مجله تحقیقات حقوقی
پیاپی 100 (زمستان 1401)

Female citizenship is an issue that has undergone different transformations during various legislative eras, to the extent that it has ultimately achieved independence via citizenship unity system in which the woman's citizenship is considered the same as the husband's citizenship, marriage has no effect on female citizenship, and women are entitled to acknowledge their husbands' citizenship or to retain their original citizenship. As per the legal systems of Iran and the United Kingdom, it can be concluded that unlike the above-mentioned system, Iran still complies with the theory of unity of citizenship and endorses the relative independence of citizenship merely in some cases. In contrast, in the United Kingdom as a distinguished representative of the common law system, the theory of total independence of female citizenship has been recognized for many years and the marriage of women to foreign men does not automatically change the nationality of either spouse. Furthermore, concerning the transfer of citizenship to the children, mothers and fathers can equally transfer the right to their children. However, Iranian law does not recognize the possibility of transferring Iranian citizenship via Iranian mothers and only Iranian fathers are endowed with such privilege. More importantly, the civil code does not meet the requirements of the contemporary Iranian society and requires serious revisions in this regard. The problems arisen in recent years authenticates the urgent need for these reforms.

Non-governmental armed groups have always resorted to various innovations in order to balance their forces. Tunnels warfare are unique innovations that increase their military capability and double their ability to defeat enemies. The construction of tunnels in wars has always been attractive to users for their various applications, which has become a winning strategy. Since the global powers' intelligence and military capabilities have been enhanced, underground tunnels have emerged as an impenetrable haven for non-governmental armed groups, balancing unequal military forces on both sides. Inside underground structures, soldiers and military personnel can conduct military operations without identification and with minimal exposure to enemy surveillance and intelligence systems. But tunnels have not yet been the subject of any armed conflict law, and the legal status of it remains questionable. The main task of the research is to find a legal framework on underground warfare to reveal the unknown aspects of this warfare. The use of tunnels, despite its many legal challenges, seems to be a function of the general principles of international humanitarian law, which have distinct legal effects as a weapon or method of warfare.

Deconstruction, which brings to mind the name of Jacques Derrida, has a challenging relation with law and legal studies. Nevertheless, the belief in the obvious clarity of the legal text, and the concealment of the law-making violence, necessitates the deconstruction of the law, and requires consideration of this thought in legal theory. Discussions that have so far focused on the relation between deconstruction and legal studies can be divided into two general categories; The first category seeks to turn deconstruction into a technique of legal reasoning, and the other seeks to address its moral side. But merely establishing a relation between Derrida and law, if at the cost of eliminating the radical side of deconstruction and turning it into a method or moral advice, does not make much difference in status quo. Therefore, it is necessary to prevent the transformation of deconstruction in the mainstream legal theory, and to emphasize its intervening aspect. In doing so, one can seek to highlight the third and radical type of legal thinking relation with deconstruction. Accordingly, the present article, after examining the relationship between deconstruction and legal studies, seeks to critically analyze the types of legal theories influenced by Derrida's thinking with an analytical-critical method, and to emphasize the deconstruction of law as a movement which exposes and summons the hidden myths and silenced voices of law, and in this way, breaks the one and only logos of law and opens a way beyond it.

The basic material of any artificial intelligence is an algorithm that is given to it as a feed (input) and processes or products (output) are created or obtained from this algorithm. The main question is whether the algorithms used in artificial intelligence can be supported by copyright? A comparative study in the European Union and the United States of America shows that depending on the types and functions of the algorithms, they have originality and creativity, and the fact that they only have a technical dimension cannot negate their right to be protected under the copyright system. Iran's legislature is silent on such an issue Therefore, in this article, with an analytical-descriptive method and also using the experience of the countries of the European Union and the United States, we are trying to derive a rule based on which we can identify the algorithms that can be supported by copyright.

The selection of one or more models from the models in the field of criminal justice is based on culture, economics, education and similar factors and includes the welfare model, risk or risk management model, restorative justice model and minimum intervention model. In the General Penal Code of 1304, the minimum age of criminal responsibility was 12 years, and the model of minimum intervention of criminal law was the model of restorative justice, and in the case of important crimes, the model of criminal justice was considered by the legislator. In the laws of 1338 and 1352, the minimum age of criminal responsibility was reduced to 6 years and the model of criminal justice was the first priority. It is also in the laws of 1982 and 1996. The Islamic Penal Code of 1392, according to the importance of the crime and the age of the accused, chose the model of minimum intervention of criminal law, restorative justice and criminal justice in the field of ta'zir crimes. For other crimes, the model of criminal justice was chosen. However, Article 91 stipulates that the court can consider leather in certain cases or, in fact, punishment as ta'zir, and finally the juvenile delinquent can enjoy legal discounts under certain conditions.

