نشریه مطالعات حقوق تطبیقی معاصر
پیاپی 28 (پاییز 1401)

Having a healthy environment is the right of every human being and efforts should be made to preserve it. To protect the environment there was a need for rules and regulations. Also, culture and education can protect the environment by increasing awareness. The most basic method is to respect the environment and respect environmental rights, which due to the complexity of this issue requires training in environmental issues. Given the importance of environmental issues in today's world, the present study intends to address the position of environmental law education and information in Iranian law and international documents. The research method was descriptive-analytical and the required information was collected through the study of international and domestic documents. The findings of the current study show that the issue of environmental education in international documents has been duly considered while this issue has been neglected in Iranian law. Although in the form of practice, brief trainings such as advertising and information, as well as elementary books, etc. are observed, the importance of environmental rights is beyond this level of attention.

The General Axioms are among the most important and reliable sources in branch of any human knowledge, including legal understanding. These could serve interpreters as roadmaps. Criminal law is not an exception. The axioms in criminal law systems are a collection of benchmarks by which to interpret rules and regulations. In some fields, such as international law, making use of legal axioms is more common due to the lack of relevant rules and systematized regulations. These could be considered as extra judicial concepts handed down to us from the previous generations, so much so that today they are regarded as legal axioms without ever being required to be demonstrated as such. While systematizing rules and regulations law makers are expected to take such axioms as binding. Despite this legal axioms as main sources of legislature are not relied on as they should be in criminal cases; axioms which are of universal value for international community. The present research article, intends to answer a number of questions such as nature of axioms, their referents, their differences with concepts such as common sense, ethical procedures, their position in legal hierarchy, their use in legal prosecution, etc. methodologically, the paper follows a theoretical descriptive – analytical approach with a focus on library resources.

Criminal fault is the mens rea of unintentional offences while legislation policy and judicial procedure of Iran present a different picture of its nature and function. The author attempts to identify criminal fault in Iranian criminal law. To do so, an analytic–descriptive method has been adopted to compare the criminal fault in Iran with dimensions of negligence in British law. To answer this question, articles 616 and 714 and ss of article 145 that refer to the conduct aspect and actus reus role of criminal fault were studied. This approach diverts from the basic function criminal fault as mens rea of unintentional offences and matches with concept and function of civil negligence in England. Highlighting this conflict as an innovation in this research, this study outlines the conditions which give rise to the existing conflict and recovering the basic function of criminal fault.

Privacy is the right to be alone, to live with your own taste and with the least interference from others. This right arises from the human’s dignity and personality rights and any violation is unlawful and forbidden. Due to the vulnerability of children and their immaturity, protecting children's privacy has become one of the most contentious issues in the field of legal policy making. In this research, the author has tried to analyze the commonalities and differences between the child’s privacy in Islam and the international system through considering the relative nature of privacy. Convention on the Rights of the Child, which is the most obvious manifestation of the consensus of the international community will in support of the rights of the child, has been used as the international reference for this comparison, and it has been revealed that many examples of child privacy addressed in international instruments have been considered and emphasized by Islam in advance. And although [these international norms] are in some cases incompatible with Islamic law, since they are left to the domestic laws of countries, they are flexible or have been suggested suitable alternatives that are compatible with Islam.

Due to the development of e-commerce and performing a large part of the activities of people in cyberspace, today online dispute resolution methods have been able to find an acceptable position. The determination of seat is one of the ambiguities about online dispute resolution methods. In principle, many important issues in the hearings process are decided by reference to the legal provisions of the seat of dispute resolution, but due to the lack of relevant locations in the online dispute resolution methods, determination method of the seat of the dispute is questionable. The present study has examined the following issues as follows: "Delocalization approach in online dispute resolution methods", "The determination of seat in online mediation", "The determination of seat in online arbitration" and "The determination of seat in online negotiation". Finally, the present article concludes that according to the principle of delocalization, if the seat is chosen by the parties in the online dispute resolution, the same intention of parties is valid and final. In the case of non-selection of the seat by the parties, in online arbitration, the criteria of legal relevance of the seat, the applicable formal law and the competent court can be used to determine the seat, but in online mediation and online negotiation due to lack of legal effect, it is not necessary to determine the seat of online dispute resolution.

