مجله مطالعات حقوق تطبیقی
سال چهاردهم شماره 1 (پیاپی 27، بهار و تابستان 1402)

Some projects are ultimately being built very differently from what the builders originally intended. Design that leads to variations in the quantities, capacities of the equipment used, changes in the priority of the works, changes in the way of access to the work front, etc., are some factors that lead to changes in the quantities and the quality of the project scope of works. The financial and time effects of these changes are in some cases significant, which causes serious controversies between the parties. It is necessary to manage these changes based on the contract documents and the preparation of the necessary documents by each party is of great importance, so that inaccuracy and non-observance of these items may lead to losses to one party of the contract. Prerequisites for publishing tender documents and determining the necessary criteria- whether they are prescriptive or performance-based - by the bidder and reviewing the relevant documents are among the issues that will have significant effects on change management. evaluating the financial and time effects of changes in the absence of a clear contractual mechanism is another problem that must be resolved in accordance with the usual procedures and rules and regulations governing the contract.

Due to the change in the world’s legal map, the emergence of new powers, and the creation of new ideas in legal philosophy, Rene David’s famous classification which is based on Western thought, has faced serious challenges. Thus it is necessary to introduce a functionalist classification in order to describe the world’s legal map. This paper, by using library research tools and relying on the factors that construct social rules, tries to classify the existing legal paradigms based on their salient characteristics. The benefit of classifying legal systems is that such classification is based on a prior understanding of similarities and differences in legal paradigms which then makes the success or failure of legal transplantation measurable. Thus, with an emphasize on the knowledge of criminal law, this paper has classified the world’s legal systems into three paradigms: the rule of professional law, the rule of political law, and the rule of traditional law. Consequently, it would be easier to transplant national systems from each of these categories by common assumptions, and in contrast, it would be arduous to transplant legal systems under different categories.

Context and When examined issues related to family, the concept and types of the family is assumed as an obvious fact. However, with deep fundamental differences between different perspectives, may be this types offered by each of the schools of thought and law do not match together. As far as in some cases, this discrepancy has progressed to the point of general contradiction. In this regard, in order to create a common understanding of the different concepts and types of the family in Islam and the West, in this paper case law of the European Court of Human Rights will be studied. Which is one of the most important human rights judicial institutions and its case law and practice in the field of international law has the legal validity. In this article the case law of the European Court of Human Rights has been examined as an example of thinking based on secular ideas. Also, the view of Islam on the issues raised in the cases of the Court was studied to explain the issue.Research  The present article, with a legal approach and based on an analytical exploratory research, seeks to answer the question that; what is the types of the family in western societies? And what do the findings, which are based on the case law of the European Court of Human Rights, what does it have to do with Islamic culture? After studying the procedure of the European Court of Human Rights and the Islamic perspective, we found that: The scope of relationships that include the legal protection of the right to family life based on the court's practice is much narrower than the concept of family or Rahem in Islam, which is under the special protection of Islamic legislator and these relationships cannot be severed under any justification. Some of these relationships are consistent with what is supported and emphasized in Islam under the title of “Sele Arham"[1]; such as the relationship between spouses, parents and children, grandparents, sisters, brothers and aunts and uncles.  Among these, some of these relationships are not only unacceptable in Islam, rather, heavy punishments are also enforced. Such as free relationship based on sexual orientation outside marriage contract and illegitimate relationship which in case of approving such relationship under ‘family’, it would lead to family breakdown and degeneration as defined by Islam and tradition and would cause disorder in nurturing children and future generations. Finally, the important point to consider is that from Islamic viewpoint, family is defined based on the lineal and marriage and the existence or absence of the aforementioned basic elements are not effective in approving or disapproving relationship within family life. However, the European Court of Human Rights procedure despite the importance of genetic relations(lineal) and relations based on marriage, the basic elements within the court procedure are determining and effective when identifying and approving relations based on family life  in such a way that in certain cases  when there are basic elements for clarifying family at court without genetic relations,  the relationship is  described  as family and even in some other cases  in spite of genetic relations,  in case of absence of basic elements, the relationship is not regarded within family life  but recognized as private life. In fact, it is the humanistic approach that in court procedure the mutual enjoyment is considered as a basic element in family and based on this notion by overlooking legal frameworks such as the principle of marriage between man and woman within family, attempts are made to change these frameworks and offer newly emerging definitions on family. Unlike the Islamic view, the concept and examples of family within the western views are variable and are described based on social norms. Hence, the courts unlike the Islamic viewpoint do not consider marriage only based on religious teachings for family formation and development as it has been stressed upon many times. Therefore, considering the absence of compatibility of this thinking with religious obligations, and the intertwining of public morality with the Iranian public interests within Islamic topics, the enforcement by the governance and its compatibility with human rights issues in Iran, it has led to protect the Islamic views for our country. Since issues such as white marriage and homosexuality and other illegal sexual orientation can in no way be compatible with the Islamic doctrine and it would seriously contradict public morality and our national interests. 1. The Principle of Continuity Devotion to Family.

