express taxes and diagnostic and definitive taxes of legal entities.

The research has been done to examine the tax files of automobile companies accepted in the Tehran Stock Exchange, which includes 28 sampled companies for 224 years of company in the period of fiscal years 2011-2018.

The results showed that 63% of the studied companies declared their declared tax amount to be zero and did not consider themselves entitled to pay the minimum tax, also 34% of the companies declared their declared tax to have a difference of more than 15% with the final tax or It was diagnosed by the tax organization and only 7% of the tax declared by the studied companies was accepted by the tax organization.

The current tax system is not capable of receiving rights by its own trick and lacks the necessary effectiveness, so that in case of tax collection based on bank transaction, the financial resources needed by the government will also be provided on time, while tax revenue is collected immediately.

Enforceable documents are designed to reduce the volume of court cases. The purpose of this study is to investigate the implementation of binding documents in the framework of formalism and pluralism of law.

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.

considering that notaries and marriage and divorce offices are one of the legal authorities in preparing official documents in relation to property, obligations and contracts of individuals, On the other hand, it is possible to implement the provisions and their meanings without referring to the courts, they can play an improving role in line with this goal.

Ethical Considerations:

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

The prevalence of postmodernism in societies has complicated the relations between the subjects of law, and as a result, the legislator cannot design and pass regulations based on the traditional order and division of legal titles and concepts.

The free flow of information faces challenges from two sides; The incompatibility of the right to free access to information with the right to own information, both of which are confirmed by human rights documents and international law and the effect of free dissemination of information on of "sovereignty" even though both are supported by international law.

This research is theoretical and based on descriptive-analytical method. The method of collecting information is library-based and by referring to documents, books and articles.

The upcoming research has firstly proven that the aforementioned incompatibility is not a conflict of rights, but rather a conflict in the enforcement position. Then, he has presented three solutions for the conflict between the right of "free access to information" and the right of "ownership of information".

Ethical Considerations: 

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

In order to solve the conflict between the right to "disseminate information" and "sovereignty", it is possible to combine the two theories of "technological determinism" and "social constructionism". Finally, none of the rights of "dissemination of information" and "sovereignty" are absolute, but the sovereignty of governments must be considered in the process of disseminating information, and human rights and humanitarian rights must be respected in the process of exercising sovereignty.

Context in jurisprudence is one of the topics of debate. In this paper, an attempt has been made to investigate the effects and applications of context (Siyaq) in jurisprudence.

This paper applies a descriptive-analytical design using the library method.

Ethical considerations:

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

The Findings indicate that context is one of the important methods to discover the meanings of words, especially in the verses of the Qur'an. The words of the Qur'an alone and separately from the sentences and verses have a special meaning, but a same word gets a special meaning when it is placed in the form of sentences. Lack of attention to the meaning of a word in preceding and following phrases and sentences is like removing one of the letters of the word, which distorts the meaning. And it can be used as one of the important rules in the development of the inference of Sharia rulings.

Paying attention to context leads us to understand other meanings beyond words and phrases because context is to take help from all the evidence surrounded by the text to discover the purpose of the speaker. It is for this reason that the jurists have always paid attention to it in their understanding and inference, and have sought help from it in their jurisprudential perceptions in an affirmative or privative manner.

Background and The right of every person to his own body and the limits of his authority is one of the important issues that is discussed in every legal system. The purpose of the current research is to examine intentional crime and wrongdoing against oneself in the framework of Imamiyyah and Sunni jurisprudence.
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.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
  According to religious teachings, the true ownership of the world and everything in it belongs to the Almighty And he is the supreme owner of the universe, which is interpreted as the highest level of ownership, and the lowest level of ownership is the credit ownership of individuals over objects outside of their nature, such as houses, cars, and other properties.
The perspective of the Qur'an, Qur'anic verses and traditions emphasize that self-indulgence, whether it is suicide or other killing, is absolutely considered a great sin and is forbidden. Whether this work is voluntary or in cases of emergency and necessity such as incurable diseases and so on.

Background and One of the most important and serious international crimes is the crime of territorial aggression, which the domestic courts of the countries are facing many challenges based on accepted legal principles. This research is of a theoretical type, the research method is descriptive and analytical, and the method of collecting information is library-based, and it was done by referring to documents, books, and articles.Ethical considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.  Despite the five forms of court jurisdiction, the domestic courts of the countries are able to deal with it under certain conditions, but in this regard, they face many obstacles and challenges, such as identifying the aggressor and being responsible for the issue of aggression and biological attacks. The failure of the domestic courts to successfully implement the jurisdiction over this crime is due to the existence of many obstacles and challenges.

