نشریه مطالعات فقه اقتصادی
سال پنجم شماره 3 (پیاپی 18، پاییز 1402)

backgroud and The principle of good faith and fair behavior is one of the important moral and legal principles. The purpose of this article is to examine the rules of good faith and fair behavior in contracts in Iranian jurisprudence and law and European Union law. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. In the laws of the European Union, the principle of good faith and fair treatment is clearly stated. In Iran's legal system, the term "good faith" is not used in the civil law, but in laws such as the civil liability law approved in 1339 and the e-commerce law of 1382 and Iran's trade law, this term is implicitly used. In Shia jurisprudence, there are reasons that emphasize the necessity of honesty and correctness in contracts, including commercial contracts. In European Union law, good faith and fair dealing in contracts are explicitly recognized. The scope and function of good faith in Iran's law has been more prominent in the pre-contract periods and it is formed based on the will between the parties to the transaction and the intent to create contractual obligations. So that the issue of the functional domain of goodwill in Iranian law is related to intention

the present research identified religion in interaction with science and also the will of man under the will of the Creator, in a worthy life and together with man in the vast creation of God And in another aspect and from the technological side, he considers the Artemis space program to be the beginning of an effective presence in outer space. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. A relationship that is either formed on the basis of interaction or in its essence chooses the difference or is in conflict. It can be deduced from the 33rd verse of Surah Rahman, the influence and conquest of mankind on space and the relationship between space science and technology and religion.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Analyzing the challenges facing human occupation of the moon, including the discovery and extraction of natural resources, respect for intellectual property rights, respect for human rights, protection of the environment and cultural and natural heritage, has come to the conclusion that the only way to guarantee the rights of The space world ruling the moon is a practical belief in the principle that it is the common heritage of mankind.

Support responsibility includes responsibility, reaction and change. The perspective of support in Kenya and its reflection on the society is examined.Materials & The research method is descriptive and analytical.Ethical considerations: In this paper, the originality of the texts, honesty, and trustworthiness are observed. The Responsibility to Protect comprises the responsibility to prevent, to react, and to rebuild. What sets R2P apart from the previously prevailing idea of humanitarian intervention is, first, an emphasis on prevention, and second, a stated preference for a multilaterally coordinated response to crises. The third and perhaps newest feature of R2P is the idea that regional organizations have an important role to play in facilitating conflict resolution and the implementation of the Responsibility to Protect. Kenya’s post-election violence. in 2007 was widely viewed as the first case of ‘R2P prevention’. Kenya was seen as R2P’s success story – multilaterally orchestrated action to prevent an escalation of conflict, with heavy reliance on regional actors. This paper questions to what extent this account holds true, and whether the Kenyan case really was a successful instance of ‘R2P prevention’. An analysis of the Kenyan case ultimately leads to the conclusion that the application of R2P was, in fact, unrelated to the success of the conflict mitigation efforts. The Kenyan context was one which was favorable to the success of the mediation, and it is unlikely R2P would have succeeded without these contingent factors.

Legislative transparency is one of the main elements of the rule of law, which is considered the main factor in preventing and fighting corruption. The purpose of this research is to examine this concept in the framework of Iran's legal system and international law. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. The findings of the present research show that the mechanisms of legislative transparency in international documents have not been defined in a coherent and precise manner, but to determine its examples and scope, it is necessary to refer to the internal procedures of the states that are customary in the international law space. It has been recognized internationally.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Transparency in the framework of the international law system is closely related to fundamental human rights, therefore, some examples of legislative transparency mechanisms in the space of international law are authoritative. But in the internal law system, the mentioned mechanisms are under normal laws and at the base of the pyramid of normative hierarchy.

 In order to examine the position of international custom in the judicial procedure, this research has selected one of the cases of the court which has distinctive features and discussed about it. For this reason, this article is devoted to the investigation of the accusations attributed by the prosecutor to one of the commanders of the militia forces in the case of Darfur, Sudan.

 This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

 The Statute of the International Criminal Court with Article 21 entered the field of international criminal law and limited the authority of judges, which is one of the results of establishing this point of view is not paying attention to customary international law, at least in theory.

 Abd-Al-Rahman's case can be considered as an indicator due to its adherence to the principle of absolute legality and the lack of considerations related to the morally reprehensible nature of the behavior in question. It seems important to pay close attention to the accessibility and predictability of customary norms in order to avoid a return to doctrines of substantive justice that are completely incompatible with contemporary شunderstandings of the principle of legality.

The genetic changes of plants and animals and its impact on food health are important issues from the point of view of jurisprudence, law and bioethics. The purpose of the current research is to investigate the legal jurisprudence of genetic changes of plants and animals and food health in the light of bioethics with an approach from the perspective of Imam Khomeini (RA).

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Although the genetic changes of plants and animals are not haram per se from the point of view of jurisprudence, but if corruption and dangers result from it; It can be declared forbidden and haram by means of the harmless rule.

The results of the article indicate that the change of plant and animal genetics and the use of transgenic plant and transgenic animal products are allowed by resorting to the originality of Abahah. But it should be noted that first, the harmlessness of these products should be proved scientifically.

