نشریه قضاوت
پیاپی 106 (تابستان 1400)

Compared to other debts, privileged debt has special features in the priority of its payment and the exclusive share of a share of the debtor's assets over other debts, which is mainly summed up in the creditor's protective security around the collection of the creditor, in addition to the fact that despite the lack of jurisprudence in the legal texts of influence and It has been formalized. The legal nature of the preferential debt is nothing but priority in the collection of the claimant by the creditor, but this right of priority does not give the holder the right to sue and it only implies a legal ruling on the priority in the collection of the claimant, and this legal right cannot be established without mentioning and approving the legislator. In other words, precedence requires reason. In this priority, there are branches of the characteristics and coordinates of the objective right (right of priority and prosecution), but the rulings of these rights are completely different in terms of the basis and guarantee of execution, and they should not be considered the same. In this regard, in this article, the legal nature of debt Premium and its difference are explained by normal debt and collateral

New financial instruments and institutions cause the development of the stock market and securities and consequently cause the growth and prosperity of the economic system. However, all modern financial instruments and institutions in the world and their implementation framework are not compatible with the provisions of Islamic Sharia and Iranian law, and therefore they are not able to be implemented in the country's markets.One of these new institutions is stock borrowing, in which the stock owner lends his share to the borrowing seller and the seller sells the shares at the daily market price; Whenever the owner of the shares calls for the return of the shares or the borrowed seller wants to return the borrowed shares, the process of selling borrowed shares ends.The advantage of this method is that in the usual method of buying and selling stocks, the investor gains by increasing the stock price, but in this transaction, the investor (borrowing seller) gains by decreasing the stock price.The most important challenges that are raised in relation to the sale of loans are the greediness, the usury, the suspension of the transactions, the connection of this type of transactions with gambling, which after analysis and investigation, it seems that this newly established institution in the country is compatible with jurisprudential institutions.

The subject of commercial law is merchants and commercial activities. These two interpretations are the two main approaches to commercial law and originated from Napoleon's commercial code approved in 1807 in France and led to the creation of two main theories in explaining the nature and definition of commercial law. These two theories include subject theory and personal theory. If we consider business rights as the rights governing businessmen, we have followed the personal theory, and if we define business rights based on commercial actions and activities, we have followed the subject theory. By implementing these two criteria, the realm of commercial law is limited to traditional and pre-designed legal forms. This situation in Roman-Germanic law is defined in a way that merchants and commercial activities are defined based on a limited list compiled by the legislator. But the new theories have gone in the direction of widening the scope of commercial law; In such a way that any activity that pursues a specific economic goal in a specific market is considered commercial. In this article, after getting to know the traditional theories in Iran and France trade laws and briefly examining the problems of their implementation, a new point of view based on economic activities is presented.

The difference between the concept of deputy and other legal terms in the new Code of Civil Procedure has not been carefully considered and has influenced the rulings of the courts; For example, the plaintiff may transfer the property of the litigant voluntarily to another during the hearing and the buyer may go to court to continue the litigation, but the judge will not give him a position and will order not to be heard or the lawsuit to be dismissed. In Article 105, the legislator has clarified situation of death and incapacity, but is silent about the buyer deputy. This ambiguity and legal silence has created controversy, and some believe that the transferee must file a separate petition and pay court fees to continue the lawsuit, so that we will see increasing the number of cases and invalidation of previous hearings. This article seeks to highlight some of the challenges associated with deputy in litigation and how to use legal capacity to resolve them and has been used analytical-prescriptive method and interpretive method in response to this problem. The court in this case should not reject the lawsuit; because according to Article 2 of the Code of Civil Procedure, the transferee is genuine and when he has an official document, the transfer of property subject to litigation is not a claim and does not require separate hearing and the judge must arrange for his replacement and deputy.

The bipolarity of refusal and theoretical and practical possibility can be considered in all thoughts, which is also evident in Islamic law. The group of abstainers in religious tolerance and legal pluralism, despite entering modernity and postmodern eras, continue to provide appropriate opinions. From this point of view, religious tolerance with others is either impossible or, if possible, within certain limits of Sharia law. As a result, pluralism in law also makes sense for them.On the other hand, a group that is mainly religious neo-thinkers, believes that Islamic Sharia can be interpreted and divided into different areas. In this spectrum, some extend this possibility to the point that Sharia is not the whole truth, but a part of the truth. Another spectrum, in spite of drawing an equal relationship between Sharia and truth, they consider many ways to reach it.This multiplicity within the discourse must be associated with other religions, thoughts and discourses. Because it is necessary for world peace to connect with others at some point, especially if we seek lasting peace. Sustainable peace in the field of international law is not only the absence of war, but also a step s in religious tolerance and legal pluralism and their mutual influence on each other and the possibility of achieving lasting peace in this way. In possibility of religious tolerance from the point of view of abstainers? If possible, where are the limits?The method used in this work is analytical-applicative. Based on this, by examining the concepts, relationships and areas of each of the elements used in this work, it is explained that with practical approaches through religious tolerance and legal pluralism, it is possible to achieve sustainable peace in the world arena.

One of the issues raised in the field of world peace is the globalization of culture and its assimilation, which due to the centrality of human beings in the field of cultural issues, this should be done by accepting and persuading individuals and it cannot be imposed on individuals and society. . Paying attention to cultural issues is one of the foundations of human rights, which has been interpreted as cultural rights and has not been addressed as it should. The aim of the current research is to homogenize cultural identities in the context of universality with the approach of cultural rights. The results of the current research showed that paying attention to cultural rights can have many positive effects on the peaceful coexistence of human beings; Therefore, it is necessary to take steps by providing a suitable model in line with the process of assimilation of cultures and creating a platform for universal acceptance of global culture in order to move towards a universal platform by persuading the general public, while recognizing cultural diversity and paying serious attention to cultural rights.