Background and In Islam, special attention has been paid to the duty of Hajj and performing its rituals, and its jurisprudential examination is one of the most basic things that will help to understand the reason and obligation and ultimately establish it as magnificently as possible. Therefore, the purpose of this research is to investigate the jurisprudence of the obligatory Hajj ruling and the impact of performing Hajj on Muslims by relying on the verses, narrations and opinions of scholars.
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.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
  No obligation is determined by God unless it has personal and social effects for person. Among the social effects of Hajj; as follows: 1) Crystallization of the understanding of facts in the mirror of Hajj rituals; 2) full-view mirror of divine laws; 3) Visualizing a part of the story of creation; 4) Examining Hajj through Ijtihad.
In addition to the impact of Hajj on the soul and spirit of the oblige, this act has social implications that are recommended and mentioned in the Qur'an, the words of the Prophet (PBUH) and the Imams of Athar (PBUH).

Background and success is not possible without strategy and detailed planning in any field. A business that operates in the field of sales, in addition to strategic marketing planning, must also prepare a strategic sales plan for itself. The purpose of this current research is the strategic plan of selling the domestic product of leech breeding in knowledge-based companies. This research was carried out in the framework of a qualitative approach and using the foundation's data research method.
The data collection tool was semi-structured interviews, and in order to collect information, interviews were conducted with 20 experts, including university professors, experts and managers of knowledge-based companies in the field of medical leech production, using a targeted sampling method. The sampling method was non-probability and purposeful snowball method.
Ethical considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
  The findings of the research indicate the extraction of 387 open codes, 10 concepts and 6 categories, which in the form of a paradigm model include: causal conditions, central conditions, contextual conditions, intervention conditions, solution/interactive and finally the result which is the production of knowledge-based products.
A knowledge-based company is the most effective company in innovation and knowledge growth, which enables the production of knowledge-based products.

Background and In the past decades, people based on their struggles forced the governments to collect taxes and other sources of their income and how to spend it according to the standards of the law. 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.Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. In all political systems that are based on democracy; People, through their representatives in the parliament, approve the government's budget and supervise the way and how it is spent and the strict implementation of the budget law. In this regard, governments are responsible and answerable to people's representatives in parliament. In all political systems that are based on democracy, the people through their representatives in the parliament approve the government's budget and spend it on how and monitor the strict implementation of the budget law, and the governments are responsible and answerable to the people's representatives in the parliament.

Background and The presence of healthy competition in the market increases the efficiency of commercial operators and the expansion of innovation, which results in an increase in the quality of goods and a decrease in final prices. Therefore, the aim of the current research is to examine the executive and legal guarantees of consumer protection with regard to the relative potentials in the general rules of contracts.
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.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
  There is a special connection and solidarity between competition law and general contract rules, because the legislator has tried to limit the limits of the principle of freedom of wills and the principle of competence and validity of contracts in order to maintain public order, especially in the field of social and economic issues.
Guarantee of civil executions including the order to terminate, stop and not repeat any type of contract, agreement and understanding involving anti-competitive procedures, order to hand over shares or capital acquired illegally, order to cancel or require suspension of illegal mergers, order to Non-activity in a specific field or region is the requirement to comply with the minimum supply and price range in exclusive conditions, etc.

The family is the first and most important institution of society, which reinforces the common values of every society and the most important foundation for the protection and protection of those values. The purpose of this research is to investigate the deterioration of marriage due to the change of gender of the couple. 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. As a general rule, it can be stated that in contracts and legal acts where the type of gender has no effect on legal rights, gender change also has no legal effect. However, in contracts where the gender of the person is decisive, such as marriage, with the change of gender, it undergoes change and different rulings and effects follow.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The theory of Involuntary termination in gender change is correct and based on it, the marriage contract is valid from the time of conclusion until the time of gender change, and it is forcibly dissolved from the time of gender change.

Background & Substitution of a different obligation is one of the important issues of civil rights, whose legal nature has always been the subject of debate. In this paper, an attempt is made to investigate the legal nature of entity of substitution of a different obligation in Iranian and Canadian laws.On the other hand, it should be noted that substitution of a different obligation is a reciprocal contract. In Canadian law, the substitution of an obligation is referred to as a legal entity, and it refers to the substitution of an obligation with another obligation or the substitution of a person with a new person to create an agreement. In both Iranian law and Canadian law, acceptance of the responsibility of a new obligor and acceptance of a new contract is the most important effect of the substitution of a different obligation. This means that in the case of concluding a contract of substitution of a different obligation, if this contract causes the substitution of any of the parties to the contract, the primary effect of this contract is the emergence of a new responsibility for the new obligor against the obligee, which is the result of a new contract. Therefore, the requirement for the emergence of this responsibility is the acceptance of a new contract between each of the parties to the contract and a third party.

