نشریه اندیشه حقوقی معاصر
سال چهارم شماره 3 (پیاپی 14، پاییز 1402)

This research has been carried out in a descriptive and analytical way by examining library studies, and conclusions drawn by examining jurisprudential sources and existing documents. Using the relevant narratives, this article has discussed the rulings and divisions, and the application and non-application of Imam's permission in the ownership of these lands from two legal and jurisprudential points of view, and it has shown through the ijtihad method that one who revives the land does not become the original owner of the land. The ruling of ownership, for the revivalists of the dead land, is fixed and definite based on Islamic traditions, and the jurists also agree on the principle of this issue. This ruling is a preliminary ruling and should definitely be issued under normal conditions, but today, with the advancement of technology, those in power Wealth can easily develop all the barren lands and become their owners, and this is against Article 45 of the country's constitution. Based on the requirements of the time, this ruling is interpreted as a secondary ruling, so it only has the right to exploit it. In the end, this study showed that the permission to take possession of favorable lands legally depends on its restoration. Article 143 of the Civil Code regarding the revival of favorable grounds, the registry office only considers possessions that are legitimate and legal. Still, there is no need to prove it in the courts and judicial authorities of the possessor and possession does not have legitimacy.

He trademark is one of the forms of industrial property, one of the major parts of the current business world and it mainly plays an important role in the competition market and economy. n fact, the main special function of a trademark is to distinguish between the goods and services of competitors and its function is expanding, especially in industrialized societies. Trademark registration provides the holder with economic and moral rights under the protection of the legislator and its violation may be prosecuted. Although the legislator has recognized some legal rights for the trademark holder, it may be subject to cancellation according to some conditions of the trademark. The findings of the present research, which was carried out using a descriptive-analytical method, indicate that in the legal system of Iran, the only competent authority to deal with such disputes according to Article 59 of the Law on Patents, Industrial Designs and Trademarks 1386, is a specific branch(es) of the courts. It is the public of Tehran that this has led to monopoly, delay of proceedings, multiple cases in the court, non-specialized proceedings, etc. In addition, cancellation claims must be subject to some legal aspects that are discussed in this paper.

Participatory democracy, which seeks to create continuous and daily participation of people in the administration of public affairs, is a transformative relationship between the administrators and the governed and the reason for the transformation of the special functions of governments. The implementation of participatory democracy in Iran's administrative system creates huge changes in the way local affairs are administered and public services are provided, public supervision, the right to be heard and the role and performance of councils. In this article, in a descriptive and analytical way and using library sources, the influence of this type of democracy in the evolution of administrative law in Iran and the role it can play in the expansion of democracy in Iranian society have been further explored and scrutinized. The results of the research show that although the administrative law system of the Islamic Republic of Iran has thought of measures for the role of the people in the administration of affairs, these cases do not ensure the continuous participation of the people in the administration of public and urban affairs and fundamental changes should be made in administrative law and the government's approach to the role It was citizens.

Supervision of the good implementation of laws is based on Article 156 of the Constitution, a general and inclusive supervision. This means that it should be applied to all types of laws, both basic and ordinary and other regulations and it should be imposed on all the components of the political system that are in any way law enforcers. Therefore, the constitution, like other laws, needs an executive guarantee to ensure its good implementation that according to the nature and capacities of the judiciary, this guarantee is within the authority of this authority, the only limit of which is the principle of separation of powers, As in line with this supervision, there are laws that have specifically demanded this supervision from the judiciary and the root of this task is the generality and universality of supervision that Article 156 has imposed on it due to the characteristics of this branch.

Considering the strictness of the legislator in accepting the request for registration of real estates that are subject to transactions with the right of restitution and accepting the request for registration of such properties from the transferor pursuant to Article 33 of the Registration Law, except in cases where the confirmation of the transfer- The giver or the decision of the judicial authority from the transferee of the transferee's request for registration is accepted - on the condition that the right of restitution expires and the transferee's ownership is certain and no objection is received - it is clear that the legislator of registration, transactions with the right of restitution is not included in the transfer of ownership transactions and this issue indicates that in the registration law, transactions with the right of return and specifically, examples such as conditional sale, are not considered among the transfer of ownership items. Therefore, in this research, which was carried out with a descriptive-analytical method and a library method, this issue and the necessity of preserving the public interest from the point of view of the registration law, considering the prevalence of such transactions in the society, has been investigated and such a result It has been concluded that although according to Iran's civil law and the opinions of Shia jurisprudence scholars, conditional sale and other types of transactions with the right of restitution are valid contracts, However, in order to protect the public rights of the people of the society and to prevent the abuse of the benefited people and the exploitation of the needy class of the society, according to the provisions of Article 33 of the Registration Law, the legislator has decreed that in the case of real estates that are subject to transactions with the right of restitution, even in If the return deadline has expired and the property is in the hands of the transferee, the transferor's request for property registration will still be accepted.

The judicial system, as one of the most important pillars of the fulfillment of justice and the revival of public rights borrows its spiritual influence and health from the performance of its officials a person who is in a judgment position has to be required as a general requirement to observe all the affirmative and negative criteria of the judicial behavior so that his/her verdict may not be doubted by any party.These requirements include the affirmative or negative criteria of personal and organizational behavior,the indicator and the fundamental principles that result in a fair trial and have been recognized internally in documents like the Bangalore Principles of Judicial Conduct. Emphasizing the fact that the implementation of standardized methods isof significant importance in judicial management in terms of people’s rights the goal of the current study is to explain and describe the indicator and criteria specified in the Iranian judicial system and Bangalore Principles of Judicial Conduct using a descriptive and analytical methodology. In this regard,the current study attempts to describe the affirmative and negative criteria of judicial behavior in the Iranian judicial system and Bangalore Principles of Judicial Conduct and investigate some shortcomings in this area.