مجله حقوق خصوصی
پیاپی 41 (پاییز و زمستان 1401)

This paper purports to analyze imposing registration fees on that part of Mahr higher than a certain level (Mahr Sunnah) from an economic perspective. The proponents of this plan believe that high Mahr is a main obstacle for young men’s marriage, and in the case occurring, it can lead to various kinds of social costs. So, it should be deterred by imposing a tax on it. This plan only considers the benefits of one part of marriage (men) and ignores the benefits of the other side (women). So, it can disturb the marriage market and leads to other kinds of social costs that might be even relatively higher. The incentive mechanism of this plan encourages the substitution of Mahr by other provisions in the marriage contract such as asking for divorce right by women, marital properties equal division, out-of-formal wedlock arrangements that are non-recognizable by the law as Mahr, and even leaving the marriage market for other counterparts such as cohabitation; all of them rise the transaction costs of marriage and might increase the average age at first marriage and decrease the likelihood of fertility.

Recordal of a trademark license is an instrument established by legal systems to ensure the security of transactions and protect third parties. Perspectives of countries on registration requirements, including the applicant, the required documents and the content of the contract are not the same. This leads to differences in the views of countries on the effects of recordal, including use of a mark on behalf of the holder, the licensee’s right to sue  and the status of opposing trademark transactions; However, the commonality of these views can be described as “Effects vis-à-vis third parties”. In the present article, While analyzing the requirements and effects of recordal of trademark license under the Singapore Treaty, the EU Trademark Regulation and Iranian law, using the findings, an attempt has been made to criticize the “Industrial Property Protection bill” regarding the development of appropriate registration system for trademark licenses. According to this article, there is no need to register a trademark license in a notary public, and the license must be recordable by both the licensor and the licensee without having to provide all the provisions of the contract in the Industrial Property Office.

By virtue of Clause 3 Article 3, 1304-1306 French Civil Code, if a suspensive condition fails, the obligation is deemednever to have existed. Nevertheless, this Article falls short of specifying the fate of the contract. If suspensive condition fails, the classical doctrine will give it a retroactive effect. The main part of the contemporary doctrine, however, justifies the non-retroactivity of non-fulfilment of a suspensive condition with reference to the lapse of the "caducité" contract. This justification suffers from a paradox in its reasoning. On the one hand, if the condition fails, the obligation is deemed never to have existed, on the other hand, the contract is said to be a lapse. As the lapse of contract is a sanction for a contract which has been validly formed and later one of its "essential elements" disappears, it cannot prejudice a juridical act deemed never to have existed. Iranian law insufficiently stipulates the fate of the contract if suspensive condition fails, and there is a frequent reference to the sanction for nullity and dissolution. However, it would be better to recognize the lapse in the Iranian law for the non-fulfilment of condition in a suspensive condition.

In the current world of international trade, corruption in the form of various instances, including bribery, is very common and is accompanied by very serious damage to the economies of the countries involved. This issue has not only caused the countries of the world to put prevention and fight against this phenomenon on their agenda, but also the international community has not been idle and has taken measures such as drafting several international documents. This emphasizes on the strength of the law as a tool in preventing and combating corruption. But unfortunately, it has not been used all the capacities of it such as private dimension. This is while there seems to be a relation between a country s purity rating and the guarantee of law enforcement it uses in the face of a contracts provided by corruption. With this premise, in this article, we will use the library method to answer the question of whether guaranteeing the annulment of these contracts can lead to a reduction in corruption.

One of the general principles governing contracts is the principle of permanence of contract; people spend time and money to conclude the contract with the purpose of executing it; Prescribing the termination of the contract with any event despite the guarantee of many other executions in order to compensate for the damage, brings a heavy blow to the economic and social life of individuals and the economy of societies. Preservation of the contract in the past has been mentioned, but the expansion of commercial relations with special conditions today has caused a change in the approach towards this issue in international documents and has considered permanence of contract as a general legal principle along with other principles; This is despite the fact that in Iranian law, the absence of this basic view on the subject under discussion, in addition to that, has led to the introduction of articles in the law that are exactly against this principle. It caused permanence of contract to not be considered as a general legal principle ; The principle by which regulations can be interpreted and legal deficiencies can be removed. In this article,we are trying to understand the necessity of this principle and its difference from the principle of necessity,not from the basics,which are a series of general cases,but from the effects of the application of this principle and the attention that international documents have paid to this principle.And then we will examine the conflicts and defects that exist in Iran's law in this field .