Background and The When there is fear of investing and buying, traditional marketing and sales methods will definitely not meet the needs of our society and company. In this situation, how should we proceed with the sales process, whether only the presence of a quality product or a durable structure will lead to purchase, are questions that are always there for mass producers and sales and marketing teams, They seek to know what are the factors affecting unit sales, how they interact, how they are prioritized and improved.
The statistical population included experts and experts knowledgeable about modern marketing communications. The sample size was considered with theoretical saturation (17 people). Purposive sampling was used to select the sample. The data collection tool was interview.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
The results of the Delphi technique showed that 12 variables are related to new marketing communications, which are: Social media marketing, modern marketing communication, emotional attachment to the brand, customer interaction, communication satisfaction, brand attitude, brand credibility, word-of-mouth communication, audience trust, communication commitment, purchase behavior and loyalty.
The obtained results showed that the criterion of interaction with the customer has the most influence and the criterion of communication satisfaction has a very high level of influence. Also, the results indicate that the criterion of communication satisfaction has the most interaction with other criteria studied.

Background and The relationship between litigants and judges is one of the basic issues in every legal system; The purpose of the present research is to investigate the interaction of litigants and judges in the legal system of Iran, France, England and the transnational civil procedure law. 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.Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The parties to a lawsuit and the judge move in a parallel cycle to advance the proceedings. If contrary to the traditional rules that assign an independent role to the parties and the judge, if it moves towards changing the approach to the process of proceedings and establishes a kind of bilateral cooperation and interaction between the judge and the litigants, it will be better to achieve the goals of civil proceedings and above all Justice was achieved. The interaction of litigants and judges in the transnational civil procedure and the laws of some progressive countries such as France and England have been explicitly mentioned; In Iranian law, it is possible to implicitly consider cases compatible with the theory of cooperation between the judge and litigants; As a result, in order to identify the interaction between the litigants and the judge, amendments can be applied in the Civil Procedure Law of Iran.

Background and Agriculture in Iran has a traditional structure and small exploitation units; As a result, it does not have the ability to provide the minimum food needed by the society. In order to reach a state where the country can export agricultural products and thus be on the path of economic growth and development, one should think about advanced agriculture with economic production. This goal cannot be achieved except by forming large production units and economic scale production units.
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.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
All kinds of agricultural activities including agriculture, animal husbandry, horticulture and industrial activities related to agriculture are carried out in traditional agricultural exploitation units. In today's peasant exploitation units, which are the remnants of the traditional agricultural system, the purpose of production, especially in agricultural and livestock products, is consumption and sale, and in horticultural products, sale and consumption.
Before the implementation of the Land Reforms Law, farmers cultivated on the owners' lands with contracts such as leases and leases or with the owner's permission And with their effort and activity, they devoted themselves to the development and revival of these lands, and following this activity, a right called the right of agricultural development was created for them. This right, which is known by different names, is considered one of the moral financial rights, and since this right is created as a result of the farmer's continuous and long possession of the owner's property, it is similar to the right of business and trade or the right of goodwill in commercial places. So that it can be considered as the right to acquire and be a farmer in arable lands.

Although the growth of economic enterprises leads to the development of a country's economy, the negative effects of their activities on the environment cannot be neglected. In addition, the unusual behavior of humans towards the environment cannot be ignored. The main cause of these behaviors is rooted in human self-interest, and this is despite the fact that in the Holy Qur'an, man is prohibited from these behaviors because he is the caliph on earth and the environment is in his hands.
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.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
In the Clean Air Law of 2016, in order to protect the environment, regulations such as the use of financial instruments and the beautification of cities have been approved. In the 2015 Chinese environmental law, measures such as the need to launch a campaign and consult with specialized lawyers have been identified.
In the legal system of both countries, despite the differences in the way of protecting the environment, similarities are also seen. Among other things, in both systems, attention has been paid to making the provisions of fines more efficient and updated.

The aim of the current research is to investigate the legal criminal policy of Iran regarding the prevention of the injury of environmentalists. 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 environmental proceedings, granting the necessary legal position to non-governmental organizations to "declare a crime", file a lawsuit, present evidence and documents to prove the crime, participate in all stages of the crime investigation, and finally "objection to the decisions of the courts", a major development. on the one hand, it solves one of the gaps in Iran's legal system, and on the other hand, it ensures the effective participation of these organizations in the implementation of environmental norms.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The result of the current research is the need to create a suitable platform for public participation in environmental protection in the form of non-governmental organizations; The realization of this participation requires free access to environmental information, the participation of the public in the decision-making process, decision-making, proceedings and environmental justice.