Human cloning is one of the subjects that has raised many challenges from the legal and jurisprudential point of view. The purpose of the present research is to investigate human assimilation from the point of view of Islamic jurists. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. The objections to the human assimilation process are often due to ignorance and prejudices, as well as lack of attention to the technical aspect of the matter from the point of view of genetic engineering and medicine. By demonstrating the originality of al-Abahah in the principles of Shia jurisprudence, the rule of simulating can be considered as subject to abahah in terms of the primary titles; Because there is no proof of the sanctity of simulation from the sources of the four rulings, and this opinion is almost the same as the fatwa of most of the contemporary jurists.

The value created by the audit of financial statements results from the auditor's judgment and generally results from a set of professional judgments that are carried out within the framework of accounting and auditing standards. The purpose of this research is to design a model to explain dark personality traits, professionalism and ethical judgment of auditors. In this research, information from the standard questionnaire used by 335 auditors and structure analysis method and Lisrel software were used.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Some of the factors affecting the judgment of auditors are individual and psychological factors that create differences in the judgment of different people and sometimes cause behavioral and judgmental biases in auditors. The results indicate that there is a significant and negative relationship between antisocial behavior, opportunism, and a positive and significant relationship between narcissism and audit judgment. personality traits are influential in the auditor's professional judgment, so it can be suggested that the personality traits of people should also be considered in the discussion of recruiting professional auditors

Among the challenging issues regarding the validity of the adjudicated matter, regarding the possibility or impossibility of extending the rule to the final decisions; In particular, the lawsuit is expected to fall, which has caused confusion in the judicial courts and especially among the legal doctrines. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. In the law of civil procedure, finality is special for opinions that cannot be sued by normal means, and this is the same meaning that can be deduced from French law. The results of the upcoming research indicate that the rule of validity of the adjudged matter governs the opinions issued in the nature of the lawsuit and are conclusive. This is the reason why the judicial procedure does not include other final orders issued by the court as valid except for the decision to drop the case.

The foreign investor plays an important role in carrying out upstream oil and gas activities, and Production Sharing Contracts of Kurdistan region of Iraq have had an important effect on attracting foreign investors in that region, the purpose of this research is to investigate the interests of the parties and the attractiveness of the said regional contracts. This article is descriptive-analytical and the information is collected in a library form by referring to books, articles and contracts.Ethical considerations: In this paper, the originality of the texts, honesty, and trustworthiness have been observed. Sharing Contracts concluded in the said region, In addition to maintaining national sovereignty and ownership, it meets the needs of that region for capital and technology, And it has caused the development of oil and gas fields in that region and also has significant benefits for international oil companies, and so-called win-win contracts. Production Sharing contracts concluded in the Iraqi Kurdistan region are one of the important reasons for attracting foreign investment and developing the oil and gas fields of that region. The host government has important interests in the Sharing contracts of the Kurdistan Region of Iraq, such as oil ownership, supervision and management, proprietary interest, Royalty, income tax and ownership of equipment and assets, and international oil companies also have important interests, including the exclusive right of exploration. They have hydrocarbon resources and ownership over a predetermined share of oil and gas produced in the field.

Judges make mistakes in the issuance or the sentence or in rendering of judgment and according to the Article 171 of Constitution, they cause material or moral spiritual harm to innocent people. In the case of fault, the judges are obliged to compensate the damage and if there is no fault, the government is obliged to compensate the damage.In any case, restoration of prestige mist be claimed from the accused. Therefore, the purpose of present study is to assess the feasibility of compensation. This is descriptive analytical article and has investigated the issue using the library method.Ethical Ethical Considerations: In present study, the princilples of text originality,honesty and trustworthiness have been observed. Compensation is of spiritual, material, and possible benefit type. Perviously, there was ambiguity regarding financial compensation.  Such as compensation in the preliminary stage and proof of fault. But now the new Code of Criminal Procedure has approved this matter. Given the present ambiguity in compensation caused by judge mistake, the unified judicial precedent No 791 was formed and it can be concluded that not only in preliminary stage but also in a stage of determining the punishment, the judge does not take responsibility for compensation for the damage caused by mistake.

guaranteeing women's employment and gender equality is one of the important international challenges that has been examined in the written laws of most countries. In the present study, an attempt has been made to address this issue by examining the laws of Iran, France, and Egypt, as well as judicial practice. This article is descriptive and analytical and library method is used.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. The jurisprudence and judicial system of Iran, Egypt and France have each looked at women's right to employment in a different way, and this difference of opinion and opinion in legal texts and judicial procedure is different according to its origin and basis. Egyptian law has paid attention to the equality between citizens without discrimination based on gender and does not discriminate between men and women in the right to work. French law has approved women's right to equality with a broader perspective. The right to employment of every person, both men and women, is one of the basic human rights recognized in Islam. On the other hand, the headship of the husband in the family and the need for the wife to obey him is one of the rights that Islam insists on. Exercising these two rights causes legal disputes between wives.

The development of shopping tourism in Gilan requires the identification of the demands and a more comprehensive understanding of the shopping behavior of tourists with different ethnicities. The purpose of this research is to design a model to explain the buying behavior of Isfahan tourists. In this article, a mixed method is used. In addition, to ensure the comprehensiveness of the collected information, several interviews were also conducted with Isfahani tourists. In the quantitative stage, based on the extracted components, a questionnaire was prepared and given to 270 tourists from Isfahan.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected. Data analysis in three stages of open, central and selective coding resulted in the extraction of 59 concepts, 16 sub-categories and finally 8 main categories from the classification of concepts. Based on the model, shopping behavior as a central category; utilitarian value of purchase and product/market mix as causal conditions; sales factors as background conditions. The data was confirmed using structural equation modeling and SmartPLS software, and the existing relationships between the variables of the model were confirmed once again.

