فصلنامه حقوق پزشکی
پیاپی 57 (تابستان 1401)

Advances in genetic engineering and modern biotechnology, through which a new state is produced or modified by making changes in a living organism, however, the unfamiliarity of biotechnological aspects and effects can cause damages to the environment, while the claim for such damages necessitates filing a lawsuit by the aggrieved party in the competent authority against the person who is responsible or liable, and also proving the damage and verifying the causal relationship between the damage and the harmful act. Nevertheless, the special characteristics of environmental damages and products of biotechnology, such as very late appearance, have caused the principles and methods of dealing with such cases completely different from the majority of cases. Indeed, it has created certain problems and challenges in practice. So that, despite the existence of general laws such as the Civil Liability Law and the Civil Procedure Law, as well as the establishment of special ones such as the Biosafety Law, there are still legal gaps and ambiguities in the field. The purpose of current study is to investigate and resolve these ambiguities

The issue was investigated in a descriptive and analytical way using a library resource.

Ethical Considerations: 

During the research process, important principles such as trustworthiness and ethics have been preserved ocation and will be subject to its rules and effects. For the case of legislative equivocation, a solution can be sought in light of the principle of proportionality.

The necessity of Establishment an organization as a legal representative of society members to file a related claim; apply the theory of pure responsibility to determine the liable person and compensate the mentioned damages and requirement of special courts for filing of such lawsuits.

After examining the functions of biotechnology and its risks in different fields, it was concluded that they can sometimes produce several environmental problems as well. As a result, challenges such as finding out the plaintiff, the defendant and the liable person, or determining the government as the defendant or the obligor and also naming the competent authority and issuing a temporary order were identified. Finally, we came to this conclusion that due to the spread of losses among many victims and the impossibility of filing a lawsuit by each one of them, it would be better to establish an organization as a legal representative of society members for determining the plaintiff. So that in certain laws, such as the Environmental Protection and Improvement Law approved in 1974, the necessity of the issue was sporadically foreseen, and due to the complexity of such damages, it is better to apply the theory of pure responsibility to determine the liable person and compensate the mentioned damages. In addition, in cases where it is not possible to compensate the damage by the person causing the damage (such as failure to identify the liable person) for any reason, the government, as the protector of public interests, will be obliged to compensate the damage. Therefore, the filing of such lawsuits, considering their importance and complexity, requires special courts.

The contract has long been mentioned as an effective tool in the exchange of goods and the use of services, but today, with the increasing growth of international trade, the process of preliminary negotiations and negotiations in the pre-contractual stage has become inevitable, so that it is referred to as one of the stages of concluding a contract.

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.

During this period, the principle of contractual freedom requires that it be possible for either party to withdraw from the negotiations. However, if leaving the negotiations or violating the pre-contractual obligations is contrary to good faith and the principle of integrity and causes damage to one of the parties, the fulfillment of pre-contractual liability is required.

There is no independent issue in Iranian law called pre-contractual liability. In Iranian law, various assumptions should be considered: The first is the assumption that the requirement is binding and implies a kind of commitment to maintain it for a certain period of time and second, the assumption that the requirement is simple and non-binding, in which case recourse to the requirement will not initially entail pre-contractual liability.

One the most important issues in the field of medical sciences are the ethical, legal and religious framework of researches that is done on human subject for development of science. In this paper we review the reasons of liability and non-liability of physician in biomedical research to explain the view of Islamic law in this matter.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and internet sources 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 theory of non- liability of the physician, which is accepted by contemporary jurists and the Islamic Penal Code, only includes Therapeutic researches and other standard medical measures, and its ruling cannot be extended to non-therapeutic researches.

Based on discussions made in this paper is clear that based on Islamic jurisprudence, the theory of non-liability of physician in Therapeutic research seems to be more accurate but given that the reasoning for lack of liability does not apply to the scientific and non-therapeutic researches, so according to Islamic rules, the liability theory in scientific research is closer to the truth.

In Today’s world, at this very time when the need to realize human values is felt as never before in the international community, children should make the most of the totality of their human rights and a healthy and growing life. Despite the trend, abusing children, particularly in the form of terrorist activities and suicide operations, continues to gather pace. With the track of developments pertaining to the realization of the totality of human rights, the international community has endeavored in the form of various international documents to take invaluable and decisive steps in protecting children.

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 states, international organizations and institutions and non-governmental human-right advocacy groups in modern, developed countries must help launch a novel human-rights movement to protect the disadvantaged strata, such as children and women. Finally, despite the arguments of human-rights activists and advocates of normative development in defense of the child soldiers' rights being noteworthy, the lack of meaningful improvements on this front may be because global public opinion is still not in tune with the problem of child soldiers. Experience suggests that when an issue reaches a critical level or the pressure from the public opinion and the civil society becomes overwhelming, the international community, in general and the government in particular, move towards normative development in international law. Drawing on library and online sources and international documents, this article aims to examine the children's rights and discuss how to effectively protect them against the crisis of terrorism and the effects of suicide operations on the physical and mental health of the child in the realm of international law.

Boko Haram's use of minors in various regions has caused adverse ethical, physical and psychological consequences for the children. The intensity of the crimes committed by this organization surpasses crimes of terrorist and rebel groups in the past. The available international documents on children help safeguard their rights and well-being, however, these documents lack powerful and effective legal sanctions. To overcome these shortcomings, the states must cooperate and show solidarity as active defenders of human rights and adopt the necessary measuresh.