Ownership is one of the most important legal topics that is supported by the basic and ordinary laws of countries, the purpose of this research The basis of jurisprudence is the ownership of property by the executive order of Imam Khomeini.
The current article is descriptive and analytical and library method was used to collect data.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
In customary legal systems, confiscation is often a type of punishment, whether it is the main punishment or a supplementary punishment. But the confiscations that took place by order of Imam Khomeini are legal in nature. According to him, the truth of the confiscations is the return of public property to the treasury, or compensation and the like.
Imam Khomeini (RA) considered confiscation of property on the basis of jurisprudence and legal principles to be correct. He always considered confiscation to be permissible due to the usurpation of public property and looting of the treasury and debt to the nation, but he repeatedly confiscated legitimate property because of this. which is incompatible with Islamic standards, he did not consider it legitimate and finally, through a decree, he asked the authorities to seriously prevent the confiscation of legitimate property. According to him, the truth of the confiscations, the return of public property to the treasury, or compensation and the like is legitimate.

Proceedings, whether business or civil, consist of two parts: the principles and formalities of the proceedings, the formalities can be extracted from the text of the laws and it must be acknowledged that one of the bodies of the proceedings are these formalities, and compliance with these formalities is inevitable and mandatory. On the other hand, principles are distinct and separate from rituals and have general, permanent, abstract and valuable characteristics. The current research is of a theoretical type and is descriptive and analytical; Also, the collection of information is library-based and has been done by referring to documents, books and articles. The principles of civil procedure are initially designed to rule on lawsuits under normal conditions (no need to support one side of the lawsuit); While in the space of labor rights, the principle of protecting the worker prevails. The principle of equality is the cornerstone of the principles of civil proceedings; While this principle has been adjusted a lot in the atmosphere of worker-employer relations. The principles of procedure are the foundations that are considered binding in the legal system. Although there is a set of fundamental principles in civil procedure, if they are not followed, the procedure will not be fair, But sometimes, due to the special principles mentioned in the introduction of the labor procedure, the fundamental principles of fair proceedings are overshadowed and not observed as they should be.

Context and The principle of necessity is one of the most important rules and principles in the field of contracts. The question of this article is that how can the principle of necessity in international obligations and contracts be explained in the light of the principle of adherence to contracts in jurisprudence and law? The purpose of the article is to examine the mentioned question. This paper is descriptive and analytical method.Ethical considerations: In this paper, the originality of the texts, honesty and trustworthiness are respected. The principle of necessity is accepted in jurisprudence. The principle of keeping one's promise, the principle of companionship, and the foundation of wisdom are among the jurisprudential foundations of the principle of necessity. In the civil law, from the point of view of the general jurists, Article 190 of the civil law implies the principle of necessity. Determining the status of the contract or its possible effects, doubting the existence of the right of rescission and doubting the duration of the right of rescission are among the most important applications of the principle of necessity in civil law. In international contracts, the principle of necessity means the necessity of implementing and fulfilling assumed obligations. Therefore, this principle is not specific to the necessary contract, and the permissible contract must be implemented until it is terminated, and in a sense, it is mandatory for the subjects.

Prevention of corruption in political-legal systems is one of the important issues that has been the attention of writers and thinkers for a long time. One of the important solutions that has been noticed in recent years is moving towards a good governance model. Clarification of opinions and negotiations of legislative bodies, including the Islamic Council, the Council of Ministers, experts, the Supreme Council of the Cultural Revolution, etc., are among the indicators of good governance; Therefore, in the present study, the investigation of transparency in the legislative process will be discussed. 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 issue of the acceptability of laws in a society by its audience is one of the results and consequences of transparency in the legislative system. The more transparency is applied in the legislative process, the more the public will understand the concerns of the legislator.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. In fact, the common point of the aspects of transparency goes back to "prevention of corruption in the legal system". No matter how clear the text of the law is, there is practically no room for abuse of the law in the implementation phase. On the other hand, transparency in the process of approving laws and the actions of the representatives makes the aforementioned people exposed to public opinion and the resulting evaluations. As a result, practically, both aspects of transparency provide the means of strengthening each other's final goal.