Custodian law and the judicial proceeding in child custody determination as is practiced today is reformed while public view has changed about childhood and how to treat children. Reforming Civil Law (1169) Act, however, was a new approach to social demands but family law judges have faced challenges because of the best interests concept remains an ambiguous one. Many legal systems designed custody evaluation as an interdisciplinary approach to help family law judges, lawyers and other professionals to settle child custody disputes. Custody evaluation helps parties who are unable to resolve their dispute to reach an agreement about child-related issues. The article first will present a literature review with a critical view to articulate the history and necessity of custody evaluation. The goal of this research is to explain custody evaluation in a comparative study to assess the capacity of Iranian legal system to apply it. The findings show divorcing families with special issues facing such as domestic violence, child abuse need comprehensive evaluation and forensic recommendation.  Instead of the family law judge's emphasis and Iranian law capacity to apply some counseling centers to aid the judicial system in determining child custody dispute, there is still no such centers.

The sudden emergence of Covid-19 in the world has caused great concern in human life, so that the high rate of coronavirus transmission has endangered the health of members of society and provided the ground for an offense against the person in a in a different way. In English and Welsh law, where a person intentionally or recklessly transmits Covid-19 to another, without causing death, or causes a fear of transmitting the coronavirus, a form of assault is committed, and also an aggravated punishment followed in the circumstances such as committing an assault against one of the emergency workers, or with racial or religious motives. But in Iranian law, despite the fact that the crime against the limbs involves various injuries, the specific criminal title of the aforementioned behaviors, especially where they have been committed recklessly, is ambiguous; At the same time, the possibility of increasing punishment due to the aforementioned factors is unknown. Therefore, in the present paper, with a comparative method, the transmission of Covid-19 to another in the light of criminal laws of the mentioned countries has considered and solutions such as providing a specific criminal title for the transmission of dangerous diseases as well as aggravating factors are proposed.

One of the most important criteria governing the hierarchy of the administrative system is the duty to obey the orders of superior authorities. In this regard, sometimes the issued order may violate the regulation, and therefore the responsibility of the Employee to execute such an order has become one of the most important legal issues in this area and various theories have been proposed to resolve it. In the present Article, while describing these theories, its reflection in the legal systems of Muslim countries has been studied and the responsibility of Employees has been studied from both disciplinary and criminal perspectives. In addition, it has analyzed the position of our country's legal system.

The present study is qualitative research with a comparative approach that is applied in terms of purpose and library-based in terms of data collection tools. This research has been done in a descriptive-analytical manner by considering the criminal regulations and judicial procedures of these countries and their jurisprudential principles.Findings and

the results of the study indicate that in the criminal field, the legislator has used the theory of conscious obedience as a criterion. Nevertheless, the legislature, by acknowledging the personal mistake of the Subordinate, both in terms of the law and the fact, has provided a way to justify criminal liability. In addition, under the influence of regulations before the Islamic Revolution, in some cases, the theory of Passive obedience has been accepted, which is not compatible with Islamic norms. In the field of administrative and employment regulations, the legislature has followed the German approach of repetition of orders, which falls within the framework of theories of moderate obedience, although this view also includes the Subordinate's criminal responsibility toward employees subject to such regulations.