Despite the extensive use of automated message systems, domestic and international laws are silent about explaining their legal situation, transactinal status and the way of compensation etc. there are different views and procedures among lawyers and courts which sometimes have made dilemmas. From the authors' point of view, the main reason for this conflict is the lack of accurate classification of automated message systems. To properly understand the nature and legal status of these systems, they must first be divided into four types in terms of performance. The first and second types are Reactive & limited memory systems, which have little degree of independence. The user of these systems plays a major role in concluding contracts, and he is responsible for the compensation of the system. The third type is Theory of Mind system that while perceiving benefit and loss and feeling emotions, acting like a real agent on behalf of original party at cyberspace. they must be held responsible for acting beyond the scope of their authority as a real defaulting agent. The systems of self-awareness, are a complete example of a system with the power to understand logic, emotions, needs, aspirations, and self-interest. Assets, legal personality, responsibility and basic rights for these systems are meaningful. Lawyers have suggested the insurance theory for compensating the responsibilities of these two systems. Despite the conflicting legal practices of the legal community, recognizing the legal dimensions of systems and responding to problems in the e-commerce world requires a distinction between their issues.

Countries with hydrocarbon resources, including Iran, typically prefer to break up their oil-rich areas into blocks and then assign each of them to contracting companies separately to benefit from their technical and financial capability. But nature is not easily in harmony with human agreements. this can be illustrated by the many examples of oil and gas field inconsistencies with pre-defined contractual boundaries. Hydrocarbon reserves may be located between two or more contract areas that, in the absence of necessary arrangements, a disastrous competition for extracting from the joint reservoir can be formed. But the question of how contractors of two or more separate contract areas can reduce costs by leaving competition and how they can cooperate to increase the ultimate efficiency of the reservoir are the subjects which unitization and unit operating agreements have been created to deal with them. The determination of the parties’ rights and obligations in this form of cooperation comes with some challenges due to lack of sufficient information about shared petroleum reservoir. Issue analyzing shows that contracts’ terms and conditions must provide possibility of redetermination of parties’ participation synced with project development. Through this why eventually each party achieves their fair participation.

The Prosecutor's Office, as the legal representative of society, plays an unparalleled role in the fight against transgressors. Therefore, it is always at the forefront of confrontation with public rights abusers, that some of them also may have power, which is usually more likely to be violated by the latter. The Prosecutor's Office is also one of the most important public institutions in fulfilling the rule of law and guaranteeing rights and freedoms. However, there is no unified view on the theories of separation on the status of this body in the subset of the three forces. There are three models foe this field: the structure of the executive branch, the structure of the judiciary and the independent prosecution. Each legal system, influenced by its political and historical status, has chosen one of these models, each of which has its strengths and weaknesses. The most important determinant or even limitation of these duties and powers of law is that all encounters, orders, and impediments must be within the framework of the rule of law. Therefore, we will examine the advantages and disadvantages of establishing a public prosecutor's office in each judicial or executive branch as well as an independent institution. The article concludes that the establishment of a prosecution office in the executive branch has more benefits and less damage.

The code of “implementation way of monetary convictions enacted in 1377” in a stringent policy imposed the assumption on debtor’s solvency except proving insolvency. In order to that policy, in all kinds of debts, this code sanctioned the detention against the debtor as he refused to pay off the debt. Pursuant to the aforementioned, the code of “family protection enacted in 1391” in its article 22 adjusted that regulation about dowry claim. According to this article only the demand for to amount of 110 golds or the amount of dowries that equals 110 golds was included by the general system of the code of 1377 and the amount of dowry that is upper than what was mentioned was excluded from that general system. Ratification of “I.W.O.M.C enacted in 1394” and the explicit revocation of “I.W.O.M.C enacted in 1377” institutes a new system. This new system consists of the segregation between the debts that are preceded by acquiring property and the preliminary debts. The new system has reversed the burden of proof about the recent kind, in a way that about this kind, it has imposed the assumption on the debtor’s insolvency. Also, about the preliminary debts, according to this code, the sanction of detention is providing the proof of debtor’s solvency. By the ratification of this new system, permanence of the particular provision that is embodied in article 22 of the code of 1377, became vague.

