نشریه حقوق و مطالعات نوین
سال چهارم شماره 1 (پیاپی 10، بهار 1402)

Financial institutions in the capital market are related to other components of this market or among their elements based on laws and regulations. Violation of these laws and regulations causes anomalies in the system that governs them, which can lead to crimes or violations and lead to legal prosecution and, accordingly, punishment and disciplinary punishments. Sometimes, disputes may arise between the elements of financial institutions in relation to each other or third parties, which are not necessarily caused by the violation of criminal regulations, but harm their order and efficiency. Anyway, in order to guarantee the rights of investors and regulate the relations of their other components, in addition to the set of rules and regulations, the guarantee of judicial and quasi-judicial enforcement is also provided in the laws and regulations. In this article, let's examine the nature of the Stock Exchange Arbitration Board and its position in Iran's judicial system, the limits of its jurisdiction, the ability to protest votes, and the possibility of requiring the issuance of a warrant if necessary conditions are provided.

Iran's judiciary is an independent authority that supports individual and social rights and is responsible for realizing justice in the country. The head of the judiciary in Iran is appointed by the leadership for a period of five years, who must have special conditions according to the constitution. After the victory of the Islamic revolution in 1357, Iran's judicial system changed a lot, so that now Iran's legal laws are based on Islamic laws. Islamic law has been established, the entire legal system of Iran from the Supreme Court to regional courts and local and revolutionary courts is under the authority of the Ministry of Justice, but in addition to the Minister of Justice and the President of the Supreme Court, there is a person as the head of the judiciary. But on the other hand, Turkey has accepted the legal system (civil law) and replaced the Ottoman laws and sharia courts, the civil law was approved in this country in 1926, which is based on the Swiss civil law in 1907 and the Swiss law of obligations in It dates back to 1911, although this law underwent changes in 2002, but it has retained much of the basis of the original law, in general, the Turkish Penal Code, which was originally based on the Italian Penal Code, was amended in 2005 with laws with similar principles to the law. German penal law was replaced, and the country's administrative law is based on procedural laws, which generally reflect the direct influence of the Swiss, German and French legal systems on the country's laws.

In civil law ,a guarantee guarantees the collapse of a debtor religion and its transfer to the guarantor or cause the guarantor and the principal deptor to be liable for the payment of the religion respectively or together,but in trade law,the parties can guarantee the guarantee on the basis of the transfer of religion or solidarity or the bond of religion is complicated. Securing contract,transferring the responsibility of the subject (debtor)to the responsibility of the guarantor ,and for that purpose ,the guarantee of the contract is said that its holding needs to be accepted and accepted.acceptance by the guarantor and acceptance by the subject. In the guarantee of a contractual guarantee,contrary to the contractual guarantee,the intention of the committed person is not effective and it is the basis of guaranteeing the law.the guarantee of a contract is the effect of the contract of a commitment to pay. Exchange guarantee is a commitment to pay a certain change for a receipt.againtsan exchange guarantee,there is a real guarantee.

Insurance is one of the most effective factors in the economy of any country, especially in the world economy level, which in addition to financing commercial companies, provides them with economic security through the provision of insurance services that cause greater mobility and dynamism in international markets and can be He called it one of the indicators of the development of any country in the world markets, Accounting to the purpose of the research, the method used is description_documents whose information is collected through a library.The finding of this research show that 1) in addition to paying damages, the most important role that insurance can play in international trade.The increase of national capital is the countries that use this type of industry 2)The liability of the insurer will pay up to the amount of its commitment and the excess will remain the responsibility of the policyholder,3) Iran's law and judicial procedure regarding criminal offenses, insurance is based on the punishment of imprisonment and its alternative.

Nowadays, Technology is a grand narrative in our world which has made fantastic changes in human’s life by progressing in hardware and software fields. It should be said that the current development of the digital environment, such as: information and communication technology, networks, contents, digital services, virtual reality, artificial intelligence, robotics, the creation of blockchain technology and the emergence of the metaverse platform play a role in different aspects of today’s children lives. In addition, with spreading of COVID and the increasing the usage of virtual world which has played an effective role in the production, dissemination and transmission of educational and entertainment information, online accessibility level has been raised up for different groups of society such as children. Meanwhile, children’s rights as the most vulnerable part of the society has been more likely in danger of abuse and assault. Today's children spend too much time for educational, recreational and entertainment activities on the Internet and digital environment. And they are exposed to all types of dangers and threats. The topic of protection of children and teenagers rights is really noticeable and should be support by all governments, civil institutions and other custodians of children's affairs. This survey tries to answer to these questions: Who is the child? What are the effects of the digital environment in his life? What legal and structural mechanisms are accessible in international and local environments for protecting children rights in digital world.