The ways of reparation of loss through “Restitution” and “Compensation”, are determined by the legislator and are guidelines for the courts. In the approach of economic analysis of law and based on the famous theory of Ronald Coase, in a situation where the cost of the agreement is lower than the cost of applying non-consensual solutions, the negotiation of the parties is an efficient way to resolve the dispute. Because everyone is more aware of their own interests than others, and based on agreement, a solution is reached that places the marginal utilities for each of the parties at the highest possible level. In this article, we diagnose Iran's tort law system by using Coase's theory. We hypothesize that by considering the approach that exists in Coase's theory, the damages lawsuits can be resolved in a faster and cheaper way so that there is much less need to refer to judicial courts. The results of this research show that Iran's legislator has dealt with liability claims in the same way in all cases, regardless of whether the cost of the agreement is lower than the cost of using judicial and administrative organizations to resolve disputes or not.

The selective distribution contract is a binding agreement whereby the supplier undertakes to supply the products to distributors selected based on certain criteria, in return for which the distributors undertake not to sell such goods to unauthorized distributors (distributors outside the selective distribution network). Due to the contract's restrictions on competition, there are concerns about its competitive or anti-competitive. In EU competition law, whether the contract is competitive or anti-competitive, a dual procedure has been adopted between the courts and the Commission. Based on these procedures, we cannot consider the contract as absolutely competitive or anti-competitive. In each case, it is necessary to analyze the contract from the perspective of competition law according to the criteria. In Iranian competition law based on the form-based approach (Article 45 of the General Policy Implementation Law of Article 44 of the Constitution law), the contract is not anti-competitive. Based on the effect-based approach (Article 44 of said law), we cannot write a single version and we must decide in each case according to market conditions and its competitive and anti-competitive aspects. In EU law, there are cases called block exemptions, which, if proven, exclude the contract from the prohibition and guarantee of enforcement of competition law, but in the Iranian legal system, there is no text in this regard. Under EU law, the deprivation of the right to distribute online from the distributor of the selective distribution network is in principle anti-competitive and its other restrictions are competitive if they are in line with the restrictions on offline distribution and otherwise anti-competitive. In Iranian law, according to Article 44 of said law, the deprivation of the mentioned right and its other restrictions is considered anti-competitive if it leads to the disruption of competition (cases of paragraph 20 of Article 1 of said law).

Mental health includes the absence of mental disorders on the one hand and productive life in the social environment on the other hand, and it is one of the important aspects of health in its general meaning. The right to mental health is realized with the cooperation of governments, and its intervention to privilege the resources and facilities that pave the way to achieve this right. The inefficiency of the legislative and executive powers in creating resources and facilities and removing the existing obstacles puts the duty of suing for violated rights of people - especially mental patients - on the board of the judicial system. The question of this research is how the judicial system supports the right to the mental health of people, which is based on examining the situation of mental patients in enjoying equal freedom with others, treatment, and promotion by searching the judgments of the European Court of Human Rights, the Supreme Court of the United States It is done by the United States and the British Mental Health tribunal. The entry of the European Court and the Supreme Court into the cases of this field is due to general jurisdiction and in line with the realization of the right to a fair trial. These two courts have done solve mental patients’ problems properly. In contrast, the British Mental Health Tribunal, which is the birth of this country's mental health law, as an independent institution, takes steps to protect the right to mental health and provides new solutions for mental patients.

In England, although the initial regulation of cultural heritage laws and the approach to the protection of historical environments was due to the legal order, But over time, the role of the common law has become more colorful through the judicial review over the administrative decisions of the cultural heritage authorities and the regulation and protection of historical environments. In this regard, the jurisdiction of the first hearing regarding the administrative decisions of the historical environment protection authorities belongs to the planning court as a special court in the field of historical environment planning, and then the decisions of this court can be challenged in the appeals court and Finally, in the English Supreme Court. In this article, by studying the normative order and judicial procedure of England with a descriptive-analytical method, we conclude that what makes the British judicial system stand out in the field of judicial supervision of administrative decisions in the field of regulating historical environments is that First, identifying the interest of the general public in the possibility of filing a lawsuit against the regulatory bodies And the special consideration of the planning courts of historical environments and then the judges' attention to the principle of public interest in preserving the cultural heritage and historical environments through judicial review.

