پژوهشنامه حقوق خصوصی احرار
پیاپی 6 (پاییز و زمستان 1401)

The story of landlord-tenant relations is a story, almost old. For a long time, landlords have sought to rent their property at a higher price by vacating it, and tenants have always wanted to pay a lower rent and stay in their place. The story of renting business premises has been complicated twice. There is something called head lock and a phenomenon called the right to trade and trade in the relationship between the lessor and the lessee of the place of business, which increases the depth of the differences between the two. The principle in the lease contract is that the tenant vacates the premises at the end of the lease term and hands it over to the lessor. But it has never been so simple. Governments have always had to play the role of "regulator" and "arbiter" between these two. Anyway, the policies of the governments in this field started from the policy of limiting the rights of the owners and gradually it has been oriented towards the liberalization of relations and compliance with the free market economy.

Electronic contracts have occupied a wide area of contracts, which is increasing with the advancement of technology. With the increasing trend of this type of contracts, these types of questions are raised; For example, are these contracts among public contracts? What is the basis of the guarantees of contract performance when the parties do not even know each other? How have the civil law of Iran and France defined the rules surrounding these contracts? These types of contracts are covered by the general rules of contracts, which follow the laws related to electronic commerce and civil law. However, how these contracts comply with general rules in different countries may have differences. In particular, there are various rules regarding the obligations arising from electronic contracts, which we have tried to discuss in this article about their dimensions in Iranian and French law. Our method in this article is based on the method of library study and is done in a descriptive-analytical way.

The punishment of prison as the most obvious form of deprivation of freedom has always been discussed and disputed.Despite the positive functions of the prison, such as the ability to reform and subjugate criminals, throughout history, and due to the consequences it has left in the society, it has sometimes been criticized and disagreed with.Especially in modern society and the emergence of theorists in favor of reducing punishments such as imprisonment, the processing of this issue has gained strength. In this article, the differences of prison sociology from the perspective of Emile Durkheim and Michel Foucault were analyzed What is clear is the agreement of the two theorists regarding the positive functions of the prison in order to reduce crimes and prevent crime in the society, and the same is the reason for the continuation of the prison, but what is the point of disagreement is the acceptance of administrativeization and rationality in the punishment process. It is possible that Durkheim has addressed the issue more fully in this aspect and has accepted this issue. Although it emphasizes the emotional aspect of punishment more. But if we pay attention to Foucault's theory, which is a rational attitude, we will not see anything from emotional and moral aspects in it. In his description, Foucault focuses on closed institutions, especially prisons.He explains how correctional techniques and crime techniques. They consciously affect the penal systems. Foucault's statement is a description of the introduction of technology and the administrative process of the criminal realm. In his description of the prison, he ignores its social meaning, which can be understood through public opinion, and sees it as a technical institution.

The anticipated principle regarding the jurisdiction of the International Criminal Court is the principle of supplementary jurisdiction, which only governs the relationship between the jurisdiction of the Court and national courts. Jurisdiction, as one of the features of the government's sovereignty, has passed the traditional territorial rule and objects and It includes the property of Khalraj from the territory of the government. The expansion of jurisdiction rules, which is justified based on the interests of the government and the legitimate interests of individuals, in some cases imposes huge costs on litigants and hearing authorities. Ensuring public interests and conducting a fair trial requires that the hearing authority refrain from exercising broad jurisdiction by considering indicators such as parallel proceedings in a foreign country, the existence of suitable conditions for proceedings in a foreign country, or the need to observe courtesy towards the foreign government.

Sovereignty is the legal authority of the government in international relations, and one of the forms of governance of governments is economic sovereignty. The economic sovereignty of the government has been defined as the supreme authority of the government in the economic will in the international arena. Among the sources of international law, five international documents have tried to explain the negative and positive aspects of the government's economic sovereignty in the international field. In order to measure the efficiency of the economic governance model, this article has undertaken the economic analysis of the government's economic governance in the international arena and has made five key economic theories the basis of the economic analysis of the government's economic governance. According to the analysis, the Keynesian economic theory guarantees the economic efficiency of the government more than other theories in accordance with the current situation of the international community due to its economic realism and order-oriented approach in implementing the government's decisions. It is worth mentioning that the characteristic of realism cannot be completely considered as a desirable model due to the neglect of human rights considerations, and governments are obliged to take such considerations into account in the implementation of economic governance.

The constitution is the law of every country and, in a sense, it is the mirror of the whole view of its political and governmental system. In the Islamic Republic of Iran, following the occurrence of the Islamic Revolution, the first constitution was approved in 1358 with a public referendum. The urgency of the revolution soon showed itself in that law. The events of the imposed war and the reconstruction of the country and the need to revise this law in view of Imam Khomeini's (RA) emphasis on the removal of authority in the conditions of leadership and the appointment of a leader in his place and the establishment of the Expediency Council were among the main origins of this change. But a deep view shows that the conflicts and conflicts in the principles of the current constitution are among the issues that have challenged the abyss of decision-making, especially in the legal, social, economic and even political fields, and in some cases even led to the locking of affairs even more. has ended.

The medical contract expresses the mutual cooperation of the patient's will with the doctor or treatment group. And due to the integration of the two fields of law and medicine, it is of special importance. Of course, this agreement is not the only reason for creating a legal relationship. In medical emergencies, due to the lack of a healthy will on the part of the patient, it may not be possible to realize an effective agreement. In this case, the permission of the law replaces the permission of the patient, and exceptionally, the law creates this relationship. It is very likely that there will be a difference between the doctor and the patient, Therefore, knowing the "legal nature" of the contract and using the general and specific rules of the chosen contract, Not only does it have intrinsic value in theoretical discussions, but it also makes it scientifically come from the stage of theorizing into the field of practice. And finally, this method is a way to solve the disputes of the parties. In the review and analysis of a contract, it is particularly important to know the "legal nature" in comparison with the secondary rights and obligations arising from that contract. In the analysis of this contract, there are two theories of "definite contract" and "indefinite contract". It seems that in this contract, by which the doctor finds the very dangerous position of the authority to seize the body and life of the patient, The obligations of the doctor and the patient towards each other are an "indirect and secondary" effect and precede the existence of another legal entity called "proxy". And knowing this concept due to the necessity, including: compliance with jurisprudential and legal principles and principles, preserving the patient's dignity, as well as compliance with the ethical principles of medicine, is the beauty of this contract.