نشریه حقوق و مطالعات نوین
سال چهارم شماره 2 (پیاپی 11، تابستان 1402)

The principle of sovereignty of the will should be considered as one of the most fundamental principles that ever existed in the world of law, and in fact, it should be considered as a kind of guarantee of the health of relationships between people. This principle, which is often evident in contractual relationships, is used thoroughly except in exceptional cases and forms the basis of contractual relationships. The marriage contract laws, which according to the legislator is considered a contract, despite having several mandatory laws, in many cases were compiled on the basis of this principle and due to the supplementary nature of the rule, it can be done by the will of the persons regarding decision making. In the present study, the influence of the principle of the sovereignty of the will in the two stages of concluding a marriage contract and its effects has been investigated, and the crystallization of this principle has been examined in the light of law, jurisprudence and international rules. some different opinions about the presence or absence of this principle in the marriage contract have also been expressed, and at the end, the conclusion of the said discussion has been discussed.

One of the new problems that can be investigated from different aspects is the problem of new methods of fertility in artificial way. Masaleh intoculated the artifacts were first carried out on plants and animals, and little by little it was done on humans and had positive results. Considering this success, it can be said that artificial intociality can solve the problems of many families who are deprived of the blessings of having children. But like other new issues, it has caused concerns and disagreements. This issue is not only important in terms of legal aspects and its moral and social aspects may be more important than its legal aspect. Artificial inconsideration against natural fertilization is the combination of male sperm and female eggs – whether couples or foreign couples – to coagulate and fertilize the sperm by any means other than intercourse. This combination is either in the uterus or outside the uterus. In general, from the point of view of holy religion, in the practice of artificial fertilization, preparations should be avoided as prohibited, such as non-mahram contact or gaze, etc. Therefore, the question is what is the relationship between the confidentiality of the transferred embryo and the recipients and donors from a jurisprudential and legal perspective.

Today, natural persons have appeared directly in international law to some extent, and because of this legal presence, they have been granted rights and responsibilities have been placed on them. Of course, having rights and responsibilities in the international arena by individuals requires that we consider them subject to international law, even though they are passive subjects, and although there have been and still are opposing views in this regard, it is the current practice in the society. Today's international community has recognized the status of natural persons as subjects of international law, and the application and implementation of these international rights and responsibilities is proof of this claim. What this article follows is to examine these rights and responsibilities related to individuals in international law from a historical perspective and the developments related to each of these issues in terms of the concept, nature and mechanisms related to each case. to provide a more comprehensive analysis of the rights and responsibilities of individuals in the international arena and the performance of the international community in this regard, as well as a more detailed analysis of the position of natural persons in international law. In fact, in this research, two aspects of an individual's presence in the field of international law are investigated; One aspect of it is human rights in international law, which was raised as an international issue since the beginning of the 20th century, and the other is the responsibility, especially the criminal responsibility of the individual, which is slowly moving to become an issue of international law.

Crime, crime and fear of crime are common and widespread concerns in different societies; Various measures have been adopted over time to deal with crime and disorder. Except for a few Islamic countries, which have had a significant tendency towards various preventive measures in accordance with the Islamic criminal system, in other nations, these measures have been reactive and repressive and have appeared in the form of punishment and have been applied through the justice system of the judiciary. . In the recent and current decades, the inability of the justice system to solve the problem of crime and insecurity has become clear to everyone, and unfortunately, this fact, as well as the staggering and huge costs of repressive measures, have forced policymakers in the legislative field to use preventive measures. . Over time, preventive measures have clearly shown their effectiveness in preventing crime and dealing with crime and insecurity.

The Securities and Exchange Organization is the institution that oversees the proper implementation of the Securities Market Law of the Islamic Republic of Iran, and the task of preparing and compiling the executive instructions of this law is also the responsibility of that organization. By developing some guidelines, the organization has granted powers to the stock exchange, which are basically given by the legislative body to judicial or quasi-judicial authorities. According to Article 30 of the Civil Code, transactions that meet the basic conditions of validity of the transaction according to Article 190 of the Civil Code, and the parties to the transaction have not considered a suspensive condition for their transactions, are legally correct and effective. Violation of non-mandatory rules by one of the transaction parties is not a valid reason for canceling the transaction by the exchange and violating the rights of other transaction parties and third parties. The stock exchange can prevent this type of transactions by using software infrastructures and creating restrictions, or deal with the wrong person with disciplinary behavior. Giving the authority to cancel correct transactions to the stock market as a non-judicial authority is against the general rules and legal custom.

