پژوهشنامه حقوق خصوصی احرار
پیاپی 5 (بهار و تابستان 1401)

The word ethics can be defined as the knowledge of good and evil. A person knows good and evil and, in simpler terms, good and bad .This is why ethics and moral dilemmas have always been one of the concerns of human societies. Pharmacists are one of the important and complementary links in the health system in the treatment of patients and they play an important and undeniable role in improving the health status of people in the society. Pharmacists working in pharmacies due to the commercial nature of pharmacies, having health resources and their distribution and because they are always available to patients, they experience many challenges and moral dilemmas daily, in this research, we have examined some of these challenges. This cross-sectional descriptive study was conducted in the spring of 1400 on 151 pharmacists working in Rasht pharmacies. The data collection tool is a two-part questionnaire including the first part: Collect demographic information of participants, And the second part: There were 13 ethical challenges. After collecting the information contained in the questionnaires, the data was analyzed using SPSS 22 software. The results of this research show that some ethical and legal challenges, including the financial inability of patients to pay for vital drugs, request for drugs outside the pharmacopoeia, Prescriptions containing drugs outside the pharmacopoeia, Allocation of essential drugs to a specific pharmacy, returning unused non-refrigerated medicine to the pharmacy, Prescribing a supplement by a doctor for a patient whose disease is not related to this product. Forced to cooperate with a non-pharmacist to establish a pharmacy. The request for abortion medicine and changing the brand of the prescribed medicine by the pharmacist was reported with a percentage of over 60% among the pharmacists working in Rasht pharmacies. In the last century, we have seen a significant growth of ethical issues in measuring health care. Therefore, pharmacists need to be more familiar with ethical issues, implement the best solutions and make ethical decisions in critical and necessary situations. Pharmacists' awareness of their moral and legal responsibilities will empower these health professionals and improve the services provided to patients and other service recipients in the pharmacy.

The World Health Organization was founded in 1948, but its history goes back to the middle of the 19th century. The basis of this background was the need to fight epidemics that transcend the borders of countries. However, the financial and technical opportunities needed to achieve their goals and the cooperation of the member countries were not always at the optimal level and are not. Experience has shown that half of the financial resources include voluntary contributions for specific programs, but the organization refuses to develop a binding legal rule regarding them. Covid 19 acts according to the guidelines and guidelines of the World Health Organization. It should be noted that despite all the problems and some mistakes, the organization managed this process correctly with the experience gained from previous epidemics. However, time will tell whether the World Health Organization and member states can make reforms regarding the structure and how to adapt their regulations to the new global order in the field of health.

The meaning of the positive principle is the proof of the rational and common principles of the practical principles; But the discussion of positives is not limited to practical principles; Rather, it is also mentioned in other principles such as the principle of authenticity in other interpretations of signs. The necessity of research on the positive principle is that the positives and rational and Shariah requirements are of fundamental use in jurisprudence and subject law. And it can be the basis of the judge's decision in some cases; For example, if due to the immaturity of the contracting parties, there is doubt about the nullity of the transaction, By referring to the positives of the authenticity principle, it is possible to judge the authenticity of the transaction; Now this question is raised whether the rational, customary and normal principles of practice have also been taken into consideration by jurists and lawyers? The findings of the current research, which is organized in a descriptive and analytical method, indicate that the positive aspects of signs are evidence; But the positives are practical principles that are considered as apparent rules, And they are used in practice when in doubt, and in the real world they have no discovery of the truth. They do not have the ability to hold. As a result, the rational and customary positives of practical principles such as the principle of association and the principle of acquittal cannot be effective in judicial procedures and will not be invoked.

"Apparent representation" originates from English law and does not fall under the usual definitions of representation. In this theory, the first person through his behavior has caused the other to be recognized as his representative, and the third to imagine and acknowledge the representation, while there is no representative relationship between them in the way that is usually expected. Therefore, the first person cannot deny the representation. In Imami jurisprudence, the special word "apparent representation" has not attracted the attention of jurists and there are no rulings around it, but this does not indicate the absence of a similar opinion and its inadmissibility in Imami jurisprudence. The purpose of the research is to compare this theory and its works with similar institutions in Imami jurisprudence. It is thought that the mentioned theory is sometimes effective in facilitating legal practices, so according to the scope of jurisprudence, comparative research in this regard may be effective in Islamic business. In this research, it is expected that the effects of apparent representation and its similar institutions are different in nature, but there is no significant conflict between them. The research method is searching and collecting sources (books, articles,...) and taking notes from them.

Sectional distinctiveness is a requirement for trademark protection. However, all legal systems in determining the distinction of a part of the way to support distinguishing marks, and also the effect of the minimum descriptiveness of the mark, in a way that does not harm the distinctiveness of the trademark, They have not adopted a common approach, so that by delving into the judicial procedure and doctrine of different countries, It is possible to separate the symptoms into weak and strong according to their degree of differentiation, and accordingly different legal protection of trademarks, depending on which of the above categories it is mentioned. The decision of the Federal Court of Switzerland in 2000 and the Benelux Court of Justice, which was later repeatedly upheld by the courts, Doctrine and Administration of Internal Market Harmonization of the European Union is included, It has not had any effect on the jurisprudence of Iran's courts, even if indirectly, And the trace of this separation is evident in the recent decisions of the appeals courts in the field of trademarks.

The continuous expansion of real estate buying and selling has led to some profit-seeking individuals abusing this field, resulting in the increase of crimes such as fraud, illegal transfer of property, and conflicting transactions. Criminal penalties such as fraud and illegal transfer of property are explicitly stated in the law and a specific legal process has been considered for these types of crimes. However, conflicting transactions are somewhat complicated due to ambiguities in the text, and there is no clear legal process for dealing with such crimes. In the banking system, conflicting transactions have also caused problems in the system, particularly due to the absence of a unified legal process for dealing with conflicts between official mortgage documents and ordinary sales documents. This lack of legal clarity has made official documents unreliable, leading to harm to the banking system and providing a platform for abuse by facilitators. On the other hand, the priority of official mortgage documents over ordinary sales documents has increased the credibility of official documents, but it has also caused harm to the buyer. This article attempts to examine the impact of conflicting transactions on bank mortgages and the enforcement of these types of transactions in Iran's legal system.

Wife's housing is considered one of the most basic examples of alimony and also one of the most valuable financial rights of the couple, which creates a very sensitive position in the strength and stability of the family. therefore; According to Article 1005 of the Civil Code, couples can agree on their place of residence during the marriage. In this way, the agreement that the couple makes for the wife to live in an independent house; Based on the aforementioned article, it is possible. Also, when the marriage is dissolved In special cases, such as the days when the wife is in the category of retroactive divorce, The legislator has required couples to They have continued to live in a common house next to each other for a certain period of time, Because a divorcee during the period of divorce is the same as a wife, And his rights and duties are the same as those of a wife during marriage. Also, regarding the nature of the couple's residence in the joint house, Although cohabitation is proportional to the meaning of the contract, that agreement and consent against it is also possible. But this residence in the joint house is also considered as the husband's right And it is one of the accessories of good company, And it is one of the accessories of good company, Therefore, the present research has analyzed the legal analysis of the wife's residence in the common house during the days of the Rejiya. And the results of this research indicate this, But this right is shared with the duties related to living in the house, It can be collected and the wife has no right to complain about accepting her husband in the joint house.