مجله تحقیقات حقوقی
پیاپی 101 (بهار 1402)

Perhaps, it seems that in a period, when the discussion of authorship of computer, machine and artificial intelligence is strongly underway, to ask and skepticism about authorship of legal persons not so acceptable acceptable, However, this is important for variety of reasons. In Iranian law, legal person regularly can have except in some cases, on legal or charter bases, any rights and duties that human can have. Is this enforceable about authorship ? In nowadays, creating and public exploitation of the most of works need to investment and a lot of money which makes creation of works expensive that natural persons, regularly haven’t possibilities, money and time for doing this actions. The work creation industry, has imposed itself to legal systems. In addition to this, legal entities are doing all of steps of creation, reproduction, supply and distribution of works alone or with participation of natural or other legal persons. In any case, these legal persons are direct or indirectly interested in supporting authors. Many legal entities are inherently established for creation of works (universities).However, it can be asked if the legal person who lacks spirit and creativity can be the author of work ? In many countries, authorship depend on creativity that is immaterial and special to human but, ruling of Iranian copyright law (1969) isn’t far from ambiguity.Practical realities, have imposed the necessity of recognition of concept of primary owner or first ownership. Today, the Poetic concept of Authorship is in transition to an economic concept.

The existence of political parties is one of the necessities of efficient elections, because holding elections with a focus on parties will make the programs of governing the country more mature and reduce the unreasonable number of candidates. the party electoral system is superior to the non-party electoral system. Now the question is what is the optimal pattern of interaction between the party system and the elections? Given that no research has been done under this title so far, it is important to investigate this issue. This research uses descriptive-analytical method. Findings show that number of parties, multiparty system is the most desirable form of interaction between parties and elections because it causes maximum participation of political tendencies in elections, but government stability, bipartisan system is desirable form. Is interaction. The model of a one-party, two-party system with one party winning is an undemocratic form of party-election interaction. The relationship between the number of parties and the electoral system has been justified under the heading of the "bipartisan law", which is the subject of controversy. The desired pattern of interaction between parties and elections also includes the participation of parties in the management of elections, election monitoring and the introduction of candidates so that elections are held in a healthy manner. In the discussion of the electoral financial system, the preferred model is the interaction of transparency and control over the expenses of political parties by setting restrictions and prohibitions on election expenses and the obligation to disclose and report.

Contracts, as the most important tool for resource allocation and distribution of economic values, have always had gaps and contractual silence because of some reasons such as rational constraints, transaction costs and information asymmetry. Contractual parties’ disagreement on how to complete these gaps has led to many lawsuits, which have required judicial bodies and judges to complete or interpret the contracts. Among many different approaches (schools of thought) which attempts to complete or interpret contracts, economic analysis of law, which is generated from the synthesis between law and economics, focuses on completing contractual silence based on increasing efficiency, optimism and avoiding opportunistic behaviors. In addition to judges benefiting from the fundamentals and implementing tools of economic analysis approach, this approach and its effects on interpreting and completing contracts during court procedure needs to become a state of mind for the judge when issuing awards based on efficiency and optimism. Reducing court procedure costs, issuing pioneers awards based on judicial justice and efficient allocation of resources and contractual risks are only some of the prominent effects of economic analysis of law approach. Scrutinizing the Iran’s law system shows that in spite of exciting limitations and burdens, the condition for implementing and benefiting from this approach has been presented in the judicial procedure and there are evidences available regarding this subject matter. Also there is a vital requirement to design efficient default ruled due to manage and judge efficiently.

Considering Connected Crimes, there is disputes among Law experts and judges as the legislators has neglected them. Connected crimes include committing two or more offending behaviors which have independent components, and several instances of this type of crimes were stated in Iran Penal code including Islamic Penal Code. In some regulations, the legislators stated the case and the rules for passing a sentence, therefore, in some cases it is regarded as one crime with one penalty and in some examples, they just stated the instances without referring to the rules for passing a sentence. As a result, whereas the legislators have ignored the rules for passing sentence for connected crimes, a lot of challenges in penal code and judicial precedent were made in many year including stating different proofs in penal rules, not designating a uniform principal for passing a sentence for this type of crimes, presenting different counselling ideas by the Law departments, issuing different judgements by the judicial authorities and prolongation of hearing. In this article, the writers will state the challenges, investigate the proper solutions and offer executive

Climate change, as one of the most important problems of the present age, causes a lot of damage to the realization of human rights. The relationship between these two categories, although not mentioned in the main and binding sources of human rights, but with a deeper look at the consequences of this global problem, we can see that today there is a very important relationship between the possibility of human rights and climate change. This will affect both individual and collective human rights, create many obstacles to their realization, and raise issues that require addressing human rights in a new light. In this area, the practice of states and international courts is also significant. With regard to these points, the present article, by considering the existing documents and procedures and the various aspects of human life, in order to take a more realistic view of the issue of the realization of human rights in the present age, will examine the effects of climate change on the realization of various human rights and will try to Highlight human rights crises affected by this phenomenon and have been overlooked in its basic discussions.