One of the issues that arise in the relationship between the main and secondary contracts is the effect of the dissolution of the main contract on the secondary contract, which, due to the lack of clear and transparent general rules in the basic laws, sometimes leads to the violation of contractual ethics. The purpose of the current research is to study the comparative examples of the implementation of subordinate contracts to extract and explain the general rules governing the dissolution of the main contracts on the subsidiary in the laws of Iran and Egypt. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected. In the case of dissolution of the main contract in other ways, according to the parties and the subordination of the secondary contract to the main contract in the matter of obligation, with the dissolution of the main contract in terms of dismissal, rescission or termination, the secondary contract is also dissolved, except in cases where the subject of the secondary contract belong to the third party, which in terms of conflict with third party rights and the prohibition of agreement to the detriment of the third party by the main obligees, the secondary contract is valid with the dissolution of the main contract, and the parties to the main obligation refer to each other for the price and the appraiser. In both Iranian and Egyptian laws, at the stage of concluding the contract, only the secondary contract follows the main contract, but after the conclusion of the secondary contract, the effects and dissolution of each of them is effective in the other, except in cases of nullity. The main contract, which in terms of the lack of cause, the secondary contract is also void.

In this article, the conditions of moral damages in the case of legal entities have been carefully considered. Perhaps the conditions for claiming moral damage can be considered the same as the conditions for compensation for material damage, but the criteria and rules for distinguishing the two are completely different. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Currently, in almost all the legal systems of the world, the fault of the injured party does not remove the responsibility of the cause of damage and does not cause the complete exclusion of the injured party from receiving damages, but it causes the reduction of the responsibility of the cause of damage, depending on the case. In the legal systems of Iran and England, the possibility of claiming moral damages from legal entities has been recognized. Therefore, in the field of moral damages, it should be acknowledged that in the past, in the Roman law and the old common law system, and accordingly in England, which is influenced by the common law, The fault of the victim or his involvement in the loss caused him to be disqualified from claiming damages.

Jurisprudential examination of economic sanctions is necessary in order to provide solutions to deal with these sanctions. Based on this, the current research seeks to examine jurisprudential and legal solutions to deal with economic sanctions. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. Productivity, patience and good planning, maximum use of capacities, recognition of managerial priorities, countering the levers of power and unity and cohesion are the most important jurisprudential solutions for dealing with economic sanctions.Nevertheless, in the functioning of the human rights bodies and institutions of the United Nations, it is possible to observe a kind of supervision, albeit indirectly, on the functioning of member states of human rights treaties and the actions of the United Nations itself, especially in the field of economic sanctions. From a jurisprudential and economic point of view, there are solutions for economic sanctions, but their realization requires the development of appropriate economic and legal strategies.

 Given the effectiveness of community-based punishments in society, these kinds of punishments have been created to prevent crime. Community-based punishment intende to prevent offender from committing crime or being in the situation of committing crime. Therefore, these crimes have been welcomed by international institutions and documents. The purpose of   present study is to analyze the community-based punishment from juris prudential and economical viewpoint. Because only in the light of this analysis, the benefits of community-based punishments can be discussed.
Method and Materials: The research is descriptive_analytical.Library method has been used.
Ethical Consideration: In present study, text originality,honesty, and trustworthiness have been obsetved.
These punishments are acceptable from the viewpoint of jurisprudence and economics.
Community-based punishments Cause Social acceptability and strengthening of good responsibility in the criminals,fighting against the increase of recidivism and creating public trust in function of the penal system  reflects community based punishments. Community-based punishments reduce the criminal population of prisons and result in savin money and economy. According to the existing discourse, rehabiliation and correction of criminal in community-based punishment have been more effective.

In this paper, in addition to investigate the pro and anti-ideas with Feiz, the strength and weakness of different ideas have been evaluated. Moreover, it has been tried to derive up-to-date sentences and rules in puberty so that it can be used in religious obligations and civil laws. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. In opposite to the famous sentence about puberty which knows 9-year-old for girls and 15 for boys for puberty, Feiz believed to the relativity in puberty. Feiz believed that the puberty is different from one to one or a religious obligation to another. the puberty for religious obligations can be given over to religious jurists, but in case of trades, criminal affaires, and marriage which are the reference of decision making and judicial rulings, age 18 is suggested for both man and woman. In the other side, age 18 covers all the ages (9 to 17) about puberty believed by all the previous jurists. Moreover, this age has been proved by human experiences in different societies during different ears.

Diya or blood Money is a monetary punishment that is determined by Shari'a and the law for the purpose of compensating the damage and punishing the perpetrators. Because according to the opinion of jurists, the amount of money is determined from six cases. Diya is determined according to 6 cases identified in Shari’a and jurisprudence. Although given the panel code, it is conformed to Shari'a in practice, it is determined by Central Bank according to the rate of inflation.
The study is descriptive and analytical. library method has been used.
Ethical Considerations:In present study ,the principles of text originality,honesty and trustworthiness have been obsetved.
Findings indicate that article 549 of Islamic Penal Code has  stated the cases of Diya( blood Money) according to Sharia but the price of 100 camels is not equal to the amount of Diya or blood Money determined by the head of judiciary.Meanwhile,the details of its determination are not disclosed .In 1402 the amount of Diya or blood Money has Changed by 50% compared to the previous year .
The lack of transparency in determining the amount of Diya by the head of judiciary based on criteria of Shari'a or law causes damage to the right of victims.

