نشریه تحقیقات حقوق خصوصی و کیفری
سال نوزدهم شماره 1 (پیاپی 55، بهار 1402)

The special characteristics of oil contracts require that these contracts always have economic stability and balance. Disruption of the economic balance in these contracts will bring harmful results both economically and legally. Generally, the stakeholders of the oil sector prefer to use the renegotiation clause to prevent the disruption of the economic balance of these contracts. Sometimes, despite not foreseeing this condition, one of the parties, who is basically an investor, will request renegotiation and in the results of establishing an economic balance (although this request will not necessarily mean reaching an agreement and an effective result) and the other party will also have the right to make such a request, but in any case, the parties must use their efforts in good faith to achieve the desired result, but the mere failure to achieve the result will not be a license to demand or compensate the other party. The question is, how can renegotiation lead to the establishment or effect of economic balance in oil contracts? In other words, how can the fundamental change of economic conditions in oil contracts be resolved with the condition of renegotiation. The findings of this research show that with the loss of profitability of oil projects, the contracts have undergone a fundamental change, and to maintain the stability of the contract and the continuity of the project, there will be no other choice but to resort to renegotiation to establish economic balance; In any case, renegotiation requires the goodwill of the parties.

Engineering disasters, which are often caused by engineering's criminal behavior, have become an increasing trend. This article is based on a descriptive analytical method and by using an open interview method, it seeks to find the reason for the occurrence of such crimes and violations from the perspective of criminal sociology. This article is based on the hypothesis that although the economic factor plays a prominent role in the occurrence of crimes in the engineering world, it is not the most fundamental cause. Rather, factors such as the incorrect process of engineers' training, belief in the correctness and rationality of some criminal behavior and especially sticking to the goals and trying to survive the engineering group by any cost are the most important crime-causing factors in this industry. Considering the theories of criminal sociology, this article deals with economic-oriented penal calculation, differential association, pressure and neutralization technique theories. Finally, it was concluded that among the theories of criminal sociology, the neutralization techniques and differential association are the most suitable theories for finding the cause of the criminal behavior of the engineers.

The incidents that occurred in Iran's sports venues in recent years caused significant financial and life losses to the spectators. Spectators enter these places with the mindset that their safety and security during the match is guaranteed. In this article, while examining the responsibilities of the manager or managers of sports venues as a part of those responsible for organizing sports competitions towards the spectators, it is examined from the legal aspect by considering the non-contractual responsibilities derived from the laws of Islamic punishment and civil responsibility. However, it seems that the formulation of special rules or regulations with the conditions of holding each match is vital and necessary to reduce the loss of life or money caused by the negligence of the manager or managers of sports venues towards the spectators. In particular, the current civil law of Iran approved in 1339 is appropriate to the present time, where the progress and techniques at that moment and with those new laws are not changing, changing and shaping. In order to compile this article, reports, expert documents and legal or judicial medicine that the scope and limits of negligence of the manager or managers of sports venues that the result has become in relation to the audience due to the personality of the events or the future of damaging the collective conscience or preserving Is. The general order of the society was not in the conditions.

Just as identifying violations and crimes in the stock exchange is important, in the next  stage, the process and manner of dealing with such violations and crimes is important because by identifying the weaknesses and strengths in dealing with these matters, we can realized its effectiveness. In dealing with disputes in the market, the jury and  in the violations section of the Committee to investigate violations and in the field of crimes are the judicial authorities. This study aims to review the process of dealing with violations and crimes of stock exchanges and securities in Iran and the United Arab Emirates and to evaluate its strengths and weaknesses. Basically, the system of dealing with violations and crimes related to the stock exchange is very important in order to effectively support these guarantees in different countries, among which, a comparative study of the system of investigating crimes and violations in Iran and the United Arab Emirates is the subject of research .

A significant volume of international transactions is carried out in the form of a sales contract, and one of the controversial issues in this contract is the defective product and the range of rights arising from it for the customer. Considering the growing volume of domestic and international transactions, these rights must be complete in order to eliminate the violation of the right in general. The inadequacy of traditional rights in the discussion of defects, the obsolescence of laws, as well as the potential of Iran to be present in the international trade arena, shows the need to use scientific achievements and ready-made texts and resources that have been accepted at the international level in order to consciously follow the example of They should open a shortcut to advanced rights. This research with a descriptive-analytical method and a comparative approach from documents such as the principles of European contract law, the principles of international commercial contracts and the 1980 Convention on the International Sale of Goods indicates that the range of customer rights due to defective goods in the aforementioned legal systems, the set of performance guarantees is generally based on the institutions of 1. Mandatory execution of the contract; 2. Adjustment of the contract (price reduction; Arash); 3. Termination and 4. The demand for damages is available to the customer and although there are differences, these differences in the bases and principles are not the origin of the effect, and in general, the shared aspects of domestic law with the examined documents are more than the aspects of the dispute. It is its incentive and obstacles, and the possibility of greater coordination and alignment with global procedures and their acceptance is possible.

The negotiable instruments in English legal system were formed in the context of historical developments of a thousand years old of this country and through the development of concept of "assignment" in common law, equity, positive law and law merchants, and to ensure the circulation of bill of exchange, promissory note and check in the realm of commerce has provided the necessary standards to achieve the concept of negotiability through institutions such as Estoppeland shelter. Although according to the general rules of jurisprudence and Iranian civil law, contracts such as guarantee and remitance- which are considered as channels of transfer of debt and credit -are affected by the previous debt in terms of invalidity and termination, instruments such as bills of exchange, promissory note and check -which are caused by a previous relationship based on appearance caused by sign of the signatory on basis of trust -are not affected by them. Although, there have seen very limited common foundations and inspiring principles between two legal systems, they achieved similar results and created a powerful relationship in favor of holer in due course. In this study, the formation, principles and rules of negotiable instruments are examined in English with an Approach in Iranian Law in descriptive-analytic Method.

A futures contract is an agreement to simultaneously buy and sell a certain amount of one currency against another currency at a certain time and at a certain rate in the future. In fact, the futures contract is a type of forward contract, with the difference that the buyer and the seller are not known to each other and only transact with each other through banks or brokers active in the currency market. The foreign exchange market is a virtual market where interested people around the world can buy and sell existing currencies through the Internet and selecting the desired broker. The distinguishing feature of this market compared to other markets is the limited selection of investment options, and the major forex transactions are carried out only on seven currencies and three currency pairs, and by examining the macroeconomic variables of the countries and the news available at the international level, you can choose your desired currency. Islamic jurists believe that it is possible to trade the currencies of different countries in cash or at different rates because the inherent price and purchasing power of the currencies of different countries are independent and the general agreement is about the inaccuracy of using futures contracts and currency advances in the state of delaying obligations and rights. There are parties to some time in the future, which in this article has been examined in jurisprudential and legal doubts related to the authenticity of these contracts.