It is descriptive-analytical through the analysis of relevant materials and legal analysis methods with comparative study in international documents.

The result of this research is that the principle of permanence of contract is different from the principle of necessity, And that it is the most important mechanism of transaction strength. Also, a comparative study in international documents, considering the positive economic effects of applying this principle in commercial contracts, reminds us of the necessity of a basic look at the permanence of contract in Iranian law which itself, in the legislative position of contract law, causes the amendment of articles in the civil law, In the stage of implementation and interpretation of the rules governing contracts, it causes more accurate interpretation and elimination of legal defects and ultimately causes the interpretation of contracts in favor of the effectiveness of the contract.

Since 2016,Article 24 of the Law on Permanent Provisions of the Country's Development Plans and before that Article 107 of the Law on the Fifth Development Plan have been considered as the source of identifying the economic interest group in the Iranian legal system. The institution,which according to the mentioned article is considered as a partnership without legal personality,has a framework and rules for formation,management, liquidation and liquidation. In this article, after examining the history of legislation on this institution in the country and comparing it with other similar concepts,by descriptive-analytical method,the provisions of this article are analyzed solely for the administration and management structure of this and based on jurisprudential and legal rules. And its various dimensions, including the members' assembly and its rules,group management and related issues, and finally the profit and loss of the group's activities and how it is divided,examined and explained, and tried to address the ambiguities of the article with Reasonable analysis should be compensated according to the rules of the company contract subject to civil law and general rules. Also, in each section and as the case may be,Council Regulation on the European Economic Interest Grouping and the French commercial law have been mentioned and compared.

Complete and correct implementation of the bank transfer process, with the aim of performing of obligation, although it removes the responsibility of the bank; However, it has no correlation to acquittal the debtor. The purpose of the research is to resolve legal ambiguities and loopholes, as well as the context of passing a comprehensive law in domestic law.  And the research method is descriptive and analytical. The question is, how can the implementation of the bank transfer relieve the bank of its responsibility, yet it has no correlation to acquittal the debtor? In this study we will prove, in accordance with the principles and rules governing Iranian law, the International Law on Transfer of Credit, as well as the US Commercial Uniform Law and other international regulations and documents Non-liability of the bank is based on the principle of separation or independence of bank transfer of funds of the basic obligations, That is the bank's obligation is merely the correct execution of the payment order, and the legal issues surrounding the basic obligation for which the payment order was issued are not related to the bank; And the reason for the discharge between the realization of the bank transfer of funds and the discharge of the transferor is that the fulfillment of the obligation in the form of bank transfer of funds, in addition to the correct implementation of the transfer of funds, requires other conditions.

Damages for breach of contract may pursue one of the two purposes to place the injured party in a position that he expected to from performance of the contract, or to place him or her in a position that he was in before the contract was entered into. In some decisions of Iranian courts, the purpose of damages for breach of contract is to place the injured party in a position he would have after the performance of the contract, but to achieve this goal, various principles such as the principle of full compensation and legitimate reliance and expectation have been resorted. This article, after mentioning and categorizing some decisions, seeks to explain that resorting to these principles is not immune to criticism and the necessary mechanisms to invoke them have not yet been developed in our country. Instead, two traditional principles of etlaaf (direct destruction) and tasbib (indirect destruction), with some qualifications, could be used in this regard.