Citizenship rights are a part of contemporary concepts that have entered the legal literature of Iran. Also, in Iran's judicial structure, there is a positive approach towards this concept, and efforts are being made to use this concept practically. Our goal in this article is to know the basics of citizenship rights in Iran's legal system

This article has analyzed the basics of citizenship rights in Iran's judicial system in a descriptive-analytical way and tried to explain these basics. The research tool is the sampling of library resources
Ethical Considerations: The principles of honesty and trustworthiness have been observed from the beginning to the end of the article

The findings indicate that citizenship rights are accepted as a positive concept in all areas of Iranian society and require the opinion of individuals in the society. The importance of this issue and the need to address it in the scientific texts being published is obvious, and researchers all over the world are seeking to improve the understanding of societies about the rights that are necessary and necessary when facing the judicial structure

Benefiting from the principle of acquittal, the right to defense, fair trial, the right to protest judicial decisions, open and non-discriminatory proceedings, the right to access judicial evidence, the principle of legality of crimes and punishments, the right to compensation for damages caused by judicial errors, the right to choose a lawyer is one of the most important Judicial rights are considered citizenship. In Iranian law, in Article 34 of the Constitution, litigation is an inalienable right of all people. According to Principle 156, the judiciary is the supporter of individual and social rights and is responsible for realizing justice as well as restoring public rights and expanding justice and legitimate freedoms.

The formalities of arbitration agreements seek to make sure that the parties involved have in fact reached an agreement. As well, the issues associated with the realization of the formal condition and the consent for arbitration are often intertwined and considered together. In Iran’s legal system, the formalities of arbitration in international trade differ on the basis of 1. Whether they are considered by a national court or arbitration authority; 2. The stage of the agreement. After analyzing various theories, the New York Convention and, where possible, the easier formalities in arbitration law in both state judicial authorities and private ones are accepted.

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 book and articles.
Ethical Considerations: In order to organize this research while observing the authenticity of the texts honesty and fidelity have been observed.

The convergence of the dominant way of thinking in the legislative system of statutes in Iran with the dominant international law governing international arbitration in formalities foreseeing the validation of arbitration agreements holds promise for a facile settlement of differences of Iranian businessmen taking into account the new findings in international trade.

Currently, in both the statutes of Iran and the approach of the international arbitration bodies emphasizing the performance of organizational arbitration, there is a need to implement formalities on validating the international trade arbitration agreements. It is done to facilitate the procedure regardless of the stage at which it is - on the national and international level - and despite difficulty in identifying the dominant law.

quota. Although this is very important in order to protect the public interest, it is necessary to have special protection mechanisms in laws provided by legislators to guarantee the individual rights of people accused of such crimes in order to properly defend their rights and benefit from a fair trial system. This is despite the fact that the current state of proceedings in cases of petroleum products smuggling has many weaknesses, shortcomings and problems in terms of norms and functional procedures, which rightfully causes significant damage to the prosecution of the accused in this regard. Therefore, this article aims to answer this important question: what legal damages exist in this specialized judicial system and what solutions could be suggested to correct and solve them?

This research is theoretical; its method is descriptive and analytical. The method of collecting information is in the form of a library, referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

In the current legal system of our country, the proceedings of petroleum product smuggling cases follow a special process, which consists of administrative proceedings, criminal proceedings, quasi-criminal proceedings and administrative proceedings, each one with shortcomings and defects.

Generally, we found that it is necessary to maintain the position of the "Nature Determination Working Group" as an expert authority and to strengthen the research mechanisms of the government penal judge by referring the matter to the expert of the alternative Working Group or the official expert of the judiciary. We suggested changing the composition of the Tazirat’s special branches in which judicial officials to be member; In addition to these, it is necessary to accept the complaints of the beneficiaries from the opinions of the Working Group in the branches of the Administrative Court of Justice as a judicial appeal mechanism.

Foreign investment, along with many benefits, can cause damage and destruction of the environment. In the present paper, an attempt has been made to examine Iran's legal approach to the environment in concluding foreign investment contracts.

This paper is descriptive and analytical applying library method.
Ethical Considerations: In the present paper, the originality of the texts, honesty and trustworthiness are observed.

In Iranian law, the activities of foreign investors require obtaining a license from the Environmental Organization. The obligations of the foreign investor regarding environmental issues include not destroying the environment, not polluting the surface, the continental plateau and the exclusive economic zone and the responsibility towards the environment is proportional to the level of pollution, which, of course, is mainly mentioned in a general and tentative way. Regarding non-contractual obligations, we can refer to more general laws, such as Article 50 of the Constitution and some international rules regarding the necessity of protecting the environment and responsibility for compensation. Of course, the obligations and responsibility of foreign investment companies in compensation for environmental damage are facing challenges. Among these challenges are the ambiguities regarding the laws governing the compliance of the biological requirements by the foreign investor, the lack of clarity of the mechanism for monitoring the compliance of the environmental rules by the foreign investor, as well as the authority for resolving disputes?

It is necessary to specify environmental issues in foreign investment contracts in the form of a clear contract with details attached to the contract and the mechanism of compensation and the authority of the investigation.

In this paper, an attempt has been made to compare the general rules of contracts with the specific rules governing capital market transactions.

The current paper is descriptive and analytical and the library method is used.
Ethical Considerations: In this paper, the originality of the text, honesty and trustworthiness are observed.

The characteristics of contracts and stock markets have caused that the general rules of the civil law and other regulations are not enough to regulate stock transactions. Contrary to the general rules of the civil law, which is sufficient for the correctness of the transactions, compliance with the general conditions of the transaction, including the articles of article 190 of the civil law, such as the intention and consent of the parties, the capacity, the specific subject and the legitimacy of the purpose, in the case of capital market transactions, in addition to that, other conditions such as market transparency, fair competition, the principle of supervision and the formality of transactions are also necessary. Therefore, the general conditions of the civil law have been expanded with the emergence of the capital market and its related rules and new conditions have been added to it.

The differences between stock market transactions and other transactions require that certain principles and rules govern stock market transactions. Transactions in the capital market are carried out according to the rules and regulations of the capital market. In the various stages of conclusion, validity, conditions are somewhat according to the general rules of contracts and in the stage of discharge, they are based on capital market contracts and stock exchange organizations supervise the process. In this type of transactions, the way of doing the transaction is determined by the stock exchange organizations and is not left to the will of the parties.