One of the most significant sources of Public International Law is the Peremptory Norms (jus cogens); According to Article 53 of the 1969 Vienna Convention: "the Peremptory Norm of General International Law is a norm accepted and recognized by the International Community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of General International Law having the same character." Nowadays, the Famous viewpoints of lawyers are that: Fundamental Human Rights became part of the Peremptory Norms of International Law (jus cogens). According to article 4, paragraph 2 of International Covenant on Civil and Political Rights, 1966 (ICCPR), Fundamental Human Rights are those rights, under any circumstances, States cannot violate or restrict them.This article explains the characteristics of both categories (Peremptory Norms of International Law and Fundamental Human Rights Norms) and makes it clear that the Peremptory Norms of International Law are changeable and can be modified by a subsequent norm of General International Law having the same character, contrary to the fundamental human rights. Therefore, the relation between these two categories of norms is kind of "Generality and peculiarity in some respect" Considering the characteristics of both of them, modifying the Fundamental Human Rights into Peremptory Norms are incompatible with the nature and essence of Fundamental Human Rights. Therefore, instead of putting Fundamental Human Rights in the position of Peremptory Norms, it would be better if they were seen as their immutability position.

One of the most widely used and common events in the society today is the agreements that have been made under the name of service companies between the weak classes as a workforce with the owners of capital, with different titles including partnership agreement or subject agreement. Article 10 of the Civil Code or the partnership contract is concluded;The activities of these companies are common in the society and they go to court to resolve disputes by resolving disputes. The question we will address in this article is what will happen to service companies? If he believes that such companies are in fact a mixture of companies and nobles in Imami jurisprudence considering the theory of the majority of jurists, he should consider their invalidity in such a way that the Shari'ah validates it by signing and not rejecting it. Has put the common operations in the custom of the society; While analyzing the views of jurists and jurists and judicial practice and while violating the views of jurists on the invalidity of Abdan Company, we believe in the validity of Abdan Company and service companies as one of its divisions without any reliance on other complementary contracts such as peace or advocacy. Been, under the headings of civil company contract with the subject of services or lease of persons for a certain period Or labor and employer contracts will be included.

Despite the passage of the Fifth Strategic Development Plan Law, the granting facilities for the check discount were allowed, However, the changes in the law of 2018 which came into force in 2021-being prohibition of bearer-check issuance, having the check registered in the system rather than endorsement and ambiguity in obtaining a guarantees-brought about a challenge.The possibility of transferring a check to the bank by means of an endorsement and obtaining a guarantee for it to achieve the purchase of debt to be challenged In this article, by analyzing different forms of check discount for related to purchasing debt facilities, the effects of such recent changes in check law in comparison with international conventions and regulations related to the check in the United Kingdom and the United States are examined and it is specified that the recent prohibitions and restrictions exist in other countries in various forms. Therefore, the recent changes does not decline of the collateral liability of the officials commercial document and not only it does not prevent the discounting of checks and the payment of debt purchase facilities ,but also it verifies the authenticity of the debt arising from the check and prevents fictitious transactions.

The Constitution, as one of the important concepts of legal knowledge, has two major historical periods. From ancient Greece and Rome to the late eighteen century can be called the traditional concept of the constitution and From the French and American revolutions onward, the modern era is constitutional. Since the concepts are not static and are changing, the modern meaning of the constitution has undergone many changes to date. This article seeks to answer the question of what steps the constitution has taken in modern era. Using descriptive-analytical method, this research tries to examine these important developments from the perspective of political and historical developments. The purpose of this article is to show the importance of historical and political developments in understanding the constitution and its conceptual developments. In this article, constitutional changes in the modern era are divided into six periods of the French-American Revolution, from the victory of these two revolutions to 1848, from 1848 to 1871, from 1871 to World War I, the interval between World Wars II and developments after World War II and An attempt has been made to show how these developments have changed the meaning of the constitution.