In Imami jurisprudence, the composition of the form of divorce in the presence of two just witnesses are considered a condition for its conclusion. On the other hand, obtaining a certificate of impossibility of settling and registering a divorce and remarriage is a legal obligation and the offender is subject to punishment. The present article answers these questions: Is testimony relevant in concluding a divorce or can it be replaced by its legal formalities? What about the referral? What is the result of non-observance of the mentioned legal formalities? In response, by using the descriptive-analytical method, while comparing the role of testimony and legal formalities in the structure of divorce and recourse to it, by studying the jurisprudential principles of the issue and observing the purposes of Sharia and the goals of the legislator, to present a new and documented picture of correct divorce. And redraws the role of testimony in divorce and recourse؛ Documented with arguments such as the instruction of the matter to be testimoned, its non-subjectivity, the non-devotional nature of divorce, the conversion of the issue into a matter and therefore, after all three clauses (Talaqohn, Amskoohn, Farquhn), But in view of the reasons for the necessity of caution in Foruj and Araj, we give up the generality of the holy verse and we believe that the necessity of the mentioned precaution is not to be strict in concluding or returning to the marriage and fulfilling the recourse, with the least formalities, unlike divorce.

Anticipatory breach theory means that in contracts with protensive obligations, whenever, before the time of fulfillment of the obligation, in an acceptable and reliable manner, it is discovered that the obligor in the future does not want or can not fulfill its obligations, the obligee will have the right to suspend his mutual obligations and terminate the contract under certain conditions.The origin of this theory is European law and so far it has not been explicitly entered in Iran law. In feasibility study of the entrance this theory into Iran law, some consider it contrary to the principle of the unilateral irrivocability of contracts. the principle of unilateral of contract is that each party to the contract may not terminate the contract unilaterally , except in cases where it has such legal authority. In this article, the author seeks to specify the concept of this theory and the application of the principle of unilateral irrivocability of contracts, to prove that the theory of anticipatory breach does not contradict the principle of unilateral irrivocability of contracts.

By announcing the nationalization of land by the Forest and Pasturage Organization, that, it is created in the form of a "recognition document"; the beneficiaries who believed themselves to be suffering from this action, they bring an action as protest to the nationalization recognition of land in competent authorities. The subject that in the legal books and articles related to this area are less considered with, it is that, who is plaintiff these claims? Are they individuals or state? And on the hypothesis that the beneficiary persons are considered plaintiff; what should they prove? The author in the present paper with a descriptive and analytical method, using library resources and verdicts of the courts, seeks to prove that the claimant is who to announce the opposite of the content of the recognition document and simply proving that the disputed land is not considered subject to fourfold titles in the land nationalization law that is enough for changing land nationalization to denationalization and it does not need to prove the recovery record before 1341 year; although proving of recovery record, that is, the examples of the explained in the third waver of the second article of that law will lead to egress national land and transform it into legal exceptions.

reviewing the trend of legislation for the definitions and planning comprehensive legal system for the designation of Nongovernmental Public Institutions and Organizations reveals that passing act after act, has increased the ambiguity of the legal nature of this title. Iran’s legislature invented and defined this title, in the Public Auditing Act, 1366 )Article 5 (. In the continuing this legislative trend, Iran’s legislature has invented and has defined the title of Nongovernmental Public Organization or Institution in the Public Services Administrative Act, 1386 (Article 3). In this paper the advisory view of the Office of Legal Affairs and Codification of Acts - one of the organizational units of the Judiciary Power in Islamic Republic of Iran - has been analyzed and the conclusion of this analysis is that the view increased the actual ambiguity in the course of the implementation of the acts governing the subject. The prescription of this article is planning and regulating the theoric legal framework for defining and classifying the public Organizations of the country and based on this framework, planning a comprehensive act for the subject.

The employer, in the contract with the contractor, the general make him responsible for compensation of all losses caused by work-related accidents. This issue is not only common in those conventions, but also in some regulations, such as the general conditions of the treaty. However, judicial and legal doctrine does not have a single position on the transfer of responsibility in this regard. Some, by referring to the principle of the relative validity of the contracts, waiving have no cause, be imperative of the rules of liability and its inextricable link with the public order, especially in cases where the incident arising from work in the field of criminal law, and the protection of the rights of the accident occurred, the parties agree The transfer of responsibility is considered to be ineffective and the employer's responsibility is subject to the rules of fault. However, according to others, this agreement is effective for reasons such as the principle of freedom of contract, the principle of the ability to assign a contract to third parties, the analogy with the “aqele and zaman jarire”, and removes the responsibility of the employer. In judging between these two points, one can consider the second view in conformity with the principles of the law and respect for the will of the individuals, by referring to the practical facts of the contracts, by prioritizing and avoiding multiple litigation in the courts.

