نشریه حقوق و فقه تربیت و کودک
پیاپی 14 (تابستان 1402)

Warranty in the economic system has the advantage that manufacturers increase the quality of the supplied product in order to reduce the costs caused by the responsibility for product defects, which will benefit the rights of buyers and consumers. The following article tries to explain and analyze the nature, types, conditions and legal effects of the guarantee condition from the perspective of jurisprudence and law by using the analytical and descriptive method based on library data. The results of the research indicate that the guarantee is contractual, additional, contractual, not possessive, separate, not suspended, secondary, not main, continuous, not the one that is usually compensated, and as a modern legal institution, it has a more supportive role for Provides support to consumers. It is necessary to monitor the contracts of products with warranty by the executive and legislative branch, because on the one hand, the guarantees, which are often presented in a deceptive manner and appear to bring more benefits to buyers, may be replaced by additional and mandatory terms of the contract instead of general rules. The responsibility is to harm the legal rights of the buyers and on the other hand, the manufacturer, in order to attract more customers, provides guarantees that he does not intend to fulfill the obligations arising from them.

Haq means dominion and authority, and wealth refers to something that traditionally has economic value. The right that gives the financial holder the possibility of expropriation and any type of legitimate possession is called the right of ownership. This right is the most important and complete objective right. In many different societies, property is considered a sacred right, and also in Islam, the private property of individuals has a high value, and the position and authority of the mentioned right is mentioned in several verses of the Holy Quran. Since ownership in different societies and legal systems is of great and undeniable importance, that is why the limits and effects of it have continued to be debated and disputed. The benefit from the same property is obtained gradually, for this reason, some jurists believe that in leasing, possession of the benefit is not necessary and the full possession of the tenant is a condition. Some other jurists consider it a condition to give consent to the tenant for usufruct, which according to the examination and understanding of the basics, we come to the conclusion that during the contract, the future benefit should be assumed in the existing order.

Prohibition of forced labor is one of the important principles of human rights, which is considered in international and regional documents as well as in the relevant laws of Iran. Prohibition of forced labor is excluded in cases such as public duty service, partial public service and forced labor in emergency situations. The guarantee of the implementation of the prohibition of forced labor is specified in Iranian law, especially in the labor law, the law against human trafficking and several other laws. It has been addressed in international documents and in the statute of the International Labor Organization. Articles 22 to 34 of the Statute of the International Labor Organization have provided provisions to guarantee the prohibition of forced labor in the member countries, but the guarantees provided in the laws of Iran are more effective than the Statute of the International Labor Organization, because the government, having the necessary elements for Punishing offenders is in a better position than international institutions. Therefore, in this article, we try to discuss forced labor in Iran's labor laws and international labor conventions with descriptive-analytical method and library study.

One of the important topics of English contract law is the topic of exception or exemption clauses. Regarding the analysis of the nature of these conditions, two views of form or defense and substance or description have been proposed, which are examined. Regarding the philosophical and interpretive foundations of these conditions, it should be seen that firstly, what are the exceptions to the principle of freedom of will in English law based on the protection of the weaker party of the contract, and secondly, what schools and approaches exist regarding the interpretation of exemption conditions. Most of the schools in this field have an approach to protect consumer rights and include the schools of formalism, realism, free market, and consumerism. Also, the rules of interpretation of the said terms are also called the rule of main purpose and interpretation against the designer, and the main function of the said terms is the allocation of contract risk and responsibility distribution. On the other hand, there are many controlling tools regarding exemption conditions that limit the scope, scope and effect of these conditions. In fact, it should be seen what are the mechanisms foreseen in English law to monitor these conditions, and in this context, the opinions of legal scholars and different laws are examined. The doctrine of fundamental violation and refinement are the most important theoretical control tools, as well as the law of unfair contractual conditions, the most important legal tools to control these conditions.

Today, the issue of Islamic unity in the country is important in terms of national security as well as in the criminal law system. Because the realization or failure of this component can have positive or negative effects on domestic or foreign security. Therefore, in the present study, which has been done in a descriptive -analytical and library -based research, the effects of supporting the component of Islamic unity in the discourse of the Islamic Republic of Iran from the perspective of national security can be fully freedom of Islamic religions and religions. Constitutional in the constitution in religious ceremonies and personal situations; Naming the Week of Unity and Quds Day; Establishment of the World Assembly of Approximation of Islamic Religions; The sin and forbidden of any speech or behavior that causes divisions between the Muslims (according to Imam Khomeini's fatwa and the supreme leader); From the perspective of the criminal system, he referred to the criminality of "Saban al -Nabi", "insulting Islamic sanctuaries", "insulting Islamic religions or religions" and "propaganda against the system or in favor of opposition groups".