The concept of soft rights is one of the relatively new topics that has found a special place in the literature of international human rights. The purpose of this research is to explain the position of soft rights in the normative hierarchy of human rights.
This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
The mechanisms of soft rights in the international human rights space have different functions, which has led to the conclusion that a fixed place for the concept of soft rights in the normative hierarchy of the international human rights system cannot be considered.
Soft law documents and mechanisms sometimes appear as an independent source and sometimes as an auxiliary and subsidiary source to verify other legal rules.

Most legal systems are hesitant to provide explanations for artificial intelligence. The research requested by the TURI committee of the European Union considers artificial intelligence, in fact, a vague concept that covers a heterogeneous, wide and evolving set of applications. In Iran, perhaps in the near future, the use of artificial intelligence in this aspect will be a concern for researchers. Therefore, this research studies the legitimacy of using artificial intelligence in judicial affairs. Most legal systems are hesitant to provide explanations for artificial intelligence. The research requested by the TURI committee of the European Union considers artificial intelligence, in fact, a vague concept that covers a heterogeneous, wide and evolving set of applications. In Iran, perhaps in the near future, the use of artificial intelligence in this aspect will be a concern for researchers. Therefore, this research studies the legitimacy of using artificial intelligence in judicial affairs.
This research is of a theoretical type and has been carried out using a descriptive-analytical method.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
The answer to the legitimacy of artificial intelligence in judicial affairs depends on the explanation of the judgment evidence, the conditions of the judge and other branches in jurisprudence texts.
Based on evidence, the judgment of artificial intelligence cannot be legitimate; Finally, artificial intelligence can only be used as a tool for the judge due to its power of memory, receiving and processing information, and lack of vision errors.

The purpose of this research is to investigate the relationship between customer relationship management dimensions and financial and marketing performance in the General Directorate of Ports and Maritime Affairs of Gilan Province.

The current research is a descriptive research of correlation type and is in the category of applied research. The statistical population in this research includes 490 employees of the General Directorate of Ports and Maritime Affairs of Gilan Province. The statistical sample of the research is the employees of the General Directorate of Ports and Maritime Affairs of Gilan Province, and the minimum sample size was calculated to be 215 people according to the limited population formula and Cochran's formula. For data analysis, in order to examine the components of customer relationship management and organizational performance through Spss software, correlation and linear regression tests were used to test hypotheses and analyze data.
Ethical considerations: In all stages of writing the article, while respecting the originality of the texts, honesty and trust have been observed.

The findings showed that the variables of senior management support, customer orientation, educational orientation, customer data, customer information processing, and customer relationship management integration were able to explain 78.3 percent of the changes in the variables related to organizational performance.

According to the results of correlation tests and multiple linear regression analysis, it was found that the value of the F test statistic, all the independent variables of the research are significant and they explain the changes in the dependent variable of financial and marketing performance, and the value of the determination coefficient R2 of the components of the customer relationship management variable has been able to change Explain the dependent variable of financial and marketing performance.

Registration of trademarks is one of the most important issues in intellectual property rights. The purpose of this research is to compare the laws and regulations of trademark registration in the legal system of Iran and Canada.
This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
In the Canadian legal system, laws and regulations related to intellectual property have been set in line with the country's international obligations. Regarding trademarks, Canada has a separate document, the latest version of which came into effect in 2018. In Iran's legal system, there is no independent law for the registration of trademarks, but this is considered in the Law of Patents, Industrial Designs and Trademarks.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Utilizing the model of the new document of Canadian trademarks can be considered an effective step in improving the laws and executive mechanisms of registering and protecting trademarks in the Islamic Republic of Iran, as well as removing some of the deficiencies and ambiguities in the relevant regulations.

The increasing trend of land use change in recent years has caused irreparable damage to natural areas. The purpose of this article is the economic and social effects of the unauthorized change of use of lands and gardens in Iranian law.
This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Decrease in production of agricultural products and threat to food security, loss of vegetation, decrease in biodiversity, erosion and decrease in soil fertility, expansion of deserts and the occurrence of natural disasters and negative environmental consequences such as contamination of water and soil resources by polluting industries. Unauthorized, especially on the banks of rivers and sea coasts and areas adjacent to sources of drinking water and agriculture, and finally the gradual death of farmers is one of the most important economic effects of changing the use of lands and gardens.
Preservation of natural resources, environment and agricultural lands is essential and will guarantee sustainable development. In jurisprudence, the preservation of agriculture and the development of agriculture are emphasized as an important economic activity.

Attribution in civil responsibility, especially when several factors are involved in the occurrence of losses, is one of the important issues that has always been the subject of debate and opinion. The purpose of this article is to investigate the attribution of civil liability in Iranian law with a view to American law. This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. In Iranian law, the attribution of civil liability is determined based on longitudinal and transverse causes and according to the impact of each factor. In American law, however, based on the principle of proportional cause, on the basis of custom, the role of the cause of loss and damage is determined based on the element of knowledge regarding the occurrence of damage. Based on the principle of proportional cause, it is possible to identify the role of each cause by relying on custom, and the cause that has the main effect on the result can be held responsible. There is a lot of similarity in Iranian and American laws regarding the attribution of civil liability. In American law, the basis of fault is used to assign civil responsibility, and on the other hand, in American law, there are different degrees of fault, and based on these degrees of fault, the amount of responsibility and compensation of the guilty person is calculated and evaluated, while in Iranian law, the degree of fault is in the amount Responsibility is not effective.