Employing algorithms and AI in digital markets especially in pricing and collusion fields have raised big challenges for undertakings, competition authorities and scholars. Algorithms are sometimes applied as a messenger to form and monitor collusion, and sometimes they facilitate cartel as a hub among competitors. Algorithms in other situations cause parallel conducts, concerted practices and tacit collusion in pricing field and even super intelligent algorithms may collude with each other independently. Having clarified the role of algorithms in digital markets, this paper in a comparative study, is going to analyze EU and US law approaches about the role of such modern technologies in price fixing. The research shows that AI function has changed price fixing dramatically in such a way that in some situations, the competition law confronting such practices, cannot prohibit or approve the legality of pricing method conclusively, and there is a lot of disagreement among the jurists too. In our competition law, which generally suffers from statutory support and impressive precedent in solving the competitive problems of digital markets, the issue of algorithmic price fixing, especially in tacit collusion, confronts double complexities. The findings of current comparative study indicate that regardless of the necessity in revising the approaches regarding the competitive aspects of pricing in virtual markets, special attention to the role of new technologies such as algorithms and considering the legitimate rights of platforms and startups to monitor and adjust prices, in suspected cases of violations of competition law, we should take the criteria of consumer benefits influenced by the anticompetive algorithm conducts which finally result in high prices and eliminationg competitors. Meanwhile taking measures to ex-ante control of algorithms and reasonable extension of responsibility of employer- undertakings and developers have great significance.

The important business transactions are formed by preliminary negotiations. The need for extensive pre-contractual discussions comes from the fact that the two parties do not have sufficient knowledge about each other, the characteristics of goods, services, and transaction conditions, and they want to enter into a contract with good knowledge and will by negotiations. In the pre-contractual period, the two parties tell each other various things. Each party may commit significant errors in making these statements. The traded goods or services are falsely described in order to encourage the other party to conclude the contract, or the statements include mistakes, exaggerations, and inadvertent and even intentionally false statements. Some pre-contractual statements are relied upon by the audience, and with their inaccuracy, the integrity of wills is disturbed, and sometimes the validity of the contract is distorted or unstable. In this case, each party is allowed to submit documents indicating fraudulent claims and file a claim for rescission or claim for damages. On the other hand, the parties to commercial transactions are looking for certainty and confidence. During the conclusion of the contract, they try to limit or exclude potential responsibilities resulting from pre-contract period statements as far as possible, so that the possibility of termination and possibly claiming damages from the other party is eliminated. Therefore, sometimes they use the solution of "non-reliance" clause in the contract. According to this clause, none of the parties has trusted or relied on any statement made by the other party, but rather relies on his knowledge and belief.The mentioned clause in English law becomes binding by creating estoppel resulting from a statement or contract. Although invoking the non-reliance clause as a declaratory estoppel appears unassailable, contractual estoppel can be more successfully invoked by the plaintiff. Of course, the non-reliance clause does not work in the case of fraudulent misrepresentation, and no one can commit fraud against the law. In English law, the non-reliance clause must be fair and reasonable according to the Unfair Contract Terms Act, approved in 1977. Reasonableness is evaluated based on the specific circumstances of each case. The criteria for measuring the reasonableness of the non-reliance clause can be seen in the opinions of the courts.By examining the judicial procedure in America, it is observed that there are mixed opinions about the validity of the non-reliance clause and the possibility of its implementation. Courts can be divided into three groups based on the position that they have a non-reliance clause for determining the legal status: courts that refrain from implementing the non-reliance clause and base their judgment on moral prohibitions against lying or fraud. These courts assume that the parties derive no legitimate value from the non-reliance clause. The second group of courts recognize it by applying some restrictions, such as specific discussions of the parties regarding this clause. The third group are the courts that accept this clause without restrictions and taking into account the principle of contractual freedom and the sovereignty of the will of the parties.In this research, based on the descriptive-analytical method, non-reliance clause is introduced and the non-reliance clause is compared with the merger clause to clarify the differences between the two, despite their similarities. The most important reasons for including the non-reliance clause in contracts form the third part of the research, which includes prevention of lawsuits based on misrepresentation, prevention of suspension of contract execution, disclaimer of responsibility against representative's statements, facilitation of information exchange without any risk and impossibility. The contrary statement is true. The basis of the binding condition of reliance in the customary law system under the two headings of estoppel arising from statement and estoppel arising from contract are explained in the fourth section. In the fifth and sixth parts of the article, the validity of the condition of non-reliance in English and American law has been studied by referring to judicial practice and related regulations, and at the end, conclusions have been drawn from the above-mentioned materials.

