نشریه پژوهش های حقوق تطبیقی
سال بیست و هفتم شماره 2 (پیاپی 120، تابستان 1402)

In Iranian law there are two theories in interpretation of the contract: the theory of "Interpretation Based on the Common Intention of the Parties" vs. the theory of "Sociological and Free Interpretation". In American law,"Textualism" and "Contextualism" are the most important theories of contract interpretation. Other theories have been proposed in American law, which include: "Literalism","Subjectivism","Objectivism" and "Objective - Contextual Interpretation" which is a combination of subjectivist and objectivist approaches. The main question is what are the strengths and weaknesses of the interpretation theories, and what relationship can be established among the theories of contract interpretation in Iranian and American law. In the present study, it has been determined by the descriptive-analytical method that in American law, although contextualist and subjectivist theories claim to best discover the real intention of individuals as the main goal of interpretation and fully guarantee the "Principle of Free Will", It seems that although Textualism and Objectivism maintain legal values such as the stability of transactions and trust in the legitimate intentions of individuals, at the same time they also provide economic values such as efficiency and maximum profit in transactions. Therefore, in interpretation of the contract, Textualism with an objective approach is superior to Contextualism and Subjectivism. Lack of reliance on textual interpretation theories and inattention to economic criteria such as efficiency and maximum profit are the major weaknesses of contract interpretation theories in Iranian law.The interpretation of the contract with the inner intention approach in Iran is related to subjectivist and contextualist theories, and the interpretation based on apparent intention can be considered close to objectives and textual theories.

Over the years, increasing the investment in less developed countries has caused actions against human rights standards by transnational companies. Following the development of communication and the growth of human rights activities, the protection of the rights of the company's stakeholders was emphasized. The theory of "Corporate Social Responsibility" emphasizes the need to clarify the actions of transnational companies in the field of human rights. In the present study, the role of this theory in the observance of human rights standards by transnational companies is investigated. Totally, international law documents as well as corporate codes and national laws all express the principles of corporate social responsibility including human rights obligations. Transnational companies insist on voluntary form of obligations in the field of social responsibility. However, the World Bank emphasizes the active duty of social responsibility and obliges multinational companies to take necessary measures to achieve social goals. The World Bank and its members, including MIGA, monitor the application and implementation of social responsibility through practical policies, lending and insurance mechanisms.

Good faith as an essential principle in substantive and procedural criminal law, can be discussed not only in the context of justifying the exercise of legal institutions including justifiable causes, legal excuses and mitigating factors for the crime perpetrator, but also in criminal proceedings, from the police stage to the investigation stage and even the execution of the sentence, have a special position. Though in the legal literature and in the criminal laws of many countries, explicitly or implicitly, the principle of good faith and its effect on the decision of the judicial authority and the scope of the criminal responsibility of the perpetrator, providing the basis for the use of the institutions of mutual aid, granting the right of defense to the accused in justifying the committed behavior and removing the charge, balancing the view of the official actors of the criminal justice system, etc. has been mentioned, but in the literature of Iran’s criminal law and criminal procedure, this principle has not been paid attention to in a proper and specific way. Although some judicial activists pay attention to good faith as a justification for adjusting or changing charges and changing the amount of punishments based on legal doctrine, but due to the lack of identification of the legal position of the aforementioned principle and its disregarded place during the criminal proceedings, the effective role of it, is not taken into account. In this research, which was carried out in a descriptive-analytical and at the same time comparative method by using library tools and analyzing the content of some opinions, the position of the good faith principle during the criminal proceedings process was explained and the positive consequences of legal and judicial efforts were explained. It has been mentioned, among other things, narrowing the scope of the population of suspects and accused persons, reducing the rate of court cases, reducing the number of convicts and prisoners, as well as consolidating the position of fair trial.

Although the issue of water rights and especially shared waters has been very important for a long time, But during the transition from the traditional structure, the importance of adhering to the requirements in this field has doubled. The problem of investigating on the allocation of shared waters in the European region due to the large population and lack of resources and in the African region due to the fact that a significant part of these resources has remained unused, has gained great importance and its inappropriate allocation has led to discrimination and deprivation of many people which has affected other dimensions of human rights. In order to solve this challenge and achieve the main goal, i.e. the realization of justice for all members of the human society, the legislative and judicial approach governing the two regions of Africa and Europe regarding the principle of cooperation governing the allocation of shared waters have been analyzed and through matching among them, the strengths and weaknesses of each one has been revealed. Therefore, solutions have been presented to provide good governance and the reasonable and fair allocation of these resources in accordance with the existing social realities in each land which can be applied to other areas that are facing this problem and prevented the occurrence of disputes in this area or the disputes that have occurred continuously resolved peacefully

The sanctity of the medical profession in our society is rooted in both religious teachings and rich Iranian culture. For this reason, in Islamic jurisprudence, the subject of medicine and Iatrology has been the subject of extensive technical and legal discussions as a separate chapter. On the other hand, the principle of good faith and mutual trust in the doctor-patient relationship requires both parties by respecting their agreement, do not refuse to fulfill their obligations without a valid excuse. The main question is to what extent the good faith is based on the responsibility of the doctor. It is affect? In this article, with a comparative study of the French legal system and jurisprudential sources, while examining the theories related to the relationship between the doctor's responsibility and the intention of beneficence and good faith, it was concluded that the existence of good faith is both effective and also is regarded as a factor to reduce the amount of damage which is compensable.

Video game has one of the biggest markets compared to other literary and artistic works. Therefore, it’s crucial to take effective steps for its protection. Of course, the intellectual property law, especially the literary and artistic property law plays the main role in protecting it. In this research we aim to introduce video game and its characteristics as an intellectual phenomenon; In the meantime, we try to find the best classification in order to protect video games through literary and artistic property law in Iran and the United States. This article is a desk research written using Descriptive and Analytical method with library and online resources. Despite video games not being directly mentioned in Iran and the United States statutes, video games are protected as audiovisual works in the United States; however, in Iran, classification of video games is a matter of debate. The result of this research is that in Iran, the clause 12 of article 2 of the Authors, Composers and Artists Rights Protection Act of 1970 can be implemented to protect video games as combinatorial works; also, video games can be protected as software using the Protection of Creators of Computer Software Rights Act of 2000. In any case, distributive classification of video games can be used as a supplementary option. In the end, we suggest the judiciary system of Iran to publish video game cases in order to form case law; Meanwhile, Intellectual Property statutes such as both of the mentioned acts, need to be revised.