نشریه تعالی حقوق
سال چهاردهم شماره 2 (تابستان 1402)

Being part of e-commerce based on new technologies, “Hyperlinks” refer to a word, phrase, or image by which one can move to a new page through touching or clicking on them. Essentially, they are found on all “Computer Program” input pages, providing consumers with the possibility of being redirected to the suppliers’ desired pages. In these pages, all consumers are provided with pre-determined and non-negotiable “Terms and Conditions”. In order for taking the advantage of the provided services, they have to accept all terms and conditions. Iranian legal system has not yet analyzed the legal nature of this institution. The present study is aimed at examining the hyperlinks’ legal nature in computer programs. This article is conducted by analytical-descriptive and library methods. The results introduce five essential conditions for the accuracy of inserting any hyperlink, divided into two categories of legal conditions (1- Observance of general terms governing the electronic contract law 2- Failure to insert terms that are contrary to consumer rights and unfair 3- Warning about the effects of membership in the program) and technical conditions (1- Inserting hyperlinks with a distinct structure 2- Necessity of predicting the possibility of touching or clicking the hyperlink). The sanctions of each of these terms is different from each other. The nature and effects of hyperlinks are determined according to the content of the hyperlinks and the type of computer program design; hence, hyperlinks cannot be specified with a fixed nature; On the one hand, according to the analyses based on the e-commerce law, it is identifiable under two titles: 1- Pre-contractual disclosure 2- Referral conditions; and on the other hand, according to the analyses based on civil law, it can be identified under three titles: 1- Preliminary contract 2- Condition of collusion 3- Request for offer along with a subcontract.

One of the uses that can be from cryptocurrency as a type of digital money is to use it as a means of payment. The most important legal issue in this regard is whether payment information based on cryptocurrency that is transferred and maintained in the form of electronic communication and data message, can be considered as a valid document? As long as the document of this information is not proven, the cryptocurrency payer cannot be considered clear from obligation in front of the recipient.The present study is a fundamental type and research method is descriptive-analytic.By dissection the legal ingredients of the document and its flow in e-documents and finally matching it with payment information based on cryptocurrency, it can be found that the information of this payment by the existence of a secure information system, the use of digital signature, asymmetric encryption algorithm and encrypted hash, In the stage of creation and at the time of registration of information, firstly is considered an electronic document and secondly is a valid document in the courts to prove payment.

One of the major issues of oil and gas industry is risk management that nowadays has been challenged due to necessity for investing in complicated projects. So there has been a need to design a kind of contract with special structure and principles in order to provide the possibility of the best risk management. Project alliancing that in Iran engineering literature named Integrated Project Delivery (IPD) has been created in response to this kind of need and necessity. Such a novel approach has begun from England and nowadays is applied in some other countries such as Australia. So in this article, the Authors have studied the principles governing project alliancing in oil and gas industry from the perspective of risk confrontation strategies. This principles such as several liability in independent points of project, principle of gainshare-painshare and so on, have been discovered from reviewing template of project alliancing contracts, instructions and published articles. As a result the precise performance of these principles in the relationships of participants, provide the possibility of the best risk management such as Andrew Project performed by British Petroleum and its contractors.

Proper legislation, in addition to enacting laws that must have all the conditions and characteristics of a good law, such as: observance of the essential, formal and ceremonial principles of legislation, in the legislative dimension should also reduce the number of laws and improve the efficiency and quality of norms and Ultimately lead to the realization of the rule of law. In this study, using library studies and adopting a descriptive analytical approach, in response to the role and function of revision in the implementation of appropriate legislation, we came to the answer that: the function of revision of laws at two levels, posterior (after legislation) and a priori (during Legislation) can be reviewed. Subsequent revision is the recognition of the applicable law, where the inflation of the laws, the conflict of several laws, the complexity of the laws, etc. make it difficult to recognize the ruling law. But the revision during the situation was related to the legislative stages that; Preparing the legal system environment to increase the quality of laws, legislation based on real needs, reducing legislative inflation or extremist legislation, no need to amend and repeal laws, assigning former laws, etc. are some of its legislative functions to achieve appropriate legislation

Possession, by title of ownership, shall be taken as proof of ownership (Article 35 of Civil Code); If someone claims ownership versus a possessor, he has to prove it and illegal possession of the possessor (Zil yad). This situation is referred to as Amarah-e-Yad. If it is proved that the claimant was formerly the owner of the property ,by the continuity of it( Istishab of ownership), a conflict arises between Istishab and Amarah and according to the opinion of Islamic jurists, Amarah precedes Istishab, unless the ownership of the claimant has been proved with admission of the possessor. In this case, Istishab precedes Amarah (Article 37 of the Civil Code). This issue has wondered some of the jurists who believe that the proof of the former ownership of the claimant, with any reason, invalids the Amarah; On the other hand, some believe that there is no conflict between current ownership of possessor and former ownership of the claimant and in any case, Amarah precedes Istishab, and proves the ownership of possessor. This article tries to examine the issue from a jurisprudential (Fiqhi) point of view and analyze the Article 37 of Civil Code.