The principle of independence with the special advantage that it has granted to commercial documents; He has provided the means for immediate payment regardless of the flaws in the basic contract in order to achieve some kind of certainty in business transactions. The purpose of the present research is to examine the defects of the warranty on demand in the American legal system. 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 American law, banks are prohibited from issuing guarantees according to the instructions of the Federal Reserve, and issuing guarantees is left to financial and credit institutions and insurance companies.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. American banks have started creating a new institution called guaranteed letters of credit. In this method, the principle of independence of the guaranteed letter of credit from the basic contract is specified.

The Court of Administrative Justice has been created following the example of the French Council of State to prevent the violation of the rights of senior citizens against the superior power of the government. The purpose of the present research is to establish and expand the powers of the court within the framework of citizenship rights. This research is of theoretical type and the research method is descriptive-analytical. All people can complain to this institution if they are dissatisfied with the decisions and approvals of the government and government institutions and consider it against the law or sharia and demand its cancellation And this has caused the government institution, especially the executive branch, to be careful in its decisions and actions and to try not to take a decision that is against the law and Sharia.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The approval of the note of Article 12 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 2012 has further limited the competences of the Court of Administrative Justice within the framework of Article 173 of the Constitution. Since the Administrative Court of Justice is the exclusive judicial authority for people's grievances against the government, the framework for guaranteeing citizen rights will also face challenges.

Background and In some cases, the occurrence of phenomena beyond the imagination and power of the parties makes the implementation of the contract impossible. In different legal systems, such a situation is justified by different institutions and theories. The purpose of this article is to investigate the effect of fundamental conditions in commercial contracts in Iranian jurisprudence and law and Canada law.
This paper is descriptive and analytical method.
Ethical considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected.
The impossibility of executing a contract, which is described by the theory of frustration in Canada law, has many similarities with the rule "when the execution of an obligation is impossible, that obligation is void" in jurisprudence and force majeure in civil law. in Iranian law, the effects of this situation are more diverse, in such a way that depending on the subject, it may be forced dissolution or Voluntary liquidation or suspension and even the right to terminate.
The results showed Although the result of the impossibility of executing the contract ultimately provides the reasons for the obligee's exemption, but in terms of the basis and justification of the obligee's acquittal, the two systems have different bases. Despite some differences in the concepts and expressions, the results of the impossibility of contract execution in both systems based on the release and acquittal of the obligee are similar.

Civil liability is one of the most important issues in the world of law, which has a special place for legal and natural persons, as well as governmental and non-governmental entities. The purpose of this research is to investigate the effects of government civil responsibility in Iran's legal system.
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 research show that previously, the principle of the necessity of compensating damages existed only in relation to the actions of the government but currently, the aforementioned principle can be applied both to the acts of sovereignty and to the acts of the government.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Despite the fact that there is a principle of the necessity of compensating damages in relation to governance and management practices, but the effects of this principle are different in the aforementioned fields. In the field of entrepreneurship, the principle is to restore the previous situation; While in the sphere of sovereignty, the principle is on the payment of compensation.

Women should enjoy their human rights without discrimination based on gender and race, Therefore, in various international documents, governments are committed to such a responsibility to amend misogynist laws that deprive women of their basic and inherent rights by creating new laws to protect women. The purpose of the current research is to examine international obligations regarding the prohibition of violence against women; From the point of view of obligation of means or obligation of result.
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.
Many international commissions and institutions, as well as numerous international documents and conventions have been established in this field to protect women, all of which indicate that violence against women is a serious and global human rights problem.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
The obligations that governments have in the field of eradicating violence against women is an obligation by means; In this context, governments should take appropriate measures and solutions to have effective and beneficial effects on the status of women, and the output will show that violence and its causes have decreased.

The purpose of this article is to examine the identification of international commercial arbitration awards in Iranian law and the New York Convention.
This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical considerations: In the present paper, the originality of the text, honesty and trustworthiness are respected.
The findings showed that in Iranian arbitration law, the conditions of recognition of arbitration opinions have not been addressed and the legislator has remained silent in this regard. In the New York Arbitration Convention, the conditions for recognition of the arbitration award have been specified, according to which there is no need to go to the court of the country where the arbitration is performed. In Iran's arbitration law, there are obstacles to recognition and implementation of arbitration, which are similar to the terms of the New York Arbitration Convention in cases such as public order, existence of arbitration agreement, fair trial, performance of arbitration formalities, and non-derogation of arbitrator's powers of arbitration. However, some of these mentioned obstacles, such as public order in Iran's laws, have been faced with problems and are different from what is mentioned under the title of public order in the New York Convention.