The cooperation of litigants is one of the important issues and a point of disagreement. The purpose of this article is to examine the cooperation of litigants in French law and its position in Iranian law, emphasizing the study of evidence and the discovery of truth.

This paper is descriptive and analytical and the library method was applied.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.

The cooperation of litigants is accepted in French law. In Iranian law, the path of legislative evolution shows the desire to study reason and it seems that the study of reason with motivation and the goal of discovering justice leads to the realization of rights and the implementation of real justice and the legislator, by drafting Article 199 of the new procedural law, actually wanted the decline of the power of extreme individualists and has tended towards cooperation between litigants and civil judges. In other words, nowadays the burden of proof has been experienced. The burden of alleging and proposing issues is still on the claimant and the judge does not play a role in this field, but the burden of proof is on both the claimant and the judge, the parties with the reasons they present against each other and the judge with the actions or investigations that He cooperates to reach the truth.

Today, the judge can perform actions that previously depended on the request of the litigants. Nevertheless, the law should not be interpreted broadly and the judge's freedom should be seen as unbridled and unconditional.

Most of the legal writers consider the occurrence of death and death on the lawyer and the client as the reasons for annulment of the power of attorney contract. In jurisprudence, they consider the non-existence of the power of attorney contract after death in the consensus of scholars and in Iranian law, in the third paragraph of Article 678 and Article 954. A. Also, according to jurisprudence, the occurrence of death and dissolution of the power of attorney contract is absolutely considered to invalidate the power of attorney contract, of course, according to different interpretations of Article 777 M. and other similar articles and contracts such as mortgage contract and will will not leave the idea of survival of the power of attorney after death. Therefore, the purpose of this research is to examine the possibility of the survival of the power of attorney after death, considering the legal differences and major problems that have arisen due to the absolute cancellation of the power of attorney contract after the death in the judicial authorities.

This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based and it was done by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, the originality of the text, honesty and trustworthiness have been observed.

The study conducted in Iranian law shows that the power of attorney contract is absolutely nullified if the death and death happen to it and the civil law regarding the possibility of remaining silent, according to a comparative study conducted in legal systems such as Egypt and France in this regard that the power of attorney contract is not invalidated at the very beginning due to coercive factors such as death or death, but taking into account the interests and losses of the interested parties, the decision to cancel or maintain the power of attorney contract will be made after death.

The result of the current research and comparative studies is that there is a possibility of the survival of the power of attorney contract after death and death in some cases. The document of this claim is the difference of opinion of jurists in this field, legal principles and rules, as well as the establishment of legal systems. It is like Egypt and France, which do not consider the power of attorney contract to be invalid from the beginning just because the parties die or die, but in some cases, depending on the interests and losses of the parties, they consider the survival of the power of attorney contract after death and death happen to it.

Startups have various legal aspects. The intellectual property rights of startups are one of the important issues discussed in this paper.

The present paper is descriptive-analytical and the issue under discussion is investigated using the library method.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.

The findings indicate that one of the ways to support startups is to protect the intellectual property rights of these types of businesses. Patent protection, trade secret protection, trademark protection and copyright are the most important mechanisms for protecting the intellectual property rights of startups in Iranian law and international documents. However, there are challenges in this regard: the lack of inclusion of the law supporting knowledge-based companies for all startups as the most important protection law in this field, the lack of support mechanisms for the commercialization of inventions and ideas in startups after registration and the unreliability and insecurity of the activity in this field regarding their innovative ideas are among the most important challenges in this regard.

It is necessary to pay attention to the issue of intellectual property from the beginning of the formation of a startup, as

Exploitation of the common heritage of humanity in the light of maritime knowledge is one of the important topics that are rarely discussed and in this paper; an attempt is made to examine how the transfer of maritime technical knowledge can be analyzed under the protection of intellectual property rights.

This paper is descriptive and analytical, using the library method.

Ethical Considerations:

In all stages of writing the present research paper, the originality of the text, honesty and trustworthiness have been observed.

Although according to the rule of the common heritage of human beings, the exploitation and use of the existing wealth of the seas belongs to all mankind, despite the support of intellectual property for the transfer of maritime knowledge, it is not possible to exploit the common heritage of mankind for everyone, and there is a kind of conflict between the transfer of maritime technical knowledge according to intellectual property rights on the one hand and the rule of the common heritage of humanity on the other hand. This means that the transfer of maritime knowledge is the monopoly of developed countries and many of these countries cannot afford to buy and use these technologies, therefore, maritime knowledge under the protection of intellectual property rights causes the monopoly of maritime technical knowledge and thus prevents the transfer of maritime technical knowledge.

It is necessary to take a middle approach that in the framework of intellectual property, protection of marine knowledge is done on the basis of selective support that is different from other categories of intellectual property both in terms of time and in terms of strictness, in a way that does not completely limit the realization of the principle of the common heritage of humanity.

Commercial deputy is one of the subjects of commercial law, which has many ambiguities in Iranian law, including in the field of liquidation. Due to the closeness of Iranian and French laws, one of the ways to explain these ambiguities is a comparative study with French laws. In this paper, an attempt is made to investigate the liquidation of commercial representative in Iranian and French laws.

This paper is descriptive-analytical and the library method was used.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.

