نشریه مطالعات حقوق تطبیقی معاصر
پیاپی 29 (زمستان 1401)

When the consumer buys a new car but encounters a defect in it, he will have the right to refer to the manufacturer. According to the law for the protection of car consumers' rights, approved in 2007, the guarantee for the implementation of a car defect will be: the right to repair and then the right to exchange or refund the price. But in the civil law, in relation to the general seller, only the right of exchange and then the right of termination is mentioned. The Consumer Protection Law divides defects into three categories: manufacturing defects, design defects, and warning defects. Does this performance guarantee apply to all three categories of vehicle defects, including design defects, production defects and warning defects? Can the buyer seek a performance guarantee without requesting a repair? Replacement warranty does not apply to vehicle design defects and repair warranty does not apply to design defects in some cases. The buyer is obliged to request a repair first, and if the repair is not successful or it is not possible, he will go to the guarantee of other performances. The guarantee of price rejection, due to market fluctuations, alone, cannot compensate the losses incurred by the buyer. It is not possible to request repairs or terminate them under civil law. Contrary to the research that has been done so far and has discussed the performance guarantee in general and in all goods, in this article, in a more specialized and detailed way, the performance guarantee only in the car will be examined. Also, one of the novelty points of this research is the simultaneous review of the guarantees of the performances in the civil law and the law of protection of car consumers' rights.

The occurrence of harmful events for human beings is inevitable. Therefore, human beings have always sought to establish rules to impose responsibility on the person who has played the most important role in the harmful incident. Hence the whole mission of civil liability is to identify such rules. The portfolio management company in the stock exchange, in relation to customers and the stock exchange organization, has responsibilities that may cause damage to another by performing an activity in this regard, so it is responsible in this regard and is required to compensate. Execution of contractual obligations is one of the important issues in contract law. In Iranian law, if one of the parties to the contract refuses to fulfill its contractual obligations, the guarantee of its implementation is stated in the form of several legal cases in various contracts. In this article, the civil Liability of the portfolio company, with the subject of "fulfilling the obligations related to the portfolio management contract" has used the votes of the board of directors of the stock exchange.

The globalization of law, human dignity, the foundations of democracy, the flourishing of information technology and human talents, the knowledge and digital revolution, has now made the issue of citizenship one of the most popular discourses in the field of law and world politics. Today's world defines and demands citizenship across borders, race, language, religion, creed, domination, power, ethnicity, nationality, citizenship, and even residence. The term citizenship in the modern sense has entered the political and legal literature of our country about two decades ago and has been the key word of a number of laws and regulations, but the question arises whether there is a correct understanding of the concept of citizenship in our country? Research by descriptive-analytical method raises the hypothesis that in our country there is no deep and accurate understanding of citizenship and a clear model of this concept. The main purpose of this article is to review the concept of citizenship and present a selected model in Iranian law. The article concludes that the Islamic Republic, on the one hand, has to reconsider the concept and model of the citizenship system, and, on the other hand, is involved in the dual logic of the Islamic government and the republican government. Therefore, the constitutional legislator must think of a solution in this regard.

BITs and practice of investment arbitration tribunals have taken steps to reinforce human rights in international investment law, although it will be gradual and requires cooperation with contracting parties and efforts at the international level. This paper adopts a descriptive- analytical method and tries to provide solutions to overcome the obstacles that hinder human rights development by pointing to these challenges in the international investment law system.Research findings indicate that international investment law has paid attention to human rights in the way of promoting international investment flow. Despite development and promotion of human rights and human rights obligations in the international investment law in the last few decades, this issue has always been facing challenges and obstacles. The challenges have political and jurisdiction nature, and require different decisions in the same cases. It seems that solutions such as the codification of a multilateral international treaty on foreign investment, and awards rendered in accordance with the human rights obligations and arbitral practice could address the mentioned challenges.

The main demand of Constitutionalism movement which was succeeded by the slogan of “The Court,” was the law, based on which the first work of constitutionalists was compiling laws and reestablishing the judicial courts. They also continued their former trial for establishment of legal system, and made a huge success by abolishing the Capitulation in April, 1928. Nowadays, the New Iranian Legal System is on the verge of its hundredth anniversary of establishment. During the last century, important endeavors have been made for establishment of the new legal system, one of the most brilliant and everlasting of which was compilation of civil law. The law is important because of its continuation and survival, and it is hence necessary to investigate the reasons of its success. However, in spite of such a position, Iranian Civil Law has disregarded the study of history of civil code, while it is one of the parts of civil law and a topic of interest in many law faculties around the world. Although research done by researchers of other fields is important and useful in historical and sociological viewpoints, such fields cannot explain some legal realities and subtleties; hence, it is necessary for law faculties to do the required trial for the history since no other field can fulfill this gap. The present study is done based on a legal viewpoint to compile the history of civil law and to provide lessons for Iranian Legal System.