On the one hand, this article aims at analyzing Herbert Hart's approach to the legal system and his attitude to international law, and on the other hand, it seeks to find the roots of the separation of primary and secondary rules in international responsibility law and presents criticisms towards this separation. The theory of international law is mixed with the criticism of the rule of law in this system. This separation was caused by an incomplete understanding of analytical law philosophy. The issue of rules in international law is not enough for this separation, and it is not clear exactly where the position of other rules is in this system. The context of rule-making in the international community is so complicated that it is not possible to simply differentiate between rules in this order. This distinction can be drawn in the best case in a positivist tradition. This article, based on the mainstream critical approach in international law, aims to investigate the relationship between the demarcation of primary and secondary rules in international responsibility law with theories of rules demarcation in the theories of Herbert Hart and Hans Kelsen.

Diagnosis of trademark infringements in case of similarity is not easy to do; Achieving such a diagnosis must be done with time and accurately. The criterion of infringement in this assumption is the likelihood of confusion of buyer, and the Iranian legislator in the Act of registration patents, industrial designs, and trademarks adopted in 2007 has stated that with using a fairly ambiguous term (public confusion). But the law is silent on two issues, and from this point of view, this research is felt, and We will deal with this issue in a descriptive-analytical manner, relying on the procedure of US courts, and in particular US doctrine. The question is, first of all: What should be the subject of the buyer's confusion, and how and at what time? Secondly, on what factors should the judge justify the existence of the condition of the likelihood of confusion or not? In addition, how to prove the existence of actual confusion or not and the impact of this issue on the condition of the likelihood of confusion is examined.

The purpose of this paper is to explain the position and role of public policy in international commercial arbitration and to find the answer to the question of what is the relationship between public policy and mandatory rules? This study indicates that despite the existence of a series of similarities between public policy and mandatory rules, these two concepts are different from each other. Thus, public policy is not only an obstacle to the implementation of arbitration awards, but also mandatory rules can become a serious obstacle to the implementation of arbitration awards. In addition, the quality of performance and mechanism of these two legal entities with international commercial awards are also different when faced with international commercial arbitration awards Public policy is one of the most fundamental and well-established concepts in the history of law. Regardless of the differences in the definition of public policy, it can be considered as the most important obstacle to the implementation of arbitration awards.

One of the divisions of jurisdiction of criminal courts is the division of these courts into Courts grade one and Courts grade two. Relative jurisdiction is studied as another kind of criminal courts jurisdiction beside local and inherent jurisdiction. In Relative jurisdiction, Courts grade one deal with more important crimes by multiple judges and Courts grade two deal with less important crimes by single judge. In Iranian law according to criminal procedure code 1392, Relative jurisdiction is accepted in both general and special courts. In English law, also, Relative jurisdiction of criminal courts accepted such a way that the crimes, based on importance, divided into three parts: Indictable offences, Summary offences and Offences triable and this will be heard either by Magistrates’ Court or crown court accordingly. In addition, in the law of both countries, relative jurisdiction in the retrial is also provided and these courts are divided into two categories.

