نشریه حقوق و مطالعات نوین
سال چهارم شماره 3 (پیاپی 12، پاییز 1402)

Handing over safe deposit boxes in the form of a lease contract is one of the types of banking services provided by banks to their customers. The discussion about the legal nature of this service is one of the challenging topics in banking law; However, until now, a comprehensive law that can explain its nature and elements has not been approved in this field. This has turned into a dispute between lawyers and experts in the banking system regarding the legal nature of the relationship between the bank and the customer. Because, on the one hand, the nature of this relationship is similar to the rules of the deposit contract and on the other hand, to the rules of the rental contract. The existing disagreements about the nature of trust fund rental contracts motivated the researcher to explain the existing rules in a descriptive way and using content analysis and finally come to the conclusion that the legal relationship between the bank and the customer regarding trust funds Trusts cannot be applied to deposit and rental contracts, and it is better to look at and interpret them as a special contract under the title of "protection contract" and within the framework of Article 10 of the Civil Law, with a special and independent nature with its own special conditions and provisions.

Intelligent transportation systems as a new context for the transfer of urban travel applicants have a platform economy model, gig-based and sharing, and technology based on artificial intelligence and big data, that attracts the most.resources in the market operate on two sides. Some players prefer to use these resources exclusively, so they will apply this restriction to drivers as a partners to service provider in order not to cooperate with competitors. The findings of this research show that the identification and analysis of this restriction by the regulator or the competent authority will not be as simple as the previous cooperation restrictions, such as non-competition agreements.Issues such as the placement of hyperlinks to create a legitimate agreement, the direction of travel sending algorithms, matching and pricing for action, or inducing limitations, or software justifications, are all actions that indicate the creation of limitations. After identifying and analyzing the legitimacy of their actions, it is not as simple as identifying the nature of their legal relations. We do not accept this prevention due to their self-proclaimed nature as intermediary, but the main focus of the actions will be on the market power and the scope of the prevention by the systems between the simultaneous use or simultaneous installation of platforms, which will often result in illegitimacy. By respecting the freedom of competition and not giving unreasonable support to competitors, the business structure and the issues of maintaining the two-sided market network and examining the actual barriers to entry, we will show that the creation of this restriction under the rules It is acceptable or based on the above variables, it will lead to a change in the burden of proof. This situation can be seen in the realm of legal forms known for obstruction as well as competitive procedures.

Arbitration is a mechanism to create a balance between the conflicting desires of individuals, and to achieve this goal, arbitrators should only pay attention to the common interests and desires of the parties so that the dispute is resolved based on that. On the other hand, the rules mentioned in the Washington Convention on Arbitration, which states the procedure for dealing with disputes regarding international investment by ICSID between a contracting state and an investment person who has the citizenship of another state, are used to deal with the proposed lawsuit. It is free of any substantive rules. However, a rule is included in Article (1) 42 of the mentioned agreement which states that substantive rules that are enforceable in a lawsuit are examined and identified by the court and based on that It deals with the content. In fact, the mentioned article is an example of the rules for resolving the conflict of laws, which can be found in various laws such as the national law, according to which the court resolves the conflict of laws.

The expansion of the range of benefits of self-propelled marine vessels simultaneously with the development of technology and related knowledge has increased the need of governments and actors active in the maritime field to develop and formulate rules and regulations about this maritime tool. On the other hand, the unknown area of responsibility of self-driving vessels for violating international rules has increased the necessity of identifying the legal regime of this instrument in the realm of international law of the seas. Therefore, in this research, which was carried out in a descriptive-analytical method along with a field study, in addition to the legal definition of marine self-propelled vessels, the basic question has been raised that the basis of assigning responsibility to self-propelled marine vessels is based on what element? In this context, it was found that the legal regime of self-propelled marine vessels is different depending on the purpose and operations defined for this tool on the one hand and whether the self-propelled vessels are "under the surface" or "on the surface" on the other hand, and in line with the explanation of this legal structure The role of the International Maritime Safety Organization is very key. It was also found that the international responsibility for compensating the possible damages resulting from the activity of this category of vessels is of the type of "responsibility for internationally prohibited actions" and is based on the level of control and autonomy of this tool from the ability to be extended to the operator, owner or controller of this tool. It looks distinct.

In order to implement e-litigation, which plays an effective role in preparing the ground for public satisfaction, it is necessary to review its processes while establishing an e-litigation organization. As a comprehensive and codified law in this field has not been approved so far, the main purpose of this study is to review the electronic litigation processes. In this regard, the validity of e-litigation should be checked with existing laws. In this article, research has been done by studying the codified laws of and research has been done using analytical-descriptive method. In the end, it turned out that a petition, complaint or report had to be prepared to start an e-trial, just like a traditional trial, but with the difference that it is done electronically. The inherent jurisdiction of the courts in e-litigation is the same as in traditional litigation. The most secure method, which is the existence of a secure electronic signature, must be used to identify the qualifications of the parties in the electronic proceedings. In the litigation process, the evidence of litigation that exists in traditional litigation should be given the same validity during the electronic trial and it cannot be considered less credible just because it is electronic. The composition of the court verdict by the judge has the same validity as the paper verdict in the electronic space. The results of this research can be used in the development of a codified law on electronic proceedings.