In both Iranian and French laws, the liquidation of a commercial representative is possible in both voluntary and involuntary ways. Dismissal and resignation are the most important voluntary factors and death and incapacity, bankruptcy and expiry of the term are the most important involuntary factors in the liquidation of a commercial representative in Iranian and French laws. The liquidation of a commercial representative is similar to the liquidation of attorneyship in civil affairs, with the difference that in the case of the death of the head of the commercial office, the commercial representative is not dismissed and in the first way in the case of insanity, the head of the commercial office is not dismissed, however with the liquidation of the commercial office, the commercial representative is dismissed, because the commercial rationale is lost. This exception has been removed in the new bill and upon the death or incapacity of the merchant or the liquidation of the company, the position of the commercial representative is terminated, however, upon the death or incapacity of the merchant, the commercial representative is responsible for managing and guarding the property until the appointment of a successor.

The existing legal loopholes regarding the liquidation of a commercial representative as well as the lack of predicting the obligations and also the failure to predict the cases of liquidation have caused ambiguities and on the other hand, a clear and comprehensive definition of the commercial representative has been provided neither in the commercial law nor in the new bill, therefore, it is suggested that legal loopholes be resolved.representative has been provided neither in the commercial law nor in the new bill, therefore, it is suggested that legal loopholes be resolved.

The approach of the third generation of human rights towards the environment and guaranteeing the implementation of environmental protection is one of the important issues to be investigated in the present paper.

This paper is descriptive and analytical, using the library method, and it investigated the above-mentioned subject and the data was collected by referring to documents, books and articles.

Ethical Considerations:

In all stages of writing the present research, the originality of the text, honesty and trustworthiness have been observed.

For damage to the environment, punishments such as compensation, financial fine, and restoration to the previous situation have been considered. The guarantees of civil and administrative actions in the field of environmental damages are not able to fully compensate the damages caused to the environment and its human victims. In other words, financial fines have not been able to deter environmental violations. Therefore, this inefficiency has been taken into consideration by applying criminal law as a supplement to the guarantee of existing implementations. In Iran's laws, punishments such as fines and imprisonment have been determined for environmental destruction as a guarantee of execution, but the determined punishments, especially the amount of fines, do not have sufficient deterrence.

The international community has noticed the use of the guarantee of criminal implementation in the protection of the environment in the international arena, and it has brought the criminal mechanism into the field of international environmental law in a limited way, but it faces the challenges, such as classical and sovereignty-oriented international law, the nature of the environment itself as well as the limitations of criminal law. In Iranian law, it is necessary to determine a more efficient criminal guarantee as a surety for criminal execution.

Embryo donation, so to speak, is the transfer of the embryo resulting from the extrauterine insemination of the third couple's sperm into the applicant's womb, who for some reason is not capable of reproduction. Mutual respect is spoken, but an important issue such as the confidential relationship that is created as a result of this donation has remained silent, which can cause problems in the future. According to medical theories, the origin of the embryo is egg and sperm, so there is no doubt in assigning the donated embryo to the donor couple, but what is the subject of question and controversy is the relationship that the donated embryo has with the donor couple, or in other words, their biological parents. This article, which is written with a descriptive and analytical method, examines different theories and it is concluded that among the different jurisprudential and medical theories, the theory that the child is basically attributed to the donor couple, but in the case of the donor couple The recipient is in the status of a foster child in relation to the woman who owns the uterus and in the status of her godmother in relation to the husband of the woman who owns the womb; It is the most acceptable theory.

The research method is descriptive-analytical using library resources.

Ethical Considerations: 

In the upcoming research, it has been done by maintaining the originality of the content and respecting the principle of fairness and trustworthiness.

In this article, it can be seen that according to medical theories, the origin of the embryo is the egg and sperm. Therefore, there is no doubt in assigning the donated embryo to the donor couple, but what is the subject of question and dispute is the clarification of the legal position of the parties (donor and recipient) in this legal act and the legal relationship between the donor couple and the donor couple as a result of the legal act of donating the donated embryo. Or, in other words, the parents find their birth certificate, which recognizes the fetus as a gifted object, the one who gives the fetus is the donor and the one who receives the fetus is the one who receives the fetus.

Among the different jurisprudential and medical theories, this theory that basically the child is attributed to the donor couple, but in the case of the donor couple, the woman who owns the womb is considered as a foster child and the husband of the woman who owns the womb is considered as her foster child, among all the theories. This theory is the most acceptable theory.

Today, in most legal systems, one of the measures to resocialize criminals is to grant amnesty or commutation of the sentence of the convicts by the highest authority of a country. In this regard, paragraph (1) of Article (1) of the Constitution considers one of the powers of the leadership to pardon or reduce the punishment of convicts within the limits of Islamic standards. Our most important goal in the present article is to explain the exact meaning of the phrase "within the limits of Islamic standards" in this principle and its religious requirements in order to determine the limits of this competence for leadership.

This descriptive-analytical article has been prepared using documentary method and filing tool.

Ethical Considerations: 

In all stages of writing the present study, honesty and trustworthiness have been observed.

The findings indicate that, the provisions of the amnesty and mitigation commission of the convicts approved in 1387 does not fully comply with the jurisprudential standards in this regard due to the limitation of the leadership's competence to pardon or reduce the convicts to the Hudood; Therefore, considering that the by-laws have not been reviewed by the Guardian Council so far in terms of inconsistency or non-inconsistency with the Shari'a and the Constitution, it is necessary to review and amend the by-laws in this regard.

The result of descriptive-analytical study of this issue indicates that firstly, "Islamic standards" in this principle, including primary and secondary rulings. Secondly, according to the Shari'a, the authority to grant amnesty or commutation of the sentence of the convicts by the leadership is reserved for the convicts to Hudood, in special circumstances and if there is a compelling expediency, it is possible to , Pardoning or Mitigating these convicts to a secondary verdict for the leadership.

The worst forms of child labor include all forms of slavery and similar methods, prostitution and the production of shows and images that are called pornography, as well as other illegal activities such as transporting and distributing drugs. The International Labor Office insists that such actions are not only crimes but also economic exploitation that has nothing to do with the traditional concept of work.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and 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.