Since its earliest elaborations, international humanitarian law (IHL) has treated international and non- international armed conflicts differently. The consequence of this difference is that the former (conflicts between two or more states) have traditionally been regulated far more comprehensively than the latter (conflicts between states and non- state armed groups, or between such groups). In light of the post-1945 shift that has seen non- international conflicts become the norm, this distinction seems particularly anachronistic. This differentiated approach to the regulation of armed conflict is particularly stark with respect to preventive, security detention or ‘internment’, defined as a deprivation of liberty ordered by the executive on the basis of future security threat without criminal charge. International Human Rights Law (IHRL) preserves the minimum standards of a dignified life for human beings everywhere and at any time. Detainees of non-international armed conflicts (NIAC) are considered to be one of the groups that due to their conditions are in a vulnerable situation and need special protection of this system. As in contemporary international law the members of this group are not combatants and consequently, are not regarded as PW, they do not enjoy the protections in Geneva Convention III. Accordingly, the necessity of protecting them in IHRL seems to be more clear than ever. Although there is no instrument and organ which independently and specifically deals with the protection of detainees of NIAC in the framework of current IHRL, searching the general human rights system and its related provisions and standards may lead us to some protective measures and rules for these individuals. The present article, through a descriptive-analytic method, aims at studying the protections afforded to this group in IHRL and Serdar Mohammed case. The case of Serdar Mohammed v. UK Ministry of Defence, through a somehow comprehensive analysis of subjects and topics about detention as a whole, has outlined many core legal issues surrounding the protection of detainees in NIAC. It has shed light on less-clear aspects and layers of this serious challenge for protection of dignity of human beings in the current conflicts of different parts of the world and specifically the Middle East. Reliance of the contemporary international law foundations on the state-centered Westphalian system and the difficulty of adhering non-state groups, are among the main challenges meeting the protection these individuals in IHRL. Furthermore, promoting the protection of groups such as women and children that are facing with double-vulnerability in the detention status in NIAC, is considered to be one of the inevitable requirements for effective protection of this group. In this regard, introducing a collection of applicable substantive and procedural laws that both direct the acts of sates and non-state armed groups and protect the rights of injured persons becomes an absolute necessity.

Proposing and proving the theory of representation in Iranian and French law is only for the purpose of proving the possibility of concluding a contract by another means. After that, topics such as assigning the main and secondary works of the contract or, in other words, attaching the rights and provisions of the contract to the overt and hidden actors of the contracts (representative and proxy) and the possibility of third parties referring to them, were debated by Iranian and French jurists in a way that in There are numerous examples of similar transactions in Iranian law and in French law, contracts such as a transaction with a borrowed name or a hidden contract that results from the implementation of incomplete representation, the subject of Article 1154 of the New French Civil Code; There is a lot of disagreement and the agency theory does not answer all the issues raised in different examples of exchange contracts. Designing the theory of "assignment of contract" in order to establish the attribution of the main effect of the contract and to create a direct relationship between the main actors of the contract and to assign the secondary effects of the contract to both the overt and hidden actors of the contract in order to create the right of third party to implement the secondary effects of the contract to both the overt and Concealed contract is considered a new theory with high efficiency and was approved by the French legislator in Article 1201 of the Civil Code of 2016, and as a result, it is in line with the French law of new obligations and organizes and creates a single procedure in referring third parties to the explicit and implicit parties of the contract in various cases. Transactions will be mentioned and this theory does not have the objections raised in the traditional debates raised in Iranian jurisprudence and law, such as transferring the original work to the obvious actor and then transferring it to the hidden actor.

In countries that enjoy local decentralization, city councils are elected by the people as a local body to expedite social, economic, developmental, health, cultural, educational and other welfare programs. The municipality of each city is the executive arm of these councils. In fact, the municipality implements the policies and decisions of the city council. However, there is always the concern that the municipality to be unable or unwilling to implement these policies. Therefore, the supervision of the city council over the mayor and the municipality is an important and fundamental issue and this study tries to answer this question: How does the city council supervise the municipality and what are the similarities and differences between the city council's supervision of municipalities in Iran and Canada? In response to this question, using descriptive and comparative method, it was concluded that although the government system of the two countries are fundamentally different; the former is a unitary states and the latter is a federal state, but in both countries the mayor is appointed as an executive director by the city council. Therefore, the city council monitors the proper performance of the municipality; a priori, during execution and posteriori. by appointing the mayor, setting policies and programs, appointing municipal officials, approving the budget and municipal transactions, monitoring revenue and expenditure accounts, supervising public services, settling of the budget.