One of the basic problems and problems in the criminal justice system in Iran and other countries is the issue of delaying the proceedings. It is necessary to clarify the extent of its effect on criminal law by examining the issue of delay in proceedings. The purpose of this article is to investigate the causes of delay in criminal proceedings and provide solutions. The question of the article can be asked in this way: What are the causes of delay in criminal proceedings and what are the solutions to solve it? The upcoming article is descriptive and analytical, and the library method was used to examine the mentioned question. 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 indicate that a set of human, structural and legal factors cause the delay of criminal proceedings. The level of knowledge and expertise of judges, the low number of judges and numerous criminal titles, the role of justice officers, administrative staff, the multiplicity and ambiguity in laws and litigants are some of the most important reasons.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. At the same time, adopting the policy of decriminalization and crime prevention reduces the volume of cases and thus reduces the delay of proceedings. In addition, mandatory representation in criminal cases, more use of new technologies, provision of required expert human resources and the use of methods such as arbitration play an important role in reducing the delay of criminal proceedings.

Cont ext and In this paper, an attempt has been made to investigate the transfer and nature of Anfal in Iranian jurisprudence and law.
This paper is descriptive and analytical and library method is used.
Ethical considerations: In this paper, the originality of the texts, honesty and trustworthiness are observed.
The findings indicate that in Imamiyyah jurisprudence, natural gifts, such as fertile lands and forests are considered as Anfal. Anfal or God-given wealth is one of the public wealth of the Islamic society, which is not the private property of any one of the people and has no specific owner. It is obtained from numerous narrations that during the presence of the Prophet (PBUH), Anfal belonged to the Prophet and the Infallible Imams (PBUH) and they used it wherever they thought it expedient. Anfal is the position of Imamat and leadership of the Prophet and Imam (AS), not their personal property, and therefore it is given to them, who are responsible for the guidance and leadership of the Ummah.
The sale of Anfal is prohibited and only by the Islamic government, it may be provided under the conditions of temporary and definitive transfer in the form of processes, such as privatization. This means that first the various examples of Anfal are defined in the form of government property and according to the existing standards, then it should be handed over to private individuals in the form of privatization.

The purpose of this research is to on what basis the other party or a third party may be required to provide evidence in favor of another. Concerns about discovering the truth and the need to observe good faith in proceedings require that litigants and even third parties be required to provide evidence in favor of another.   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 order to be successful in litigation, it is necessary to identify and prove the relevant issues; That's why the ways to access evidence are so important. The mechanism of discovery and disclosure may be effective in proving the subject matter;Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The research results show that either party to the dispute may request the disclosure of documents and any other evidences related to the dispute from the other party or third parties, while in litigation it is the responsibility of the litigants to propose relevant facts and the claimant is responsible for proving these matters

The purpose of this article is to review and study the rules of civil procedure (formal and substantive aspects) in Iranian law with a comparative view of England.
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 indicate that in English law, the principle of formality of civil proceedings is a set of ceremonies and rituals that must be followed in order to achieve the result expected from the proceedings. In English law, according to the principle of dominance of the parties in civil proceedings, the court does not have jurisdiction to hear, unless each of the litigants Ask it to take such action in accordance with the legal conditions.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
With a comparative study, we reached these results that in civil procedure In England, principles and strategies are implemented whose basis can only be analyzed in the form of the principle of predictability of civil proceedings. These works are a guarantee of fair civil proceedings and usually their realization in practice shows the real commitment of the judicial system to strategic principles.

any national or international organization is the resolution of related disputes. With regard to the International Intellectual Property Organization (WIPO), the issue of how effective arbitration is in resolving disputes of this organization is also important today.
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 a general view, the reasons for referring to arbitration, including low cost, ease, maintaining confidentiality, specialization, speed, etc., as well as the reasons for using this institution in the field of intellectual property, are important and in this way, it can be had proper justifications for using this mechanism in resolving disputes about WIPO.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Today, many prefer to choose WIPO's arbitration rules over other costly court and lawsuit methods, and hence the rules and regulations of written proceedings in this area have been created.