Iran's labor law considers childhood and adolescence to be different. The labor law also calls people under 15 years old as children and 15 to 18 years old as teenagers. In the labor law, there is no gender difference in the definition of a child and all people under the age of 15 are considered children and according to the 17th principle of the constitution, this should be considered as 15 years of age.

What is prohibited in various conventions today is work that is harmful to the physical, mental and psychological health of children and adolescents and disrupts the child's growth. Because work that is beneficial is not forbidden and is one of the examples of worthy work. Therefore, in this context, one should distinguish between the work that has an exploitative aspect and the work that has a positive effect on the child's development and what is intended by this research is the same concept that has a harmful aspect and is also intended by international documents.

One of the most important issues in equal rights between men and women is paying attention to the natural differences between men and women. From the point of view of human rights, paying attention to women's natural rights is the first step for realizing their rights. The present study will examine the effect of women's physical condition on their 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.

It is very important to pay attention to the right to life, health and health in addition to the right to women's illness. Despite the fact that gender does not make a difference in punishment, we see such differences in the Islamic legal system and the laws of our country that are written on this basis. Differences in the type and amount of punishment, exemption from it and its implementation.

The results of the research show that the non-punishment of women in case of their special health conditions such as menstruation, menopause and pregnancy has not been issued in jurisprudence, Quran, law and medicine, and there is no law in this regard.

In order to protect and exploit their natural resources, countries are enacting laws and regulations at the national level in the laws of Iran since 1338 for the protection and protection of forests to the organization of forests and pastures, which is in charge of the protection and protection of these The mission is to prepare and formulate forestry plans in line with the law and its implementation. In this respect, in line with the implementation of the regulations regarding the plans, considering that since 2016, the plan to replace the forest in order to protect and protect the forests and Indiscriminate exploitation was applied, as a result of the actions of legal entities involved in the projects, damages may be caused to natural resources.

The present research was carried out with a descriptive-analytical method.

Ethical Considerations: 

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

In the legal system of Iran, the Law on Protection and Exploitation of Forests has addressed its legal issues. In the meantime, sustainable development regulations have been able to bring about changes in the protection of forests. There are many international documents regarding the protection of forests. Among these documents is the Basel Convention, which deals with hazardous and toxic wastes. Considering that commercial companies are legal entities whose activities may be related to the forest; therefore, their responsibility is important from a social and civil perspective. Based on this, the social responsibility of companies includes the accountability of company managers, the transparency of companies' information and the commitment to protect the environment in contracts. Also, regarding civil responsibility, environmental responsibility, whether it is based on the system of responsibility in public law or follows the rules of responsibility in private law, without the existence of a causal relationship between professional activities and the occurrence of damage, it cannot be realized. Protection of forests has always been considered in international environmental documents. The most important documents in this field are sustainable development documents, which today can be referred to as the 2030 document in this field.

One of the most basic and fundamental rights of every human being is to have a healthy environment and clean air. Meanwhile, the issue of forest is important as an important part of the environment. In Iran's legal system, in the Law on Protection and Exploitation of Forests and Ranges approved by the National Assembly of 1346, with the latest amendments until 2016, the nature of the forest has been stated and its legal issues have been stated. These regulations have been able to define the range of the forest to some extent and separate it from other similar cases. In the meantime, sustainable development regulations have been able to bring about changes in the protection of forests. The normative basis of the right to development is mainly based on UN resolutions, especially the Declaration of the Right to Development. The right to development is among the third generation human rights and in fact, the third generation human rights are based on the solidarity of more and more people and governments.

Throughout history, there have been rulings on property and assets that are a part of this system that states the quality of property transfer and the factors and reasons for non-transfer. The Civil Code of Iran, in articles 864, 862 and 861, in addition to stating the method of inheritance transfer, in articles 880 to 885, it lists the factors and reasons for not transferring the inheritance. Obstacles to murder, infidelity, cursing and birth from adultery are among the factors that Iranian civil law considers as obstacles to inheritance, although scholars and jurists do not agree on the determination of obstacles to inheritance, but the writers of the civil law define the mentioned obstacles based on their opinion. Famous scholars have stated.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and 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.

Inheritance is one of the social institutions in which legal rules and principles have not been introduced and in the periods of the history of nations, it is based on social traditions and customs and for this reason, in the mentioned institution, the customs and traditions of nations and religious traditions is more important. Legal rules are relied upon and Iranian law is not exempt from this practice and one of the complex legal issues of the Iranian system is the personality status of non-Shia Iranians, of which inheritance is one of the examples.

The transfer and placement of the estate is done from the deceased to the heir when the causes and conditions of inheritance are met, but this transfer is complete when there is no obstacle to the proper effect. These are the causes of inheritance barriers. The famous view in Shia jurisprudence states that the only famous document in the discussion; The prohibition of inheriting an unbelieving heir from his unbelieving heir has been unanimous. Such a point of view in Shia jurisprudence is accepted by everyone, not that every jurist has a special opinion about this, so the Imami jurists are of the opinion that a Muslim inherits from an infidel and prohibits the heirs of an infidel from inheriting.

Two jurisprudential documentaries, Araf and Banai al-Aqla, play an important role in Imami jurisprudence and principles. The jurisprudence system and the principles of Shia jurisprudence consider only matters eligible for the discovery of a Sharia ruling whose content and authenticity have been proven and in this system; a procedure that can successfully pass the two stages of content and legal approval is accepted by Shia jurisprudence. Based on this, this system can be considered an authentic system.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and 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.

In this article, after a new definition of the foundation of rationality, to the new problem and challenge that we are facing in the era of globalization, that is, how can modern rationalist methods be adapted in the current era with the foundation of rationality approved by Shariah? It is answered.