The discussion of citation and causation is one of the important issues in criminal law, which has always been a debate and disagreement. The purpose of this article is to investigate the difference between the relationship between citation and causation in the Islamic Penal Code of 1370 and 1392.
This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
In the Islamic Penal Code approved in 2012, if the crime is documented to be the cause and responsibility of the community and the degree of influence of the factors is equal, there is equality in responsibility, and if the degree of influence is different, each of the factors will be responsible according to the degree of the influence of their behavior.. In multiple longitudinal causes, the primary cause is the effect of the guarantor, and in multiple transverse causes, equality prevails in the guarantee.
The change of approach of Islamic Penal Code 2013 is based on the theory of relative guarantee. The fundamental change made in this law compared to the Islamic Penal Code approved in 1370 is in the part of community, cause and effect. In this case, the legislator has placed the foundation on customary reference and relative guarantee, based on this rule, the person responsible for the crime and the amount of responsibility is determined.

The transferability of certificates of priority right to use housing facilities is worthy of attention both from a jurisprudential and legal point of view. The description of the problem depends on the explanation of the purchase and sale of loan franchises and facilities; Because what is really being transferred is the royalties, otherwise the mere use of these papers, by itself, is worthless. The purpose of this article is to study the legal jurisprudence of the transfer of certificates of priority right to use housing facilities. This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected. The discussion of the transfer of the certificate of priority right to use housing facilities depends on the explanation of the feasibility of buying and selling the right. according to the central bank's circular, the transfer of housing priority right certificates is unimpeded if it is subject to the relevant laws.

Decriminalization in petty crimes is one of the important issues of criminal law that is a subject of debate and opinion. The purpose of this article is to examine the challenges and solutions of decriminalization in petty crimes.
This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
The findings indicate that in Iran's criminal law, no special approach has been taken to decriminalize petty crimes. Conflict in legislation, multiplicity and plurality of legislative authorities, weakness of expertise and specialization, individualism and application of personal preferences and traditional approach in criminal legislation of extreme criminalization are among the important challenges to the decriminalization of petty crimes in Iran. Reforming the structure of the country's judicial system, revising the amendment of laws and regulations, and implementing decriminalization in different ways are among the most important methods of decriminalization in petty crimes
Decriminalization of petty crimes plays an important role in reducing the volume of incoming cases to judicial authorities. It is necessary for the legislator to adopt a suitable approach in this regard.

One of the fundamental rights of consumers or services in every legal system worldwide is to ensure the safety considerations. In different systems, both civil and criminal protection issues have been considered for consumer rights. The aspect of criminal protection of consumer is against the producers or suppliers who lack good faith and the civil protection has been considered for the injured against the damage caused.This support is due to the  electronic transactions. The purpose of present study is to explain product safety right in electronic commerce law of Iran.
Method and Materials: The research is descriptive _analytical and the library method has been used.
Ethical Considerations:Right on product safety has been accepted in Iranian Law  in terms of civil protection .But , despite the civil support ,Iran 's law is facing a gap in this regard.
The right to product safety is accepted in Iranian law in terms of civil protection; But despite the civil support, Iran's law is facing a gap in this regard.
Considering that article 51 has been compiled in the e-commerce law regarding product safety, general rules should still be referred to in order to enforce consumer rights.

Abandonment is one of the jurisprudential rules that is also reflected in subject law of Iran, however it has not been investigated as it deserves. Abandonment is the relinquishment of possesion and if it is not applied within the framework of law, it will create liability. The purpose of present study is to express abandonment of real estate,properties and its  consequent interests in Iranian law.
Method and Materials: The present study is descriptive_ analytical and library method has been used to investigate abandonment of real estate, properties and its privileges.
Ethical Considerations: In present study, text originality, honesty and trustworthiness have been observed.
Abandonment is not just disposal of disorder properties but it has some requirements, first there should be no legal prohibition for abandonment, second, if someone else has a right to a property, the owner cannot abandon it. As a result, properties and benefits can be realized according to the conditions.
As a result of abandonment, person's ownership of properties is lost and property becomes permissible property. abandonment of benefit and the rights arising from property and real estate are also accepted.

Criminality in multiplicity of causes has always been a subject of discussion and disagreement. The aim of this article is to compare the issue of multiplicity of causes in the field of criminal responsibility of Iran and England.
This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
In Iranian criminal law, in case of sharing of causes, there is equality in criminal responsibility, and if the degree of influence is different, each of the factors will be responsible according to the degree of influence of their behavior in the crime. In multiple longitudinal causes, the primary cause is the effect of the guarantor, and in multiple transverse causes, equality prevails in the guarantee. In English criminal law, in case of sharing, based on the necessary condition theory, equality of causes prevails. In the multiplicity of causes, the external cause is the dominant one.
In both Iranian criminal law and British criminal law, the basis for determining criminality is customary reference and relative guarantee, and based on this rule, the person responsible for the crime and the amount of responsibility is determined.