According to the new approach to representation and reliance on the theory of media constructivism, the mass media, both visual and auditory, do not reflect social reality. Rather, these facts are produced and constructed in the form of their narrative structure. The new theory of representation does not deny the existence of reality. Rather, it claims that reality is not obtained directly; reality emerges through meaning, and meaning is constructed in a social process. In this way, the media do not always act on the basis of what has happened in reality; they often select specific types of crimes, frame criminal phenomena, images of parties involved in crime, and criminal justice officials. This view in the representation of crime can be accompanied by exaggeration and magnification, in the sense that the risk of criminals and the extent of harm suffered by victims of crime, in terms of quantity and quality, is overstated. On the other hand, the media, in representing a number of other crimes, does the exact opposite of what has been described, in the sense that despite the significant damage caused by these crimes, they are not given much attention in the news coverage, and most news and reports are ignored. This research has been conducted by qualitative content analysis method and focusing on the content of media news, and intends to form a realistic view of crime in society by examining news reports and exposing the dual representation and mostly distorted image of crime in the media.

The relation between lawsuits leads to mergers of litigations. One of the conditions for this to happen is the existence of jurisdiction for the trial court. In such cases, there is a conflict between the provisions governing jurisdiction and the provisions governing the conduct of related litigation. In order to resolve this issue and take the right measures, the civil procedure law has in some cases adjusted the jurisdiction regulations, both inherent and local, in favor of the related litigation regulations in order to provide the ground for simultaneous integration. In other cases, the supremacy of jurisdiction rules overrides and the litigation is handled by adopting mechanisms such as suspending one case until a decision is made in another. In this article, with emphasis on the rules of jurisdiction, both inherent and local, the manner of handling the mentioned conflict in Iranian civil procedure law has been studied and also similar provisions in French law have been considered. it seems that the path in civil litigation law is to make further adjustments to the jurisdiction in favor of the expansion of merger cases. This means the gradual dominance   of the complex litigation organization over the rules of jurisdiction.

The relation between lawsuits leads to mergers of litigations. One of the conditions for this to happen is the existence of jurisdiction for the trial court. In such cases, there is a conflict between the provisions governing jurisdiction and the provisions governing the conduct of related litigation. In order to resolve this issue and take the right measures, the civil procedure law has in some cases adjusted the jurisdiction regulations, both inherent and local, in favor of the related litigation regulations in order to provide the ground for simultaneous integration. In other cases, the supremacy of jurisdiction rules overrides and the litigation is handled by adopting mechanisms such as suspending one case until a decision is made in another. In this article, with emphasis on the rules of jurisdiction, both inherent and local, the manner of handling the mentioned conflict in Iranian civil procedure law has been studied and also similar provisions in French law have been considered. it seems that the path in civil litigation law is to make further adjustments to the jurisdiction in favor of the expansion of merger cases. This means the gradual dominance   of the complex litigation organization over the rules of jurisdiction.

The conclusion of certain juridical acts is not merely subject to substantive rules; also some formal conditions are required for that juridical act to be recognized as valid. One of the most common of these acts is a will, the validity of which in most legal systems is also subject to the observance of formal conditions. On this basis, the conclusion of a will is not merely adherent to the willing of the testator, and some formalities have been drawn up to adjust it. In Iranian law, after enactment of the Code on How to Adjust a Testament and Probate Code, and in American law, according to the Wills Act and the court ruling in Pavlinko's case, observance of formal conditions in adjusting the will is undoubtedly necessary and its sanction will be invalidity of will; which is known as strict compliance requirement. However, strict compliance requirement in both legal systems is not immune to opposition, and the desire to deviate from it has always been developed in the mind of a group. Hence, the most important question arising about strict compliance requirement in these two legal systems is whether it is possible to deviate from strict compliance requirement in the will or not? In this article, through the library method, the hypothesis is proved that although paying attention to the functions of strict compliance requirement in the will requires strict compliance requirement as a principle in the will and deviation from it is possible only if the intention of the testator has been correctly established in court, the analysis of Iranian and American law shows that due to the ineffectiveness of alternative theories of strict compliance requirement, the possibility of deviation is ruled out.

As soon as the Foundation is made, the objective right that existed between the endowment and the endowment property disappears and the endowment property becomes the property of the endowment legal entity. Therefore, without doubt, the Foundation cannot make any seizure in the Foundation; for example, it cannot exclude some of the Foundation against them from the number of Foundation against them. The question arises as to whether the Foundation can retain the right to expel some of the Foundation against them at any time, provided that the Foundation is written on condition. The Civil Code has remained silent in response to the present question. Jurists and scholars disagree on the answer to this question. Some have considered this condition to be correct, and some believe that such a condition is invalid, and some have elaborated on the differences between the minor and the major. In the present study, which is based on a descriptive-analytical method, it has been concluded that if the condition for dismissal of some endowments against them is by providing a criterion that after the endowment, some endowments against each other are automatically dismissed, this condition is correct and whenever the provisions of the condition giving authority to the Foundation to expel some of the endowments is against them, such a condition is invalid and ineffective.