The results of the content analysis show that according to the certain and agreed principle of the usulists, the rationalistic procedures or the building of rationality must have all the components of authenticity and not face legal objections in order to be relied on in jurisprudence. According to the Usulists' point of view, the non-rejection of the Shariah does not need a proof, but as long as the general prohibition of the Shariah does not include the case of rationalists and modern rationalistic practices, the non-rejection of the Shariah is proven and therefore, any practice can be accepted in the present era. The future was examined and adapted.

Looking at it from a different angle, talking about the civil responsibility of minors and mentally ill people is actually a philosophical exploration regarding the quality of the influence of young age and the weakness or lack of the psychological element of perception in civil liability rights.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and 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.

In this kind of research, we are basically faced with two attitudes and intellectual bases: on the one hand, there are objectivist systems that do not involve young age or the lack of a clean psychological element in the rights of civil liability, but the analysis approach They have based themselves on purely objective relationships. On the other hand, there are subjective systems (individualistic in a special sense) that look for the influence of complex psychological and mental elements on the rights of civil responsibility and the relations of the litigants.

This tendency tries to take a step by involving the age and psychological elements in the minimum or maximum adjustment of the civil responsibility of minors and minors. Despite this, it seems that a more logical solution is to adopt middle and mixed approach, a criterion that puts objectivity next to personalism and draws a favorable balance point between the rights of the parties to the dispute. But without a doubt, it is difficult to adopt a final and decisive solution in this kind of philosophical-legal studies, because the face of moral considerations and fairness in such studies has been prominent, the decisive boundaries of law and ethics have become fainter and in the same way The amount of achieving real justice becomes more difficult.

In Iran's legal system, according to Article 690 of the Islamic Penal Code, the judgments of the criminal authorities must be implemented in the judicial organization by the execution unit of criminal sentences, although the general process of the execution of these judgments is determined in laws, including the law on the execution of civil sentences and the law on the execution of financial convictions. However, the implementation of the decisions of these authorities in some cases is accompanied by ambiguities and challenges, so that the convicted Leh faces problems in achieving his rights, the present article, which uses a descriptive and analytical method, investigates these ambiguities and challenges and implies It is based on the fact that the ambiguities in the process of implementing the most important decisions of the aforementioned authorities, including those related to financial convictions and those related to non-financial convictions, have led to the emergence of different procedures in the criminal justice enforcement units, and the implementation of these decisions in practice is also accompanied by challenges. Some of them include ambiguity in votes, lack of guarantee of adequate implementation, interpretability of judicial authorities, etc

A fiduciary sale is a sale that, despite all the conditions of the sale contract, lacks ownership and the seller does not own the goods she sells and is not authorized by the law, in Iran's law, a fiddling contract is considered as an exception to the principle of relative effect of contracts. Because in this type of contract, there is a transaction between a voyeur and an authentic one, the main effect of which appears in another property, but despite this voyeuristic transaction, it is recognized as a valid and non-enforceable contract, In the international documents, the lawyers of this legal system were strongly opposed to any changes after the conclusion of the contract and believed that the contract should be executed by the obligee in any state it is in.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and article.

Ethical Considerations:

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respecte.

The legal and jurisprudential rules and principles of Iran, but is in full compliance with the principles It is like Asala al-Baqa, the negation of difficulty and harm, etc. Finally, by approving articles in the law, it is possible to predict the limits of the court's authority in judicial adjustment, and in this way, any kind of obstacle regarding the acceptance of this judicial solution can be removed.

The research done in this article showed In Iranian law, despite the controversies that exist in examining the possibility or impossibility of accepting judicial adjustment, but the effectiveness of judicial adjustment of the contract in some cases and the effect of the remaining contract on the relations of the parties is undeniable.

A holding company is a company that controls the activities of other companies by owning shares. Holding can also be considered as a controlling company whose main activity is buying shares of one or more other companies with the aim of managing said companies. The companies whose control is in the hands of the holding company are called subsidiaries or subsidiary companies, creating a relationship of subordination and dependence between two companies, which is often done with the aim of obtaining maximum profit, can lead to abuse in some cases.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and 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.

Research shows that each state in America has its own basic guidelines regarding companies and they are different from each other; At the same time, federal law has specified minimum trading standards, most of which are found in the Securities Act of 1933.

It seems that this definition does not make a proper distinction between holding and investment companies and determine a specific position for subsidiaries, affiliates and related companies in financial and commercial laws. Due to the lack of comprehensive and technical laws and regulations in the field of holding companies, the terms holding company and investment company are used equally, while each type should have its own regulations, the public opinion is that the holding company, is an investment company, while from the legal point of view, the structure of these two companies is different and distinct from each other.

Multi-party arbitration as one of the platforms and mechanisms for resolving disputes in domestic and international commercial relations, which has been recognized by domestic and international regulations, is of course due to the existence of legal relations between persons in a multilateral manner, which expands and ;he complexity of relationships between individuals in the field of domestic and international trade is considered to be its generator. The acceptance and implementation of multilateral arbitration leads to fundamental concerns in opposition to the requirements and legal principles of arbitration, including the principle of consent, the freedom of individuals in determining the arbitration panel and the necessity of equal treatment with those around the arbitration, which, of course, by separating them in terms of whether or not they are imperative. The field of legitimacy of the implementation of multilateral arbitration is facilitated and concerns subside. The provision of legal guarantees to comply with the arbitration requirements, especially in the implementation stage of multilateral arbitration awards, eases the mind and strengthens the public interest in multilateral arbitration with a single origin.

The current research is of a theoretical type with a descriptive analytical method and the method of collecting information is in the form of a library by referring to documents, books and articles.

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 indicate the realism of arbitration rules and internal regulations and international documents in providing models and formulas that involve repelling and resolving challenges and concerns of non-compliance with arbitration requirements, especially in multilateral arbitrations with a single origin.