This article is a comparative study of the concept of penalty clause in Iranian and Egyptian law. In this article, the authors have studied the concept of commitment to the validity of the more fundamental idea of commitment. For this reason, they have tried to provide a newer research proposal in this field. Since it is expected that comparative studies from a practical aspect will lead to the improvement and excellence of legal institutions and the recognition of deficiencies and their elimination in different legal systems, the authors of this article have tried to study the philosophical foundations of each of the compared systems. have been placed, regulate the existing laws, procedures and legal institutions of the present work. Based on the results of this article, the authors suggest that any study about the concept of commitment in Iranian law should be based on understanding the idea of commitment in Shia jurisprudence. This article has also shown how the foundations of Sharia, Shiite jurisprudence, and customary law, French law in Iran's civil law have led to the emergence of challenges for formulating the concept of obligation. A challenge that somehow existed in the era before the victory of the Iranian Islamic Revolution.

The right to protest is one of the political rights and freedoms of citizens, which has many solid foundations from the point of view of religion and Islamic culture. In this article, the views of the Qur'an, Sunnah, consensus and reason regarding the legitimacy or illegitimacy of protest are stated. In terms of the nature of the data, this research is of a qualitative type and has been carried out with a descriptive-analytical method. The library method has also been used to collect information. In this article, the Qur'anic bases of the legitimacy or illegitimacy of the protest were first stated. Then, the view of the tradition regarding the legitimacy or illegitimacy of the protest was expressed. The narratives and stories mentioned in this context each of them in some way express the permissibility of people's protest against the ruler in various issues including political, religious, and cultural. Finally, the consensus view regarding the legitimacy or illegitimacy of the protest and the rational view regarding the legitimacy or illegitimacy of the protest were discussed. In the rational point of view, the documents of those who examined the protest from a rational aspect are also mentioned.

defined the property and considers the distinction between like and valuable property as a result of custom, which is considered different with the passage of time and place, and this itself has a direct effect on the way of compensation. This research with a comparative approach and using the descriptive-analytical method, while examining the different viewpoints of Islamic jurists and thinkers, has investigated the legal issue and aims to find the appropriate solution with evidence after referring to the first-hand sources and criticism along with the examination of the existing theories. to state in order to prevent the violation of people's rights. Properties that are used, depreciated and destroyed.The effect of the property being a representative or trustee in a contract and compulsory guarantee, the effect of the agreement of the parties as well as the time-place in being a representative or trustee, the extent of the civil liability of the parties to the contract and third parties in the loss or usurpation of property, as well as the knowledge of the nature of money, all of which revolve around the effects of the representative or Being a guardian of property. The downward trend of price reduction is sometimes in such a way that the price of goods reaches zero and the goods are out of tax or vice versa, the price of wasted goods increases to such an extent that the time of waste or anger or even the fulfillment of the obligation reaches several times. In jurisprudence and property law, the divisions of movable, immovable, like and guardian have been done. The effects of the division of tangible and intangible property can be explained before the formation of the contract, during the contract, before and after the bill, and also in the forced guarantee and compensation.

The tendency of Iran's criminal policy and accordingly the penal policy is to reduce the prison sentence and the criminal population of the prison. In other words, Iran's key priorities are to reduce the prevalence of imprisonment. Based on this, the legislative and judicial approach seeks to de-incarcerate and use alternative institutions. This is why the dream of de-incarceration has become the main goal of criminal policy today, and the prediction of Arafaq institutions and the approach of the law to reduce the punishment of penal servitude confirms this approach. However, despite the movement towards de-incarceration, the synchronization of this approach with the discussion of deterrence and impunity or the goals of punishment is of great importance. Because with the reduction of punishments, the deterrence power of punishment is also reduced. This article, using a descriptive-analytical method, comes to the conclusion that the reduction of imprisonment without the development of a culture of legalism and paying attention to other factors affecting the increase in crimes will not be possible to reduce the criminal population of prisons. Therefore, the result of the law on reducing the punishment of penal servitude approved in 2019 is to reduce the deterrent power of punishment and help to impunity criminals. On the other hand, it does not have much effect on reducing the criminal prison population. Because the production of crime and imprisonment is not the only result of long punishments, which can achieve the desired result by reducing it from the criminal population. Rather, the main components that generate crime and pay attention to alternatives to imprisonment should be investigated.

Covering is one of the most important principles and necessities of the Islamic religion, which in our society, in addition to the Sharia and Islamic aspect, is considered part of the legal and mandatory laws for the members of the society. Covering is one of the cultural norms in today's society. The enemy's soft war is against the Islamic Republic of Iran, which has been influenced by Western cultural plans in our country for years. Sharia clothing for men and women has specific and clear rules and regulations, but the color, shape of clothes, appearance (fashion) is the responsibility of customs. In our country, although veiling and hijab are part of Sharia law, today we are facing the challenge of not wearing hijab, which is considered a crime, but there is no law for it. The collection of materials is based on library studies, internet sites and electronic books and articles. In this article, we examine the role of customs in determining the coverage and defects of its customary requirements.