financial stress is a kind of mediating channel between shocks and the occurrence of financial crises in the economy. The purpose of this research is to provide a suitable index for measuring financial stress. Based on the nature and method of conducting, the current research is a combination of descriptive and correlational research.Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. The findings showed that the variables of oil price, GDP, economic growth, government debt risk, exchange rate premium, free exchange rate, consumer price, total stock exchange index (TEPIX), investors' reluctance to hold risky assets, The volume of bank deposits, credits granted to the private sector, foreign currency liabilities in the banking sector, profitability of the banking sector, beta (β) of the banking sector, housing market and herd behavior have been identified as effective variables in developing the financial stress model. This study can be a reference for policy makers such as the Ministry of Education and the banking system. The Ministry of Education may consider and introduce financial literacy education at the elementary school level to the university level. This early exposure is important because it shapes financial behavior from an early age. On the other hand, the banking system needs to formulate financial policies, especially credit loan facilities, whether it is a credit card, car loan, personal loan or real estate loan, which is suitable for young investors. Apart from that, the banking system should also ensure that any change in monetary policy does not cause a financial shock to the personal financial detriment of the youth.

Among the different stages of the criminal proceedings, the preliminary investigation stage is more important. The purpose of this article is to examine preliminary research models regarding the integration and separation of research from prosecution.
The research method is descriptive and analytical. The materials and data are also qualitative and data collection has been used
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.
In designing a suitable criminal procedure for every society, two points are important. First, a suitable criminal procedure is impossible except by thinking on the basis of models and modeling, and it is only with this method that different and conflicting pole are recognized and based on this knowledge. It is possible to use the best variables, and secondly, the design of the criminal procedure should be based on the social expectations of the society. It is a decades-old model that has entered the field of human sciences, and by having its own elements and components and emphasizing the different values of the path of the society's criminal procedure. determines
Modeling in the procedure is based on emphasizing the three elements of fair procedure, which are ethical principles, human rights and proper structure.

Background and judicial justice is one of the important issues of criminal law. The purpose of this article is to examine the crimes against judicial justice during the trial and issuing the verdict with a comparative approach. This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are respected. Although there is relative harmony in the way of criminalizing and reacting to these crimes, crimes against judicial justice in Iran, unlike countries such as France, are not mentioned in a separate chapter in the Islamic Penal Code and are only scattered among the articles of the said law. It has been mentioned by the legislator and this is while the said statute has mentioned crimes against justice in a separate chapter. It is necessary for the Iranian legislator to review the shortcomings of the laws of crimes against judicial justice according to the comprehensive laws of crimes against judicial justice of countries like France and implement the revised laws in the new approvals.

Background and The post-modern approach in the field of international law saw its previous epistemology in a cognitive crisis and claimed that the foundations of the previous methods were damaged. The purpose of this article is to investigate the validation of the fluidity of international law with an emphasis on the ideas of postmodernism. This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. Postmodernism in international law is considered a negative school, according to the interpretation that it does not seek to create a conceptual and operational system in the field of law, and as a result, a unified and regular functional system cannot be obtained. But in any case, this procedure is used in the process of legal arguments, and this application has led to the adjustment of many extreme theories in different legal schools. The limited use of post-modernism as a criticism of some of the current rules of the international law system leads to the emergence of a school called legal pluralism, and according to this, international law emphasizes cultural diversity from the point of view of post-modernism.

start-up is a new business that offers a new solution to solve a problem; many consider it a new culture for new ideas and opposition to the existing ideas, the purpose of which is to solve existing problems in key points. The purpose of this article is to investigate the factors affecting the success of Iranian startups with an emphasis on environmental factors.
This article is descriptive-survey. Also, in order to identify the success components of start-ups, a qualitative method based on theme analysis and interviews with 17 experts was used. In the quantitative part, the factor analysis method was used and based on the extracted components, a questionnaire was prepared and given to 100 experts of start-up companies.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
The results of the interviews led to the identification and classification of 4 main components and 29 sub-components. Also, the factor analysis showed that the extracted sub-components are suitable for each of the main components of the research conceptual model and are considered suitable explanations for them. Also, the relationship between the main components and the success component indicates that all components are effective in explaining success.
The results showed that all the components are effective in explaining the success of start-up companies in Iran, and among them, the environmental component has the highest factor load and the most impact in the first priority.

An issue that has occupied the minds of the parties of the transaction, i.e., the buyer and the seller, for a long time, is the responsibility for the loss that occurs to the seller after the conclusion of the contract and before the delivery of the goods to the buyer. This issue is interpreted as mutual interest guarantee. The purpose of this article is to examine the mutual interest guarantee in Iranian jurisprudence and law and the Convention on the International Sale of Goods.
This paper is descriptive and analytical using library method.
Ethical Considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected.
Mutual interest guarantee is accepted in Iran's jurisprudence and laws and international sale of goods convention. In Iranian jurisprudence and law, it is an exceptional ruling and does not comply with the rules governing transactions, because although the property of the seller has been transferred, but in case of loss of the seller, the seller must return the cost of the sale to the customer. In the International Sales Convention, the transfer of collateral has been discussed. In the international sale of goods convention, the receipt of the goods by the customer causes the transfer of the guarantee.
In the Convention on the International Sale of Goods, mainly the transfer of collateral, its effects, time and place have been discussed in more detail, but in Iranian law, this issue has been discussed in general, and the legal approach is influenced by the jurisprudential rule of loss of the seller before receipt.