According to the opinions of Guardian Council in controlling the acts of the Islamic Consultative Assembly, in addition to objections to the constitution and sharia, several ambiguities have been raised by the Guardian Council, and the Assembly has often taken action to resolve these ambiguities. It should be noted that the Council has not specified competence about ambiguities in the constitution and other related laws. The main question of this research is that in the face of the Guardian Council with the ambiguity of parliamentary acts, what is the best way forward? In this article, with a descriptive-analytical method, an attempt has been made to explain their advantages and disadvantages by introducing alternative options. Based on the above, the answer of this research is as follows: denying the authority of the council in announcing ambiguous objections and the unreasonable obligation of the parliament to eliminate these objections, considering the legal competencies of these institutions, do not seem to be defensible options. While acknowledging the possibility of ambiguous objections (clearly and precisely) by the Guardian Council, the parliament should also be able to explain its considerations so that if the Guardian Council finds these considerations convincing, it will deviate from its previous view; Otherwise, the parliament is obliged to resolve the ambiguity. In any case, it is necessary to formulate the relevant process in the Act of Procedure of the Islamic Consultative Assembly.

By issuing an airway bill, air carriage of cargo with small quantities occurs; however, in fairly rare situations, due to the large volume of cargo, it dose in the form of charter contract. When airway bill is used, it is supposed that the one party is in a weak position; therefore, such carriage is monitored under the warsaw and montreal conventions. Unlike the charter, completely contractual. According to this disparity, arbitration is different. So in the first case, the substantive law, the applicable law (determination of the competent court), arbitration and other cases are determined by the convention. It is as if a limited form of autonomy is accepted in arbitration. In contrast, charter based on equal bargaining power, is free from the terms and restrictions. Therefore, the parties themselves determine the substantive law, the form of arbitration, the supporting court. Airlines can start arbitration in the charter contract as well. It is far clear that there are similarities between airway bill and charter. Among these similarities, the requirements of national laws such as article 139 regarding the arbitration of state property in iran is essential. The arbitrability of air cargo carriage of contracts for, whether charter or airway bill is the same. Based on the broad interpretation of the concept of cargo in the warsaw and montreal conventions, a wide territory, including dangerous goods and human corpses encompass. The present article examines these similarities and differences.

Energy plays an important role in world trade and economy, and compliance with the rules of competition in its markets is essential.The existence of anti-competitive behaviors and situations in global energy markets, for whatever reason, must be recognized. What is important is the adoption of appropriate competition policies in order to neutralize this phenomenon and promote competition. The diversity of energy activities and anti-competitive behaviors have led to the development of various competitive policies at the national and international levels to directly or indirectly counter anti-competitive practices, in order to facilitate competition and its realization, by countries and the international community. . Of course, international energy competition law is not limited to legal measures, but also benefits from legal, competitive, economic and managerial policies, as is the dignity of the energy economy, both domestically and internationally. This article gives you a brief overview on competitive policies. Accordingly, competitive energy policies at the national, transnational and international levels are examined.

Nowadays the terrorist acts as global acts have spread as to involve all the world. Terrorist acts in September 11 2001 was a start point to vilolent reactions in the world and was the beginning of intense encounter and resulted in passing the strict statutes in countries which changed the boarders of criminal law but could not prevent these kind of actions. Emerging ISIS, as the modern version of violence and bestiality, may be a good reason to prove this idea. This fact indicates that the suppression would not be a reliable way to combat the terrorism and the soft view of criminology can be used as parallel to empower the hope for combating terrorism. This survey has been done analytically and has had a look to some of the theories of criminology and finally has achieved to this conclusion that by providing the uniformity and avoiding alienation, the bases of dialogue and civil protest could be established and the violence would be replaced by civil protest.

In recent years due to increasing the population day to day expanding urbanization and immethodically increasing of constructions green spaces specially farming lands and gardens are terribly getting destroyed and changed. because the increase of the land price and the low benefit of farming cause agriculture to be weakend and lead to the willingness of changing the land use.However the land has always been considered an important tool during the whole history and governments have been aware of its economical political and social importance and they have set rules and laws a way better use of them. Along with fighting against changing the Land use the policy that the legislator has chosen in the form of construction eradication is a suppressive one.But maintaining the use of farm Lands wont be possible just by relying on the criminal policy of repression and the witness to this subject are those aerial photographs and statistics which show the increasing trend of changing the farm Land and gardening use around the cities of our country.of course we don’t mean to eliminate the criminal prevention in fighting against this crime but also by the social and the situational prevention we can prevent peoples tendency toward changing the Land use.In this study by descriptive-analytical method first we will dealing with criminology then will propose prevention solutions of the crime of changing the use of farm Lands.