The anticipatory ownership was treated as juridical institution and was treated as alternative of ownership. Despite the disagreement that was seen on its nature, it’s possible to know the institution as appropriate cause. Sometimes the appropriation cause is a right like pre-emption and sometimes is a contract that creates the cause of ownership and gain of ownership suspend after conclusion of contract. There is any doubt for the possibility of legal conveyance. But, for voluntary transfer it is necessary to study each applicability in its special terms. Also, it is possible to  imagine usurpation and destruction of anticipatory ownerships object in terms of non-contractual obligations. This study draws on analytical – descriptive methods.

The legal nature of the funds paid to the legal heirs of the deceased employee in accordance with the regulations, in terms of not considering them as part of the deceased's estate and consequently excluding the provisions related to inheritance or considering them as part of the deceased's estate and consequently following the inheritance rules and the effects on it are debatable in terms of the ability to seize against the debt of the deceased employee. In this article, the answer to the question of which of the funds paid to the survivors of the deceased employee is not inherently part of the estate and is excluded from the provisions related to inheritance and according to the rules, equally or as predicted belongs to the eligible survivors of the deceased and which of them is inherently part the deceased's estate and divided according to the rules of inheritance, is expressed. Research findings show that part of the payments to the survivors of the deceased employee, such as salary, end of service reward and life insurance, which is not part of the deceased employee's estate is excluded from the provisions related to inheritance and according to the relevant laws, equally belongs to the surviving eligible survivors. Part of the payments, like the funds related to the financial demands of the employee during his / her service and life, includes overtime, incentive funds, productivity rewards, mission fee and reserved leave of absence funds, is inherently estate and subject to special inheritance provisions. This issue is examined in the present article using library and documentary sources and by descriptive and analytical methods.

The issue of pretense in jurisprudential and religious principles has been mentioned in its own form and in the line of hypocrisy, as an unacceptable feature in both the Qur'an and the hadiths. What has been explained as the ultimate goal in this study is the issues arising from the generalization and spread of pretense in the same jurisprudential and religious form in legislation and the criminal dimensions. The results of this descriptive-analytic study indicate that the influence of pretense in laws and its reflection in criminal cases has faced challenges, although this challenge and interference has emerged more in the field of criminal law than civil law; in civil law there is more connection between jurisprudence and sharia with legal principles, and examples such as pretending in the form of cheating in marriage and transactions are less difficult, but in the field of criminal law, citing jurisprudential and sharia pretending causes problems such as inconsistency with the principle of legality of crimes and punishments due to lack of precise definition of pretense, pretense of forbidden act, etc., which requires review of some legal materials and a preamble to take advantage of religious and jurisprudential examples in criminal law.

Traditionally, legal works are based on the appointment of the actor liability in the collecting the cause and actor. Article 526 of Islamic penal code approved in 1392 has apparently backtracked on the prevailing impression. The rule of fraud is one of the instances of collecting the cause and actor. In jurisprudence, one of the bases of the rule of fraud is the causing rule. According to the famous jurisprudence, in order to have free will in loss, the actor is responsible for compensation, although there has been an effective factor in the collecting with actor; hence it is said that the loss is attributed to the proud, and if the final liability is placed on the deceiver, it is proud rule because of a special verdict. Some contemporary jurists argue that this verdict is not fair and the liability of deceiver as only liability is justified by the rule of causing. Article 526 of the Islamic penal code approved in 1392 makes subjective factors effective on the liability of the cause, and thus the conventional assignment of damage in article 526 is emphasized and in other articles of law, the criterion of foreseeability is observed in the recognition of liability and therefore, loss with the deceiver, which has led to proud is seen adequate.

Commercial documents, which are used as a means of payment in transactions and business affairs, have a formal character and it is very important to pay attention to their appearance. But sometimes it happens in the custom of transactions that these documents are incompletely submitted to the holder to complete it. In this study, we seek to investigate the possibility of completing a commercial document and its nature and effects in Iranian law and the 1930 and 1931 Geneva Conventions and the 1988 UNCITRAL Convention with a descriptive, analytical and comparative approach. The research findings show that documents that are issued incompletely, after completion, are subject to the rules governing commercial documents and the time of its issuance is when the holder "completes the contents of the document" and not the time of "signing and Surrender". The legal nature of this practice is that the agency has special effects on it. The signer of the incomplete document is liable to the holder of the document and cannot invoke the non-authorization of the complement in this regard. The completer is also liable to the next holder if he is one of the persons in charge of the commercial document, otherwise he is not liable to the holder just because he is a complement.