Arbitration requirements in the general sense and multilateral arbitration in a special sense in the phenomenon of satisfaction with the principle of arbitration are considered binding legal rules and the requirements of arbitration regarding equal treatment in the general sense and equal treatment in determining the arbitration panel in the specific sense of the mandatory legal rules It is considered as a supplementary factor and based on this, the hypothesis of the absolute authority of the requirements and principles of arbitration is rejected.

Information plays a very effective role in the insurance contract. According to the information received from the insured, the insurer measures the contractual risk and decides whether or not to conclude the contract or the quality of the contractual terms. The sum of these cases has placed the provision of information as a separate obligation in the field of insurance rights. This article tries to examine the pillars of this obligation in two insurance laws of 2012 and 2015 in England.

The article is descriptive-analytical and library method is used.

Ethical Considerations:

In all stages of writing this article, the authenticity of the texts and trustworthiness have been observed.

England has a rich and long history in the field of insurance rights. The first insurance contracts were concluded in the busy and turbulent ports of this country, and later the laws that were concluded in the course of property protection and risk insurance were widely accepted and imitated by other countries. In such a way, this welcome, along with its strategic location and legislative experience, has gradually turned England into a leading system in the field of insurance rights. In this regard, one of the most recent legislations is related to the years 2012 and 2015, which created innovations in two groups of consumer and non-consumer insurance contracts, respectively. The central point of these laws is the obligation to provide information in the pre-contract stage, which shows the concern of the legislator in the field of covering the necessary information before concluding the contract. In this article, with a comparative study between the above two laws, the elements of the notification obligation in consumer and non-consumer contracts are compared.

The Insurance Law of 2012 considers the responsibility of providing the information of the insured to be limited only to the cases where the necessary questions have been raised by the insurer. Therefore, in other cases, the provision of information by the insured is voluntary. In contrast to the Insurance Law of 2015, by removing the voluntary provision, it first places the responsibility of providing information on the policyholder, and in the next step, to adjust this duty; it adds certain limits and loopholes.

Self-mutilation of the armed forces is criminalized in the two legal systems of Iran and the United States and self-mutilation is a crime in many cases in these two countries. While the principle of criminalizing self-mutilation of the armed forces is criticized, heavy punishments for self-mutilation of the armed forces have been considered in Iran's legal system.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and 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.

There are fundamental differences in looking at the proportionality category in the two criminal law systems of Iran and the United States of America regarding self-mutilation. The element of proportionality is the most important element because self-mutilation is not considered a crime in society and the same act in the armed forces can bring the most severe punishment, which is death and punishment, even in the United States of America, the punishment is ten years in prison and deprivation of all rights. And benefits and dismissal for ten years are considered a disproportionate punishment.

In comparison and due to the fact that in the United States of America, all dimensions of self-harm in the armed forces have been taken into account and a combined punishment that includes dismissal from work for a period of time, deprivation of rights and benefits for a period of time and finally imprisonment for a period of time, can be He said that the element of proportionality in determining the punishment is better observed in this country. Articles 83 and 134 of the Uniform Law of Military Justice 2016 have respected the proportionality in determining punishment by observing the minimum and maximum, Article 51 of the Armed Forces Crimes Punishment Law 1382 has also observed this proportionality, except in the case of combat.

Contractualization or in other words, contractualization is a title given to a new approach to traditional criminal justice. Based on this new strategy, the system of responding to the crime and its perpetrator is formed and implemented, not only based on the unilateral decision of the judicial authority, but also through an agreement with the perpetrator of the crime.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and 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.

Based on the consensus mechanism, the judicial authority can implement criminal justice from the traditional, vertical and one-way mode, horizontally and bilaterally in the cases determined by the law.

Iran’s criminal justice system, with the approval of the Criminal Procedure Law approved in 2012, has been able to identify various examples and manifestations of the consensus strategy. On the other hand, one of the important stages of the implementation of these examples and effects is the stage of preliminary investigation by the prosecution authorities. In the legal system of common law, attention has been paid to the centrality of prohibition of criminal prosecution with the approach of alignment in justice in the stage of preliminary investigation.

Due to the special form of contracting, contracting contracts have many complications for the real understanding of the basis and nature of legal works. Financing or finance is one of these things that have made it difficult for the government to exploit and develop oil fields in the current state of embargo.

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.

New contracts have been concluded in the phases of South Pars under the title of EPC+F with the condition of introduction of the investor by the EPC contractor, which has countless ambiguities. Including what aspects the contractor introduces the investor and what non-financial incentives this finance contract includes for the investor and the government as an employer and how is reimbursement, insurance, guarantee and bail.

In oil contracts, two methods of finance in the form of loans and mutual sales seem suitable, Although in the finance method, unlike the cross-selling method that leads to the introduction of technology and equipment, only emphasis is placed on receiving investment profits and not receiving guarantees and collateral other than the project, and repayment does not require the completion of the project, but in case of project failure, all risks It is addressed to the employer. Therefore, according to the goal of technology development and transfer, it seems that the use of cross-selling method meets the demands of the Iranian employer.

Cyber terrorism as a potential danger threatens all governmtnts all over the world and its characteristics create serious violations of international peace, security and human rights. On the other hand, its different committement from classic terrorism has established fundamental challenges in the field of jurisdiction, crime detection, extradition and punishment of the perpetrators. Therefore, a phenomenon that has a cross-border nature cannot be fought and suppressed by national measures and requires organized cooperation with the serious efforts of subjects of international law. These cooperations have wide dimensions, the first and most important aspect of which is the effort to establish rules in the fight against cyber terrorism.

The research method in this article is descriptive-analytical and the method of collecting information is library-based, referring to documents, books and articles. First, the parctices of some leading institutions in the field of policy-making in the fight against cyber terrorism will be studied in a descriptive manner and then with an analytical method, criteria for future effective measures will be presented from these actions and practices.

Ethical Considerations: 

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been observed.