The Bonded Goods is legal situation of the commercial goods which is purchased with the cash or credit of bank and is pawned in beneficiary of bank behalf to security the repayment of customer's debt or good performance of his obligations, and that is different from mortgage. The main problem is challenges arising from conservation the goods in private warehouse; because endorsing the private warehouse receipt will be weak security. Background on the scope of bonded goods has no specific research. Ambiguity in the legal nature of bonded goods and differences between the bank and customer and different perceptions of this kind of pledge, made it necessity to conduct research. The objectives of this study are to prevent dispute between bank and customer and reduce the claims.
These are descriptive article so that analysis of the subject and resolving the issue are done with theoretical reasoning.
Ethical consideration: in this article, the authenticity of the texts, honesty and trustworthiness are observed.
The separation between the legal foundations of civil security and commercial security so that possibility of pledging the commercial goods near the private warehouse by including the trusteeship clause, to compensate for the weakness of the security of the bonded goods in the presumption of the problem, is an aspect of innovation and research findings.
The result of research indicates that legal nature of the bonded goods in Iranian law is special pledge that based on the principles of commercial security and in English law it’s nature is often considered equitable mortgage.
Keyword: Security, Pledge, Facility Contracts, Promissory Contracts, Goods in Bond.

The purpose of this research was to model marketing strategies related to technology-oriented products of technology-oriented companies in Tehran Science and Technology Park.
The current research is a descriptive research of the correlation type and is in the category of applied research. The socio-statistics of this study was introduced by managers and senior experts of selected companies active in Tehran's Alam and Favari Park, which is more than 290 people. To estimate the sample size, 70 people were determined by multi-stage cluster method and Cochran's formula. In order to collect data, a researcher-made questionnaire was used, which validity was confirmed by experts' opinions and reliability by Cronbach's alpha. In order to analyze the data, structural equation method and PLS software were used.
Ethical considerations: In all stages of writing the article, while respecting the originality of the texts, honesty and trustworthiness have been observed
Technology-oriented companies should pay attention to increasing their market share and profitability by considering the possibility of entering international markets.
The results showed that marketing trends have a positive effect on performance in technology-oriented companies of Tehran Science and Technology Park. The international marketing strategy has a positive effect on the performance of technology companies in Tehran Science and Technology Park. Marketing trends have a positive effect on the company's international marketing strategy in technology-oriented companies of Tehran Science and Technology Park. The company's international marketing experiences have a positive effect on the company's international marketing strategy in technology-oriented companies of Tehran Science and Technology Park. The company's international marketing experiences have a positive effect on the performance of technology-oriented companies in Tehran Science and Technology Park.

The implementation of justice is considered the main goal in any legal-political system. The administration of justice in various fields, both criminal and non-criminal, has special manifestations, effects and rulings. In the criminal field, the discovery of the crime and the trial process are also very important.
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.
Crime discovery is the first and most basic issue in the process of criminal proceedings and achieving criminal justice. In fact, this stage is considered the cornerstone of the next stages and directly creates many diverse works. The stage of crime detection, like other stages of criminal justice, has certain basic principles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
The findings of the research are that although Iran's laws have specified many of these principles; However, there are gaps in some principles such as the right to choose a lawyer and the legality of obtaining evidence in the Criminal Procedure Law.

The permission of a woman to leave the house is one of the controversial topics. The most important concern and question that we are trying to solve is the jurisprudence foundations of which of the jurisprudences in question seems to be more compatible in the modern lifestyle?
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.
Imam Khomeini believes that a woman does not have the absolute right to leave the house without her husband's permission. Khoei considers the outlet that conflicts with the man's right to sexual enjoyment and exploitation to be subject to the husband's permission. Tabatabai Yazdi and Hakim did not say anything about the prohibition of women leaving the house without the husband's permission, and instead prohibited women from traveling without the husband's permission.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
The interpretations of the jurists show that only the output that conflicts with the spouse's right to enjoyment is haram. The result of this research is that the basis and jurisprudence of Khoui is more compatible with the requirements and needs of the present age and shows more dynamic jurisprudence.

In Iranian law and the jurisprudence of Islamic Khamsa religions, there are various topics regarding the right of termination, and there are many differences of opinion and ambiguities in this regard. There are many questions in this regard. In this research, an attempt is made to analyze the descriptive and analytical method with regard to the divisibility of the right to terminate the contract, the rights of the contracting parties in case of non-performance of a part of the contract or its contrary and unreasonable performance, as well as in the case of having multiple rights or inheriting the right of termination, in the law Iran's civil society and Islamic religions should be examined.
This research is of a theoretical type, the research method is descriptive and analytical, and the method of collecting information is library-based, and it was done by referring to documents, books and articles. In this research, in addition to descriptive, comparative and inferential answers to the above questions and other cases, also in cases where there is ambiguity through explanation, inference, analysis, reasoning and use of legal and jurisprudential rules and regulations and the spirit of the laws, the ruling of that statement becomes.
According to the general principle of faithfulness to the promise and the execution of the contract, the full implementation of the obligation intended by the legislator and the violation of the contract or the failure to fulfill its provisions are accompanied by the application of guarantees that are included in the text of the law and lead to compensation for damages, the efforts of all legal systems, including Iran and Egypt want to implement the contract as much as possible.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
In the case of invalidity or termination, the breach of the contract only applies to that part of the contract, and the rest of the contract and the entire contract remain valid and valid, unless the violation of a part of the contract causes a fundamental violation, in which case there is a right to terminate the entire contract.