The importance of paying attention to the principles of proceedings and the need to comply with them requires that the arbitration rules and regulations, while explaining these principles, also provide for the guarantee of their non-compliance. The purpose of this article is to investigate the guarantee of non-compliance with the principles of procedure in arbitration in Iranian jurisprudence and law and English law.
The method of the present article is analytical description. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
In the arbitration system of Iran, especially the international commercial arbitration law, attention has been paid to the principles of proceedings. However, due to generalization, there are gaps and ambiguities regarding the status and guarantee of non-compliance with arbitration principles. And the arbitration system of this country, considering the most minor issues, has faced non-observance of procedural principles with the guarantee of effective and efficient implementation.
Iran's commercial arbitration law is the first experience of a modern law in line with internationally accepted standards. With the approval of the law, the freedom and discretion of the parties and arbitrators have increased considerably and judicial intervention has decreased.

Divisibility or indivisibility of a lawsuit is one of the important topics and issues of civil procedure, which is of great importance and necessity. The purpose of this article is a comparative study of separable lawsuits and separation of lawsuits in the civil procedure of Iran and France.
This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
The findings of the research show that both in Iranian law and in French law, the concept of divisible and indivisible litigation is raised in the plurality of litigants; When the number of applicants or readers is more than one person. If the rights and interests of the litigants can be separated from each other in such a way that the actions and actions of each of them, as well as the decisions of the court, do not affect the plaintiffs or other plaintiffs, it is called a separable lawsuit; Otherwise, this suit is indivisible.
The civil procedure law does not have an explicit provision regarding the separation between lawsuits and the combination of several lawsuits in one proceeding, and the type of judge's decision is not foreseen in both cases. Also, the lawgiver has kept silent about the divisibility of the lawsuit and the judge's decision in the assumption that he has to split the lawsuit.

Testimony is the non-expert declarations based on personal knowledge about the partial right or partial Shari'a matter, by third party, not on one's own actions, but for the benefit of other, without any harm to oneself, with the intention of vindicating the right or fulfilling Shari'a duty. The evidence of testimony is the reason for proving the claim and discovering the truth. It is also an evidence that reveals truth from falsehood. Therefore, it has a special validity and status in jurisprudence. Due to the changes of Shari'a texts and the Constitution, we are witnessing changes in civil matters after the (Islamic) Revolution. The purpose of this research is to explain the legal developments of testimony in civil affairs. 
Research method is descriptive _analytical and data collection has been carried out through documentary method. Analyzing the content and benefiting from jurisprudential and legal writings.
Ethical Consideration: In present study, the [rinciples of text originality, honesty and trustworthiness have been observed.
The improvement of probative value of evidence of testimony compared with jurisprudential evidences has been considered as a duty and Shari'a duty to support the owner of rights. The discrepancy between jurisprudence and law causes changes and developments in testimony in civil matters.
Maintaining the social interaction system in Muslim Society is based on the evidence of testimony in order to implement justice and respect the property and rights of others. As a result, the evidential value of testimony can be considered according to jurisprudential sources and foundations.

The accident of flight number 752 of the Boeing 737 plane of Ukraine Airlines, which occurred in the sky of Iran in January 2018, has wide legal dimensions in addition to the political-security dimensions. The purpose of this article is to investigate the criminal responsibility caused by the Ukrainian plane crash in the sky of Iran and its effects.
This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
The findings of this investigation indicate that the unintentional error of the Iranian air defense operator caused this accident. Therefore, due to the fact that the error of Iran's air defense is a clear example of the criminalization contained in Article 714 of the Islamic Penal Code and Article 54 of the Armed Forces Crimes Law, and the criminal fault and the causal relationship between the fault and the loss are also visible, therefore, the guilty person is responsible and The convicted person is recognized and subject to the guarantee of legal executions, including the payment of ransom.
Conclution: In addition to the criminal responsibility for the perpetrator of this accident, this accident has the ability to spread to the government of Iran and is the basis for the plan of responsibility for the government. Because, in principle, in crimes committed by the armed forces, the effect of the committed crimes, along with the individual agent, returns to the respective government.

Public will is one of the important issues in the field of political systems, which has always been the subject of discussion and opinion. to examine the position of public will in the constitutional law compared to the constitution of the Islamic Republic of Iran is purpose of this article.
This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
The findings showed that the structure of the Constitutional Constitution and the Constitution of the Islamic Republic of Iran, despite some similarities, have fundamental differences. The Islamic nature of government is the most important difference between the two discussed constitutions. In the structure of both laws, public will has been influential in the form of separation of powers, individual and social freedoms, rule of law and legislation by people's representatives. Under the influence of public will, in the constitutional law, the origin of the government is considered to be the people, but in the constitution of the Islamic Republic, according to the Islamic In fact, the origin of the government has a divine aspect and the people mainly play a role in the acceptance of the government.
The influence of public will in the Constitutional Law and the Constitution of the Islamic Republic of Iran was not absolute and faced some limitations.