The Parliament is an example of a society in which the determinants of its size have been less studied. The present article hypothesizes that determining the number of seats in a legislature is a balance between efficiency and representation. One of the important components to achieve the desired efficiency is to have enough people with the necessary expertise to perform the tasks. In case of shortage of personnel and consequently, lack of necessary specializations, the group will certainly not achieve the desired efficiency. Also, the larger the group, the greater the proportion of votes to the number of seats, parties, and representatives of the smaller groups. Based on this, the current research tries to investigate with a scientific-analytical approach through the demographic statistics of the parliaments of different countries, what is the relationship between the number of parliamentarians and the efficiency and representation of that parliament? Also, with a secondary question, after comparing the conditions of the Islamic Council of Iran with other countries in this category, it is tried to check whether the requirement of the two important duties of legislation and supervision (based on principles 71 and 76 of the constitution) with this Hasn't the number of representatives caused excessive use of Article 85 of the Constitution? According to the results, Iran's parliament ranks 236 among the 239 parliaments in the world in terms of the number of representatives. This issue can have a great impact on the efficiency of the parliament and also on the matter of representation.

Conducting performance audit and upgrading the cost accounting system of government services are two approaches derived from the standards and financial system of the international community, which have been around a decade since their introduction and the legal requirements of their implementation by the executive bodies and especially the supervisory body of the Court of Accounts in the country. passed, but this implementation in the real world has failed so far. However, looking at the functions of the supervisory body similar to the French, which is basically at the service of a government system that considers rule of law and trust in all its activities as basic values, dealing with these legal matters does not face major challenges. It is an issue worthy of attention, the cause and why of which is the content of the conducted research. Therefore, in this research, the sources of which have been collected in a library method and subjected to a descriptive - analytical examination, an attempt is made to find out the cause of the issue from the perspective of public law and with a relatively deeper look at the intellectual-philosophical foundations of these approaches in the legal system. Ruler of the government and supervisory body of origin in France. The results show that what is carried out by the executive bodies and the Court of Auditors in France is part of a complex and chain system of fundamental principles and concepts and historical traditions of highly centralized administrative management and the culture of the legal state strengthened by It is the Napoleon era that can still be applied at the level of government governance, and due to this administrative culture, national accounting has adopted more or less different solutions from extraterritorial standard-setting institutions. But in our country, intellectual reflections on public law have not yet created a specific legal system that matches the administrative-financial needs of Iranian society. For this reason, the implementation of the discussed approaches, which happen to be in an eclectic order of the western legal and financial tradition, cannot help the two categories of “being in place” and “being efficient” in the supervision of the treasury.

The methods for collection and presentation of evidence are one of the most important concerns of the litigants and arbitrators, in order to prove the claims raised in international commercial arbitration. The position of different legal systems is not the same  regarding these methods in the assumption of the silence of the litigants. One of these methods is the possibility of demanding evidence by the arbitrators without the request of   disputing parties, which is known as the taking of evidence in a special sense.There are different opinions in regard to this matter. The most important reason for opposing to the taking of evidence  is its conflict with the principle of arbitrator's impartiality. On the other hand, the supporters of this method consider the discovery of the truth and just settlement of the dispute as a permit to the taking of evidences. Through the examination of the rules related to arbitration in different legal systems and organizations, it was found that it is possible for an arbitrator to take evidence in certain circumstances. This article, in parallel with the study of the arbitration rules of the legal systems in Iran and the United States of America, as well as the rules of Iran and the United States claims tribunal, analyzes the rules of the International  Bar  Association (IBA) in this regard and tries to introduce some criteria for the taking of evidence.

The fulfillment of contractual obligations has always been considered by the legislators and the parties to the contract as a principle that helps to strengthen the contracts. The legislator has envisaged various solutions for the compulsory execution of the contract, and the parties, having such concerns, have been in a position to meet the conditions of the contract, such as the condition of termination or conditional termination of the contract on non-fulfillment of obligations, including have been. The basic nature of the dissolution condition is based on the non-performance of the contract. In recent French legal amendments and line with other EU laws and regulations, the termination clause, which was previously recognized by jurisprudence and doctrine, has entered the legal field. There is a legal gap in Iranian law in this regard because the Civil Code in Article 264 does not mention it as one of the causes of the fall of the obligation, in addition, jurisprudence does not have a clear statement in accepting this legal concept. It seems that according to the general legal and jurisprudential principles, the condition of dissolution is acceptable. But this power must be given to the judge as a measure of the condition of an unjust termination so that contractual justice is not jeopardized.