The possibility of appeal and appellate supervision is one of the important and decisive cases in the fate of lawsuits, including family lawsuits, related to the termination of marriage. these decisions include decree of divorce, obligation to divorce, annulment of marriage contract, annulment of marriage and decisions on the subject of the expiration or forgiveness period of the temporary marriage. the decree of divorce, in the general concept of the principle of divorce, includes the obligation to divorce and other cases. the wording of the Civil Procedure Law regarding the appeal of divorce creates ambiguity in the ability to appeal judgments other than the principle of divorce. the result of this ambiguity is the creation of differences in the procedure of the courts and the response to that is the issuance of a supreme court decision (as a unified judicial precedent). It was based on the generalization of the aforementioned law to all divorce cases. in the family protection law, the decision to compel divorce is sometimes called a divorce decree. family support law approved after the supreme court decision as a unified judicial precedent regarding the certificate of impossibility of compromise, it creates a concept inconsistent with the judgment of the court and the possibility of appellate supervision from certificate of the impossibility of compromise faces doubts and decisions contrary to the decision of the Supreme Court as a single judicial record have some kind of legal support. according to the concept of the relevant articles, the certificate of impossibility of compromise can be appeal, but it is non-impossibility to appellate supervision. the decree of void and termination of marriage can be appealed due to the financial nature and if it is related to their substance, it can be appealed to the supreme court.

In the following research, one of the important rules of jurisprudence has been studied, its proofs have been cited in the Book, Tradition, Reason, and Consensus, and the opinions of jurists have been presented in this regard, and results have been reached in the field of conflict resolution of religious rulings and even topical laws. According to the rule of obligation, not only the followers of religions and denominations can be required to adhere to their beliefs and requirements, but also the effects of correctness can be applied to their actions where it is related to them. Another point is that the proofs of the rule are connected to the public and the way of thinkers also includes adherence to the subject laws of human beings towards each other. Another finding of this study is that the mentioned rule can be deduced by referring to the Book. Jurists such as Sheikh Tusi, Ibn Idris, Allameh Helli, Seyyed 'Ali Tabatabaie, Feiz Kashani, Maraghi and Naraqi have cited the rule in many cases. The number of hadiths related to the rule is also high enough to trust the issuance of the narration, especially on the basis of those who consider it sufficient to trust the issuance of a single report. Obligation has been considered in different jurisprudence chapters, regardless of the open or closed point of view of jurists, and if we are not satisfied with the rule of obligation, we can use two rules close to it, one is the rule of compensation and the other is the rule of acknowledgment and respect. The compensation is of two types: first, personal compensation that is created between two people; Second, general compensation is a kind of conflict and compensation between Muslims and polytheists, not between one person and another person, which is performed about both the obligator and the obligated. It should be mentioned that this article is organized in the framework of traditional and dynamic jurisprudence and with a descriptive-analytical method.

Neurolaw, as an interdisciplinary knowledge between law and neuroscience, is considered a new Branch in legal science that examines the impact of the human brain on the legal phenomena resulting from his behavior. Unconditional use of this science in courts may violate three important examples of personal rights, the right to privacy, right to physical integrity and right to image. Now, the question is, if the public interest requires that the content of people's minds be analyzed, even though it violates their personality rights, which side should be taken: personality rights or public interest. In response to this question, although in principle, the public interest is preferred, but due to the lack of an explicit text in the possibility of limiting individual freedoms and the possibility of government abuse, the side of personality rights is preferred. In this research, using library resources and analytical-descriptive method, we try to study the impact of personality rights on neurolaw.

Artificial intelligence can have countless benefits for humanity, one of which is fully self-driving cars. With the entry of various branches of information technology, it is necessary to provide its non-technical infrastructure, such as explaining the legal aspects of the upcoming issues. Artificial intelligence can have countless social benefits, but at the same time, they may cause harm. The requirement for proper protection of consumers is that before the introduction of new technology along with the preparation of road infrastructure and legal infrastructure, it is also reviewed and modified. This research specifically and case-by-case deals with the civil responsibility of deep learning of artificial intelligence in a fully self-driving car. Who will be responsible when the AI in the self-driving car does not act according to the instructions given by the manufacturer or software developers, and the AI acts outside the framework of its instructions, according to deep (reinforcement) learning? How can artificial intelligence or those involved be held responsible by relying on the general rules of civil responsibility? After examining and pondering the laws, we find that several people, including the software designer, the self-driving car manufacturer, and the technical supervisor, may be identified as responsible, and the results of this research show that they are not up-to-date and blame-oriented. Iran's civil liability system is related to the civil liability of artificial intelligence operators.