Due to the problem of terrorism in all its types, the ease of committing cyber attacks, creating terror and its severe consequences compared to classical terrorism, organizations ranging from the United Nations to regional organizations, groups and the subgroups have take several measures in their agenda in order to realize effective and diligent cooperation among their members, from criminalization to detection, extradition and punishment of criminals. In international efficiency analysis conducted by international organizations, factors such as the status of rules with preventive features and criminalization and implementation of rules by international cooperations and coordination should be taken into consideration.

According to the study conducted on the procedure of international and regional organizations in fulfilling the commitment of governments to cooperate in establishing rules in response to cyber terrorism, it is noteworthy that regional organizations with a security approach such as NATO have had significant success compared to the United Nations.

In the perspective of Islam and international documents, it is accepted that it is forbidden to take away the right to life, but of course, due to different theoretical bases, there are different interpretations about the right to life. In this regard, the aim of the present research is the right to life and its deprivation from the perspective of Islam and international human rights.

Ethical Considerations:

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The findings showed that in the eyes of the general international human rights documents, the right to life is considered as a fundamental, absolute and basic right of other rights and cannot be taken away or challenged. From the point of view of Islam, the sanctity of taking life is not only limited to material life. In other words, because in Islam, life is expressed in two ways, material and spiritual, in addition to the fact that no one has the right to deprive himself or others of material life, the deprivation of spiritual life, which is realized by misleading people, is prohibited and subject to punishment, it has been known.

It can be concluded that depriving people is forbidden if it is done unjustly, in cases such as martyrdom, self-sacrifice and jihad. Muslims are allowed to put their material life at risk, in which case preserving the deprivation of life is valuable and virtuous. But in the view of general international human rights documents, the right to life is a fundamental, absolute and basic right.

Although in all known legal systems, obligations are accepted as one of the most common means of transferring property and assets between individuals and in addition to the existence of a moral obligation to fulfill a promise and it, importance in regulating social relations, there is a difference of opinion regarding the legal effects of breach of obligations between several legal systems on the one hand and within each legal system on the other.

The research method in this article was descriptive-analytical.

Ethical Considerations: 

All ethical principles have been followed in writing this article.

Contrary to the rules governing on Iranian law, which in case of breach of an obligation, the main remede is the compelling of promisor to specific performance, in the provisions of multi-layered system of English law, main remede is to pay damages to promisee and compelling the promisor to specific performance is only accepted in exceptional cases.

Although there are fundamental differences in Iranian and English laws regarding how to deal with the breach of obligation by one party, in both legal systems there are cases where, despite the possibility of specific performance in practice, there are solutions for refusing to accept it. In this case, the rules of severe harshness, continuous monitoring, prohibition of coercion in personal services in English law and the rules of no hardship, no harm and prohibition of abuse of rights and Expediency in Iranian law can be cited.

This article was written with the aim of investigating measures to prevent sexual violence against refugee women. Sexual violence against refugee women is one of the most important difficulties they face. According to the famous saying, prevention is better than cure, it is necessary to prevent sexual violence against refugee women as much as possible.

In this article, the background and causes of sexual violence against refugee women are first investigated. Then we will introduce the importance of preventing sexual violence and provide preventive measures. In this regard, this article has researched and investigated this issue by using analytical-descriptive method and using library resources.

Ethical Considerations:

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The results of the investigation showed that the measures to prevent sexual violence against refugee women in five main groups include the empowerment of refugee women and their participation in prevention measures, human resource management, preventive measures of the host government, preventive educational and training measures and preventive measures in Voluntary return of refugee women should be done.

Measures to prevent sexual violence against refugee women are very important to protect the rights of refugee women and also create a safe and stable environment for them. Therefore, it is recommended that relevant organizations and officials develop effective programs and policies to prevent sexual violence in this field and allocate the necessary resources.

One of the important issues that is considered as a subset of human rights and has great importance in the domestic and even international legal system is the rights of people with disabilities and more importantly, the provision of its sanction. Because the establishment of legal rules without the sanction, in practice, the implementation or non-implementation of those rules depends on the conscience and moral commitment of the people and causes the change of legal rules to moral rules. On the other hand, one of the progressive principles of the Iranian constitution is the eighth principle, in which the important issue of enjoining what is good and forbidding what is evil is discussed as one of the most important examples of social supervision of the society and the mutual duty of the people and the officials towards each other has been considered. In addition, the importance and position of this divine duty in Islam and Islamic societies to improve the social health of the society is not hidden from anyone and many Quranic verses and narrations from the infallible imams have been expressed in order to explain the importance of this rule. Therefore, with the aim of using all the legal capacities of the country in order to guarantee the rights of the disabled, in this research, the sanction of the rights of these people has been investigated in the light of what is good and what is forbidden.

This writing has been prepared using a descriptive-analytical method and its contents have been collected in the form of a library.

Ethical Considerations: 

All ethical considerations have been observed in this writing and the contents and sources have been expressed based on the principles of honesty and trustworthiness.

The investigations showed that due to the high capacity of enjoining the good and forbidding the evil, effective scientific and practical measures, as well as the support of all the elements of the society, should be used from this binding sharia-legal norm in order to solve all social issues, including Guaranteeing the rights of the disabled requires determining the role of each of the elements of society, including the people and the executive, legislative and judicial officials, as well as the religious and academic elites and before that, the conceptual scope of this rule should be described and explained.

If according to the needs of the society, a correct definition of what is good and what is forbidden is done and based on it, the examples (known) of which one of them is the implementation of the rights of the disabled and the examples (negative) are also disregard and It is a violation of these rights and based on that, the necessary executive and judicial institutions have been created and the role of each institution such as education, higher education, seminary and university elites and even the jurist can be seen to guarantee the rights of the disabled and as a result, the realization The status of these rights became more favorable in the society.