Upon delivery of the goods to the buyer , the exchange guarantee or the risk of loss or damage is transferred from the seller to the buyer, but before handing over , despite the transfer of ownership ,this guaranteeremains the responsibility of the seller. The obligation of the seller to deliver the goods is one of the provision of the contract,and with its disappearance,the seller,s obligation is lost,and the survival of buyer,s obligation to pay the price is contraryto their common wishes ,because the transfer of ownership alone does not fulfill his expectation and is in line with the spirit of the contract .it is contradictory. The terms of exchange guarantee1.the subject of the contract of sale must be the same thing2.the damage must be before delivery3.the damage must be due to an external accident. Various theories have been put forward to justify this rule ,which is known as the loss of the seller before receipt ,which has different practical effects.by evaluating these theories ,this article seeks to find a legal basis that is appropriate to the nature of the said rule.

Real multiplicity realized as one of the types of multiplicity of crime due to multiple criminal behaviors. The actus reus of some crimes consists of multiple criminal actions, but sum of these actions, in law, leads to a single criminal title and excluded from the concept of multiplicity. This similarity is sometimes due to the multiplicity of independent criminal acts; Like many criminal acts that form a part of the actus reus of crime of corruption in land, and in some cases, due to characteristics and legal nature of these acts, like actus reus of continuous crimes. This similarity with the absence of specific legal regulations sometimes cause challenges in identifying, separating and determining the appropriate criminal response. The correct identification and separation is important in the punishment selection stage and determining level of response to criminal behavior due to the legislator's attention to the fundamental concepts of clinical criminology such as dangerous state. Paying attention to The manner of assembly of the components of the actus reus, the disappearance of the previous behavior in the later and the Decomposition of behavior to the validity of decomposability of subject are the criteria introduced in this research, then the way the legislator reacts in the context of judging the concept of state It is dangerous. Also, has led to the identification of some examples such as corruption in the land, Baghi, attack and looting of property in a collective manner, which will not be under any of the mentioned common concepts.

having the widespread use of virtual facilities and the provision of access to people's personal information and data, on the one hand, these data have become a valuable commodity for economic enterprises and governments, which provides them with the possibility of economic or security exploitation in various ways, and on the other hand, It has provided the basis for the invasion of people's privacy, for the simple reason that people may not be aware of the collection of this information about themselves or do not know the reason for the collection of information. The nature of application software in the continuous collection of user data and unannounced uses of this data, along with the need to protect privacy, has made government intervention and regulation in this area inevitable in order to protect the rights of citizens. The present article aims to examine the status of international regulations in this field and the approach of the domestic legal system, considering the protection of this data as a citizen's right and the duty of governments.

International trade rules (Incoterms) are a set of rules and regulations that are a reference and guide for people to import and export in international trade. This article examines the hypotheses presented in a descriptive-analytical method with the aim of investigating and studying the international methods of transporting export and import cargoes with Incoterms rules to study the position of Iran's shipping and maritime trade at the time of international sanctions, considering Incoterms on transportation and Iran pays. The findings state: the increasing increase of transportation at the international level and its undeniable role in international trade is a category that requires mutual understanding of the interlocutors of the laws of Incoterms and the international sale of goods of the extent of the obligations and responsibilities of the parties in the contracts.The results show that the maritime transport industry has a great impact on cross-border exchanges, especially the trade and commerce of our country. Iran's shipping fleet is a large marine fleet that operates in all international routes of the world with several advanced ocean-going ships. Although it has faced the reduction of the profits of maritime transport by creating cruel sanctions and the current pressure on the shipping industry, the Islamic Republic has made great progress in the construction of vessels and huge shipyards, the way of progress and development of this industry is moving forward to its exaltation point. Do not doubt that Iran's maritime transport industry can inject rich profits into the country in the coming years.

Construction contracts consist of high level of tasks and financial commitments, complex technical, legal and economic issues. With signing these type of contracts, various obligations are formed between two parties and even third one. The large volume of financial transaction is possibly made and performance of the parties in regard to fulfil the scope of the contract can have many financial-economic, technical and legal effects for the obligees, third parties, beneficiaries, users and the entire society and macroeconomics of the country. The common aspect between construction contracts is their text generally follow the specific and uniform conditions. In this uniform conditions, right to terminate or cancellation as a cause of dissolving the contract has always been at the center of attention. Based on this, in case of fulfillment of the special conditions listed in the contract; The agreement or contract is terminated and the termination of the contract has effects that will be effectuate after exercising the right to termination. It is worth mentioning in construction contracts, the relations between two sides is not limited to regulation of contract's obligations and rules, but beyond that, the implementation of these obligations and rules should also be considered from a legal perspective. Therefore, this research accurately and concisely shows what the conditions for termination of the contract are in different types of internal and international construction contracts, and illustrates the legal-financial and economic consequences of exercising the right to terminate in these types of contracts.