Organizing professional participatory performance with characteristic of representing government in proper governance system, it is place of conversation. There’s no doubt that notary is representative of government to perform Government sovereignty of document registration. Giving share of the power of sovereignty and permanent and ubiquitous supervision over notary public isn’t unreasonable. In participatory performance. There is fear of removing authority with veil of legal personality and creating negative attitude towards this sector. Solution can given by using the favor of comparative law and with correct organization of participatory performance. According to French participatory implementation experience, structures don’t break, but molds change. Legislature to organize participatory performance due to presence of partner, maintains public service and continuity and strengthens it by ensuring existence of legal personality. On one hand, discipline and arranged, assent and appointment, transfer and disconnection done under monitoring of government. On the other, despite legal personality and bond created between the partners in absence of one or more partners, company activity continues with sponsorship of other partners. Corporate disciplinary punishment is possible and rejection cases spread from one partner to another. Cause of dissolution must be reduced and regressive effect of invalidity disappears until complete Government sovereignty of document registration continuity and manifestations of good governance appear in the notary public.

National sovereignty is one of the fundamental concepts in modern legal-political thought. The Introduction of this concept into the Iranian intellectual atmosphere became the intersection of an extraordinary conflict between tradition and modernity. By considering this, the present paper has analyzed the problem how it has been the initial encounters with the concept of national sovereignty in the legal treatises (Rasael) of the Constitutional Revolution, and scrutinized its transformation concerning modern juridical-political thought. Aimed to achieve this goal, we tried to describe and analyze legal treatises, specifically the constitutional law treaties on national sovereignty in that era. The theme of national sovereignty was proposed in the pre-constitutional intellectual space (Mirza Malkom Khan, Mostashar al-Dowleh) and then appeared in post-constitutional legal treatises in the form of the national monarchy (Saltanat-e Melli) and became the standard conception.The concept of sovereignty was first realized under the influence of Jean Bodin's thought in the works of Zoka-ol-Molk (Mohammad Ali Foroughi) and Manṣur-al-Salṭana (Mostafa Adl); thus the instance of sovereignty was used instead of its concept. Then, in Rousseau's intellectual horizon, this concept became more profound. The conflict between monarchy and national sovereignty was revealed in the treatises of Ebrahim Khan-e Oveisi and Mir Emad-e Naghibzadeh. Finally, among the treaties, in terms of methodology, it is possible to identify a theoretical trend that, benefiting from the universal, is preoccupied with the local and aims to explain it.

The main axis affecting the reduction of crimes and targeting the determination and execution of punishment is paying attention to the education of individuals, which can guarantee the realization of the rehabilitation of convicts, bind the criminal justice system to criminal studies and make criminal institutions more effective. In the present article, through field study and its combination with theoretical studies, an attempt has been made to provide a proposed model for determining the indicators affecting the correction and rehabilitation of convicts to imprisonment or social punishments in the form of training courses from the perspective of related institutions. Punish. Given the need to reduce recidivism and achieve the goals of sentencing convicts to punishment, the fundamental question is what is the status of implementation of education-oriented rules governing sentencing and what indicators can restore the position of correction and treatment of education? The statistical population of the study consists of two spectrums of 80 experts and 100 convicts. The collection of library information was in the form of receipt and field, the data collection tool was a researcher-made questionnaire, and consisted of several indicators, data analysis was performed using SPSS software version 19 and the reliability of the research was Cronbach's alpha was confirmed above. They are also considered as systematization of punishment.

There are two structural models of criminal procedure in different countries; with and without barrier models. In with barrier model, the pre-trial investigator (prosecutor or investigation judge) has no authority to take legal action that conflicts with the right to privacy or the right to liberty and these actions are in the hands of another independent and neutral judicial authority who has not been engaged in Investigation and gathering evidence related to the crime. In this model, if the prosecutor or investigator deems it necessary to detain or enter someone's privacy, he or she, as an applicant, submits his or her application to the supervising judge. On the contrary , in the model without barrier, the investigation judge or prosecutor makes independent decisions in these cases, and, of course, the possibility of challenge against their decisions is not an example of judicial supervision. In International Criminal Court, the prosecutor is under the judicial supervision of pre-trial chamber, and detention or entering the privacy of individuals will be issued at the request of the prosecutor by this chamber. For this reason, this Court has based on the model with barrier. in Iran's criminal procedure, there has never been an impartial supervisor judge in the pre-trial investigation stage. This approach is far from fair trial standards, and using the International Criminal Court's trial model will be helpful in resolving the defects of Iranian crimainl procedure.