Contracts are very important tools for regulating business relationships and reducing the risks associated with it. Due to the importance of contracts, it is necessary to be careful in setting them up and consider the key terms and conditions to protect your interests. The purpose of this article is the terms effective on risk management in contracts.
This article is descriptive and analytical. The materials and data are also qualitative and Materials and data are non-qualitative.  data collection has been used in the collection of materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
The condition of obligation to compensate contractual damages, the condition of exemption from liability and the condition of force majeure, the change of circumstances and the condition of contract adjustment, the condition of paying the price in currency or gold, the condition of the governing law and the condition of insurance are among the most important conditions affecting risk management in contracts. Contractual allocation of risk based on the principle of contractual freedom and considering the preferences and limitations of the parties in maximizing contractual returns is considered the most effective and efficient method of allocation.
Since the source of risk is a set of certain events or conditions that alone or in combination with other elements cause uncertainty or risk and as a result, effects are actualized that lead to unexpected deviations in the goals of the contract, including profit. or losses, therefore, effective terms on risk management in contracts can lead to risk reduction and help the stability and continuity of contracts.

Expertise is one of the important evidences in civil procedure, which plays an important role in the realization of fair proceedings. But the official judicial expert may make a mistake and this will lead to damage to one of the parties. The purpose of this article is to investigate the effect of criminal offense on the civil liability of the official judicial expert in Iranian and British law. The method of this article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed. Both in Iranian law and in British law, the basis of the effect of a disciplinary offense on the civil liability of an official judicial expert is based on the theory of fault. Therefore, in the laws of the two countries, if a judicial official causes damage to one of the litigants by committing a violation caused by intent or negligence, he is responsible for the damage caused. In order to be able to demand damages from the official judicial expert, the violation or fault of the expert must be proven, and the criterion for the violation or fault of the expert is actually the violation of the behavior of a conventional professional person in that field. Therefore, in this category, proving this violation or fault is associated with problems.

the approach of sustainable urban development management, paying special attention to sustainable indicators of the city is necessary to provide the citizens' wishes and opinions on city affairs in order to achieve balance and sustainable urban development. Based on this, the aim of this article is to examine the economic development policies of the Islamic Republic of Iran, focusing on development programs in environmental protection.

This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.

In Iranian law, sustainable development has been discussed in the five-year development plans. The 5th and 6th plans can be considered a turning point for creating a suitable mechanism to achieve sustainable development. In general, due to the lack of a desirable, coordinated and optimal planning system and the lack of a coherent and institutional connection between planning, policy making and budgeting, the development plans are merely a set of general rules, portraying ideal goals. What is important is to guarantee the implementation of the rules and principles governing sustainable development management.

Sustainable development management requires continuous monitoring of the intensity of economic, social and environmental measures with the aim of finding a new type of healthier and long-term development.

The formalization of contracts is one of the problems of the country's banking system and a factor in violating the rights of bank customers. For this reason, the purpose of the current research is to examine the reasons and solutions for the formalization of bank contracts from an executive and legislative point of view.
The method of this article is analytical-descriptive and the research tool is a library.
Ethical Considerations: In writing the present article, the principle of documentary reference and trustworthiness is based.
the complexity and multiplicity of laws, bank operators' disregard for the principles of Islamic banking, clients' ignorance of contract texts and the imposition of contract conditions by the bank on the customer, the bank's aversion to investment risk, diversion of unsupervised facilities. Real is one of the factors of formalization of bank contracts.
The harmless rule for defending the economic interests of customers is to follow the intention of the contract, transparency, customer awareness and genuineness of the contracts, the solutions to prevent the formalization of contracts. Bank contracts should not be in such a way that they consider the minimum profit for the bank and ignore the interests of the customer; Because it violates the rights of the customer. Realization of contracts and spending of facilities in the cases specified in the contract and prevention of diversion of facilities should also be taken into account by the bank's supervisory elements.

America uses embargo not as a tool and method to apply pressure but as its foreign policy. The purpose of this article is to examine the effects of the pressure and control approach of the United States of America on Iran's oil and gas industry and its confrontation with the right to development, as well as trying to provide suggested solutions to deal with it in the international arena.
This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
The right to development belongs to all citizens, and the United States' approach to pressure and control over Iran's oil and gas industry violates the right to development in Iran. Governments are obliged to refrain from resorting to any type of action that contradicts international cooperation. Article 2 paragraph 4 of the United Nations Charter implicitly confirms this necessity. There is no doubt that international cooperation is one of the goals of the United Nations, and economic sanctions seriously threaten international cooperation and contradict the spirit of the new economic system that is being developed at the international level.
It is necessary to pursue appropriate legal measures in order to deal with unilateral US sanctions, which violate the right to development, through international legal forums.

Under the influence of globalization, two trends of universalism and at the same time relativism of human rights are proposed. The purpose of this article is to analyze the condition of the Islamic Republic of Iran in joining the human rights documents with regard to the native culture.
This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Acceptance and respect for indigenous culture and cultural diversity in general means respect for human rights, and in particular, paying attention to some examples of human rights, including minority rights and cultural rights. It is even possible to consider having the right to native culture and cultural diversity as one of the basic human rights. Iran's conditional right on human rights treaties can be explained on this basis, of course, Iran's conditional right is due to its vagueness and indeterminacy, as well as its contradiction with the subject and purpose of the treaties and the violation of the general principles of treaty rights, including the principle of the impossibility of invoking domestic laws and regulations for The non-implementation of the provisions of the treaties as well as the inconsistency with the unconditional ratification of the human rights treaties are objected.
The correct approach is that the right of bet is detailed and specific. This means that it should be announced which part of the provisions of the human rights treaties are in conflict with which laws of Iran.