In most cases, it is unilateral legal action and requires an essay, and in some cases it is also non -legal, but the payment is not a different issue with the subject of commitment and its receipt by the obligation, but a two -way legal act, requires two wills and in nature. It is a contract and it is possible to pay a new subject to the commitment and receive it, and is similar to objective contracts and can be achieved solely by paying a new subject (bills) without prior agreement. On the other hand, it is a subordinate contract because it arises as a result of the previous contract and commitment. Because as soon as it is coagulated, it is executed and terminated and does not make a commitment and, on the contrary, overthrows the commitment and cannot be terminated and the condition cannot be inserted in the same way. In this contract, the parties' agreement, the conclusion and implementation of the contract, the collapse of the commitment before its implementation, and the dedication of the commitment of the commitment will all be realized at one point. The intention and the satisfaction of the parties are part of its essential pillars. It has two works in such a way that it both causes the pledge and independently causes the commitment to fall. The validity of this legal act is obtained in accordance with the principle of the sovereignty of the will, Article 10 and 275 of the Civil Code. Regardless of whether the subject of the obligation is the property, the verb or the verb if the new subject is the property by submitting it, if the verb is done by doing it and if the verb is not done by not doing it (with the consent of the Daen), the researcher and owner owed Compared to the main subject of commitment. The best title for such a contract is "changing the subject of commitment". Unlike the conversion of commitment here, the commitment is not changed, but merely the subject of commitment changes, and there is no time gap between the collapse of the obligation and the creation of this legal act, and both will be realized at one point.

The construction industry has great criminal potential. In some cases, the crimes committed in the construction industry are formed by government behaviors or policies, and their occurrence is practically impossible without the direct or indirect intervention of the government, public institutions, and sovereign decision-makers. This article has been compiled using the descriptive-analytical research method and using library sources, and with the approach of state-corporate crimes, it examines the emergence and impact of "criminal industrial structures" in the construction industry in connection with the decisions and interventions of the government. which is vital for the development of critical criminology discourse. And it can provide a clear framework for identifying the causes of crime and criminal policies in dealing with state-corporate crimes. Finally, it became clear that what drives the government to a criminal coexistence with the private sector is the diminution of the executive position of governments in economic and social relations, because today governments mostly play the role of supervisors and definers of processes, and it is the private sector that responds to economic needs. The society responds and the government expediency requires the government to take steps in line with the private sector.

Explaining the concept of the UAE, examining the foundations, and its arguments, one of the most important issues in the principle of jurisprudence, which has a special place in the fundamental headings of the principles of jurisprudence, while the widespread geography of this debate in cases where the Farrinian view is due to the UAE. The comparison and critique of their arguments in a comprehensive way in the eyes of Ferravine is not carefully explored. This study, in a descriptive-analytical way, relying on library resources and the votes of the Imamiyyah and Sunni elders, sought to answer the question of what is the argument of the UAE's preference for the Farrzin principles? The results of the present study proved that most Sunni scholars believe that some Sunni jurists have been approved. Among the jurisprudents of the Imamiyyah, although most of them are in favor of the theory of violations, many also believe in the UAE's reason, so that the result is a violation, and each group has cited some verses and narrations to prove their claim.

Geographical research and satellite images indicate the fact that nearly two-thirds of the earth's surface is covered by water and the remaining one-third is land. At the same time, in order to create a balance in the use of the world's waters, many international documents have been approved to enable the use of these international natural resources for all countries and nations, which include oceans, seas, rivers, open seas, continental plateaus, Archipelago, internal waters, territorial sea, waters of the area adjacent to straits and channels and deep sea area. At the same time, the importance of rivers in terms of the diversity of its uses is greater than all the above cases, and this issue has led to the conflict of interests between countries in the use of rivers and unilateralism in policy-making regarding how to use and change the course of some rivers without respecting the rights The tradition of other countries in the use of rivers should be taken into account and it seems that the time has come that if the countries along the river or along the river are not able to resolve the disputes about the rivers and approve bilateral, multilateral or regional treaties, they should ask the United Nations He sought help from the United Nations and international law, and by approving international treaties, he restored regional general order regarding the use of the river by countries.

Regarding the importance of environment in material and spiritual lives of nations, preservation of the environment and preventing the acts taking place against the environment are of great importance for each person, community and country. Thus, in order to explain and clarify this important right, the present research the philosophy of s and its effects. By philosophy of laws it is meant the general theory governing the law and sometimes it is referred to as generalities of the law whose subject is discussing the logical relation among the existing rules. But, two important things are involved in law philosophy: the basis of the law and its purpose. Regarding the basis of the law, there are some disagreements among  the learned men of this skill and also there are some disagreements concerning the question “ Is originality individual, community and government, or combination of the two, and this disagreement lead to different results in practice one of which is discussion about philosophy of s and depending on its nature (philosophy of s, materialistic or divine point of view) it leads to double-edged  results. Thus, discussion about philosophy of s is a basic discussion that requires to be studied before the long discussions about environment laws.                                                  In short, it can be said: According to theologians, philosophy of defending the environment is having knowledge of obligation in preservation of (common heritage of human being) the environment and this philosophy, according to materialists, is  profit seeking (as much as possible) and if they talk about environment, it’s because they want to enjoy more profits in long-term. But, alas! Modern materialist individual who , for the purpose of gaining the land, turns his face away from the heaven, should know that he will lose the land just because of lacking the heaven and it is clear that difference in philosophic point of view, will also have different consequences. Steps related with environment and dealing with environment pollution and destruction of environment, like most of social issues, is far from legal issues and leads to different legal aspects.