Since the International Criminal Court was established, Ahmad al-Faqi al-Mahdi was the first person prosecuted by the Court for crimes against cultural heritage. In his trial, the Court appears to have followed a practice influenced by human rights. Such human rights influence can also be observed in other international criminal courts, such as International Criminal Tribunal for the Former Yugoslavia (ICTY). One can argue that the change in the notion of cultural heritage and the increasing salience of cultural heritage in international public opinion from a human rights perspective count among the factors affecting the international criminal courts. Against this backdrop, the present article draws on a descriptive and analytical methodology to explain the practices adopted by the international criminal courts from a human rights perspective. It answers how international criminal courts approach cultural heritage by suggesting that human rights influence the international criminal courts in their approach to cultural heritage. This research discusses the shift in the notion of cultural heritage, the practice of international criminal courts, and the international community's approach to shared cultural heritage.

Membership and withdrawal from the ICC are subject of applicant state’s will. Member’s state’s obligation to cooperate with the ICC and to ignore its political relations with other states is one of reasons to withdraw from the ICC. However, withdrawal from the ICC membership is subject to formalities that its observance may detract from applicant’s state’s objectives. The South African state is an example of this situation, which has taken steps which has no precedent at the ICC level. Examining the theoretical dimensions of these measures are subject of this article. The research question is what are the challenges for the South Africa’s failure to cooperate with the ICC and its obstacles to withdrawing from the ICC Statute membership? The findings of this study show that the South Africa’s experience in citing mechanisms set forth in the Statute for non-cooperation and withdrawal from its membership without regard to their functioning and compliance with their requirements are self-centered and doomed to failure and void. This is an experience that exists under the same conditions in other member states of the ICC, and in order to avoid its consequences, the requirements of the ICC’s Statute must be observed.

As a major cause of violence, war has affected the growth and development of societies, which is important for women's equal rights, and has led women as the main and defenseless victims of societies to destruction, isolation and discrimination. As a result of the direct or indirect consequences of wars, women are exposed to discriminatory and inhumane factors during armed conflict and violent conflict around the world .One of the acute international problems of women is the issue of systematic rape in armed conflicts, which is carried out with specific goals, which certainly the decisive and serious approach of the international community can have positive effects in preventing the occurrence of these inhumane acts. Because women are the main victims of conflict during wartime, as civilians in war zones, they are completely defenseless against attacks on their human and natural rights. Women in war-torn countries suffer the most from physical and psychological violence. Inhumane behaviors such as murder, torture, rape, slavery, sterilization and sexual violence are some of the acts of violence against women.In such a context, international institutions such as the United Nations have prioritized limited activities, but important.This article examines the international support for victimized women during the war with a descriptive-analytical approach and using qualitative data.

AbstractUndoubtedly, the handling of court cases in the courts and administrative procedures and proportionate responses in the shortest possible time. In a fair manner is the requirement for administration of justice in various criminal policy models. Analyzing fairness of a trial will become possible by taking into account the speed at which proceedings are conducted, conventional process of the criminal proceedings and following of the rules and principles of a proceeding. Legal writers have often analyzed the criminal policy vis-à-vis criminal matters with the approach of defining crime and obliquity, and generally, the analysis of the Criminal Procedure Law as a means of ensuring substantive laws is less considered, and the adoption of the new Criminal Procedure Law makes the analysis of this in legislative and judicial policy seem necessary.On the other hand, mere theoretical data in criminal policy, without regard to social realities, and public and governmental responses to the criminal matter, is not sufficiently addressed, and it is inevitable that addressing important practical issues, especially in the judicial system, is inevitable. One of the most important issues in the current judicial system is to observe a reasonable period of time and to avoid prosecution for a just and fair trial, as well as to achieve the goals of the legislator for the formulation of criminal laws, which are described in this paper, and the pending and current conflicts will be analyzed.

Adultery with the dead or necrophilia is an abnormal sexual disorder in which sexual pleasure arises from liaison with the corpses. According to psychologists, this type of sexual intercourse is a severe mental disorder, and such patients not only need psychotherapy, but also their criminal responsibility is questionable. Article 149 of the Islamic Penal Code also implies such an inference, but contrary to expectations, the legislature has considered sexual intercourse with a corpse to be adultery and the related punishments are considered for the perpetrator. (Whipping for an unmarried adulterer and execution for married adultery) Regardless of the eligibility of a person with necrophilia to be held criminally liable, criminalizing or placing such behavior under the control of criminal law does not follow the principles and criteria governing this matter. Thus, the criminological challenges of this behavior appear in the face of its jurisprudential documents. In this article, we intend to analyze these shortcomings