Despite the government's efforts over many years, guilds have been largely unsuccessful in achieving their main position and role in society. These defects are the product of the existence of insufficient, general, conflicting and ineffective laws, and the other major part is the result of the failure to guarantee this issue in the eyes of law enforcers, including judges. Therefore, it is important to check to what extent the judicial authorities have been successful in guaranteeing these rights. ? Authorities such as the Court of Administrative Justice, despite the partial support of the rights and freedoms of this field, around the main examples of trade union rights such as; The restrictions on joining the guild and employment, organizations and other rights have not reached a specific procedure. In this research, with analytical-descriptive method, we conclude that this confusion is also present in the rules section. Therefore, by giving more autonomy to judges, amending, clarifying and updating the laws and reflecting it in the unanimous decisions of the General Board of the Administrative Court of Justice, empowering and not taking over by the government, we can hope for better protection of trade union rights and freedoms.

A look at the formal and substantive structure of all governments in general and governments as executive powers in all countries, shows that since the formation of the classical structure of the state-nations until now, except for the two pyramidal political structures at the top of which there is one person as a king, leader or president. The government is for life and another structure that is divided collectively and the distribution of power between various groups and public legal entities, such as the president, prime minister, or the cabinet, we do not know any other form of governance. Until two decades ago, the exercise of the sovereign power of the governments within the specific, limited and walled borders of specific countries with a specific population, which are continuously monitored and controlled by national code, eye color, fingerprints, mobile phones and microchips in bank cards. The classic structure of the state-nations was the answer. But the debate is about where the fate and future of the governments will go in today's shrinking world and the global electronic village? Is it possible to limit a nation within the geographical boundaries to choose a single system and specific people who will be governed by the law and the guarantee of the legal implementations that they wrote themselves and that they can cancel, amend, cancel.People within the borders only have the right to stay and choose one among them or go and endure another law and other compulsion in another place and other people! So what is the assignment? What kind of legal compulsion will the future governments force the nations? Now that the combination of the general desires and wills of the nations and the form of fulfilling the needs have changed, what form and structure will the future governments take?

Reconciliation and tranquility are the appetence of all nations; however, throughout the world, we are bystanders to the occurrence of novel strife and conflicts. Regardless of the reason of what is the cause for starting or continuing these conflicts, individuals with the minimum facilities that have to protect themselves get involved. The most common and vulnerable of these groups are children; in fact, they sacrifice their innocent childhood days to brutal wars. And these wars cause serious damage to their mental and physical health, making this group the most vulnerable among the others. Children are the most obvious example of defenseless individuals experiencing gun brutality. In the meantime, international humanitarian law has provided extensive support and protection to children during human and inhumane armed conflicts. If children are not directly involved in the conflict, they will benefit from the general conservation provided for civilians, and while they encompass adaptive behaviors with human rights, they will receive advocacy from current laws and regulations governing behaviors toward the foe.On this basis, humanitarian law includes protection mechanisms (both general and specific) for children from the start to the end of their armed hostilities, with the goal of reducing small and large armaments for the benefit of children. In this research, an attempt has been made to examine the protection of children from the perspective of international humanitarian law.

The discussion of certainty and certainty of punishments in crimes against drugs and psychotropic substances means that when a person intends to commit a crime, what is the probability of his arrest from the stage of detection of the crime, and according to this, what is the probability of punishment and the completion of all There is a punishment in the judicial process for the perpetrators of crimes related to narcotic drugs and psychotropic substances, which during the investigations carried out by the author by examining the apparent and actual statistics of crimes related to narcotic drugs and psychotropic drugs committed in the period of 1398 and 1399 in In Alborz province, it has been determined that the degree of certainty and certainty of the punishments according to the statistics obtained remains like an iceberg in which only the snow on the tip of the peak is visible, and this issue increases the number due to the increase and usefulness of committing a crime against the punishment. crimes and reduced deterrence of punishments

One of the solutions to prevent corruption in the organization and preventive measures of administrative corruption is whistle-blowing; But whistle-blower activists are always faced with pressures and threats, and organizational and legal support for them is necessary. Our goal in this article is to investigate and explain the jurisprudential and legal foundations of whistle-blower activists with a comparison to the laws of Iceland. The research method of this article is analytical-descriptive. The results showed that disclosure in the form of whistleblower activism is a necessary and universal duty; Even based on positive jurisprudential principles such as the rules of enjoining what is good and forbidding what is evil, expediency, respect for people's property, and negative principles such as the rule of sanctity of the spread of prostitution from a jurisprudential point of view and in accordance with the laws of Iran, it can legitimize this work and play a role in regulation. To have a bias in the field of women's whistle activism. Despite all the necessities expressed in the principle of activism and their support, the method of this activism is not limitless and necessary, especially in the category of desecration of believers and issues related to economic and financial corruptions, which have a general and macro aspect. Its principles should also be observed, otherwise the activist, while being infected with sin, may cause greater corruption such as disrupting the system and trampling on more important interests. Also, according to the laws of the country of Iceland, the activists must disclose within the organization in the first stage, and then with conditions such as lack of results and public benefit, and based on the principle of good faith, they can start external disclosure in the extra-organizational model through mass media and virtual space.