The purpose of the present research is to compare the provisions, effects and rulings of the termination and dismissal of the contractor, and to review and suggest the necessary solutions to modify their provisions. 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 plans and construction projects of each country can be considered as one of the indicators of the growth of excellence and economic prosperity of that group. For the implementation of projects in Iran and even the Ministry of Oil, a document called Peyman is used, which has several components. One of these components is the general terms of the contract, which is placed next to the private terms.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Previously, the guarantee of the contractor's violation was included in the set of general conditions of the contract, termination. which consequently includes special rules and works for itself. But currently, according to Article 3, Clause B, Part 6 of the Ministry's Powers and Duties Law, agreements, appendices, general conditions, private conditions of contracts for the supply of goods and construction equipment and installation in the downstream oil and gas field, guarantee of execution from termination Changed to dismissal.

Background and Centralization and non-centralization are two major approaches in managing ethnic diversity in the eyes of international documents and domestic laws of countries. The current research aims to investigate the position of decentralization policies in the economic development of ethnic groups in Iran according to international documents.
The method of this article is descriptive and analytical, which was done with library tools and referring to related documents, books and articles.
Ethical considerations: In writing this article, ethical principles have been taken into consideration in referencing and using sources.
An effective solution for benefiting from the decentralization approach for the economic development of ethnic areas, changing the administrative structure of the country, involving ethnic groups in the administration of economic affairs, creating ethnic interest and implementing the principles of 100 to 107 of the Constitution and the Eye document. In connection with the lack of centralization, the idea is to benefit from the capacities and economic resources of the ethnic areas and entrust the affairs to the local administrators.
Economic development is a multifaceted matter and if it is possible to effectively involve the ethnic and border regions of the country by referring to international and upstream documents, including the lack of concentration and granting of powers or participation in administrative and economic affairs and policy making. Economic development will be possible by focusing on political and administrative solutions.

Nowadays media play an important role in Community. Media literacy Candefine Various roles for citizenship rights. The aim of present Study is to Consider the status of media literacy in ensuring citizenship rights.
The research method is descriptive and analytical. For data collection Visiting the library and using books and articles have been considered.
Ethical considerations: Honesty and trustworthiness have been observed in all stages of writry the article while respecting the principle of texts originality: According to the third principle of the constitution, the government is required to take advantage of the facilities to raise the level of public awareness through the appropriate use of media. The rights of citizens, under the influence of media literacy leads to Seeking democracy, fighting against Cultural invoision, Social justice and enlightenment.
Media literacy deals with the awareness to use media. Therefore, media literacy leads to Citizens engagement in Society, citizenship rights (awareness-raising) and responsibilities the formation of critical thinking, legal discourse, and democracy. Thus human requires the promotion and dissemination of media litracy.

One of the controversial and challenging issues in jurisprudence and doctrine is the transfer or non-transfer of the right to evict the tenant, which was created during the ownership of the former owner, to the new owner. Considering the significant financial aspects of this right, determining the duty regarding this issue is very important. The current research is of a theoretical type and its method is descriptive and analytical; The tool for collecting information is library-based and by referring to documents, books and articles. both general approaches of transferring and not transferring the right to eviction can be identified with different arguments in judicial opinions and legal writings.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The right to vacate is not one of the rights that can be transferred along with the property, and vicegerent does not have an example in it, so the transferee as a special vicegerent will not be able to invoke the right to vacate created during the time of the former owner.

From a legal point of view, the word minority includes those human groups that are usually in marginal positions and conditions from a legal, political, cultural and economic point of view. The purpose of this research is to analyze and explain the rights of religious minorities in the international law system, the constitution of Iran and Malaysia.
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 concept of religious minorities in the international law system and the domestic law systems of countries does not have a single definition; This issue is the main source of existing differences of opinion.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
In Iran, with the recognition of the Shia religion in Article 12 of the Constitution, the rights of religious minorities should be recognized in the Constitution and these religions should be respected. Regarding the rights of religious minorities in Malaysia, considering the secularity of the political system of Malaysia the phrase "Islam is the official religion of the Federation" does not have any legal effect beyond the sending of participants to any religious ceremonies that perform their rites in accordance with Muslim religious ceremonies at the federal level.