نشریه پژوهش های حقوق تطبیقی
سال بیست و هفتم شماره 3 (پیاپی 121، پاییز 1402)

Litigants have several rights in civil proceedings; these rights may be abused. In this regard, according to Article 40 of the Iran's Constitution and other principles (including the role of prohibiting the abuse of rights as one of the legal principles, paying attention to the purpose of civil proceedings, public order, and the role of ethics in law), the abuse of rights in civil proceedings is also prohibited. Prohibition of abuse of rights, like other legal rules, requires a sanction; according to this, it is necessary to identify the sanction of this legal principle, and the present research has been presented for this purpose. The results of this article indicate that the prohibition's sanction of the abuse of rights in civil proceedings is divided into two categories: general sanction (including "non-ordering of the effect on the abusive act" and "compensation") and special sanction (including "civil fine" and "criminal responsibility"). Each of these sanctions have specific nature, conditions and rules that are explained in this research.

International organizations contribute- as one of the main subjects of international law- to the development of customary international law. This contribution is one of the new topics in contemporary international law. Recently, Internatoonal Law Commission has put this issue on its agenda and drafted conclusions on identification of customary international law. As stipulated in Article 15 of ILC Statute," development" refers to the formation of custom, not its codification. Thus, in this research, by using the term "development", the author intends to address the role of international organizations as law makers. The principal problem of this research is the ambiguities in the approach adobted by the Internation Law Commission on the role of international organization in development of customary international law. In this regard, Article 4(2) of the draft conclusion has provided that: " In certain cases the pratice of international organizations contributed to the formation of the rules of customary internatial law." This can occur where members states have not transferred exclusive competences, burt have conferred competences upon the international organization that are functionally equivalent to the powers exercised by states. Although the commission has not rejected the role of organozations in the development of customary law , it is not clear to what extent the practice of non- state actors  is relevent for the identification of customary international law. Hence, in this paper, by using the descrpitive- analytical method, the ways international organizations contribute to the development of international custom has been the main subject of discussion.

Cyberbullying (Virtual Bullying) is a new and multi-dimensional phenomenon that, although researchers have not been able to provide an agreed definition about it, it has led to a lot of harm to its victims, especially the young generation. Sites and social networks such as Instagram have provided new environments for its perpetrators, through which they publish false messages and information about people, or gain access to people's personal pages, and humiliate them online. This shows the necessity of criminal laws in this field. The purpose of this research is to investigate and analyze virtual bullying in Iranian and American criminal laws in order to verify the feasibility of applying these laws regarding virtual bullying cases. Therefore, in this regard, the concept of virtual bullying, its specific features, as well as related and similar laws in this field, such as defamation, threats, harassment, and extortion, were investigated in two countries, and as a result, while expressing the limitations of civil solutions in confronting virtual bullying and expressing the weaknesses of these solutions to deal with this phenomenon, as well as the inadequacy of related and existing laws, the necessity of its criminalization was determined in the criminal laws of the two countries. In this research, library and descriptive - analytical methods have been used.

Jurists have always been interested in the methods of transferring ownership rights of immovable property as a legal fact. Different legal systems' attitudes toward the simple or complex registration of property rights have had varying effects on the social and economic structures of each society. Possibly, the consistency of real estate transactions in Germany, and the disorder of this field in Iran can be attributed to the attitude towards the creation and transfer of ownership of immovable property, despite the Iranian government's recent support of the positive developments in this field. In Iran's legal system, according to the theory of ownership and the principle of the intentionality of ownership contracts, which have deep roots in Ja'fari jurisprudence, the right of ownership is considered to be based on nothing more than the effect of a legitimate transaction, and "registration" has only a declarative effect and is only confirmed if it matches the "truth". In German law, "registration" is deemed to have a "creative" effect and act independently of the original binding contract, thereby transforming the property right into a compound right. This research, using a descriptive - analytical, and comparative method, while expressing the concept, difference, and effects of each of the two causal and abstract systems of transferring ownership of immovable property, has come to the conclusion that without a doubt, in order to organize transactions in the field of real estate and maintain economic order and public interest, Changing the perspective on how to create and transfer ownership rights in Iranian law is a necessary and inevitable thing that can be justified by identifying "registration" as a part of the ownership right process and a necessary condition for the transfer of this right.

Nowadays, by the increasing expansion of commercial contracts in the international arena, the use of multi-tiered dispute resolution clauses have been increased. These clauses have many functions for the parties compared to other judicial and arbitration methods. Identifying this issue is very useful in the practical procedure, assuming that the terms of the dispute resolution are binding, the arbitrator starts the arbitration regardless of the observance of these terms by the parties, the arbitration award is invalid due to the lack of competence of the arbitrator, or the violation of the terms is simply a matter of admissibility. A group is of the opinion that non-compliance with the condition of multi-tiered dispute resolution clauses directly affects the jurisdiction, and the arbitrator has exceeded the limits of his jurisdiction, subsequently the decision issued according to the law is null, and it has no legal effect. In contrast, some believe that this issue is related to the admissibility, which is a gentler approach and in line with respecting the sovereignty of the volition governance principle to resolve the dispute through arbitration and non-intervention of the court. Basically, their basis for supporting this theory is that the claim is merely defective in form, and the arbitration agreement between the parties is valid. Regarding the types of legal reactions to non-compliance with the conditions of dispute resolution, suspending the arbitration process at the same time as granting a deadline to comply with the pre-arbitration conditions is preferable to other solutions.

As for the buy-out clause, if the player pays the buy-out fee, he/she can terminate the contract prematurely without specifying any cause. The current research principally aims to analyze the legal nature of the buy-out clause and what are its legality conditions in FIFA regulations and Iranian law. Regarding the nature of the buy-out clause, different perspectives have been raised. From a perspective, the buy-out clause can be classified as a liquidated damage clause and is subject to prohibition of exorbitant and unfair liquidation damage provision. According to another perspective, the nature of the buy-out clause is a contractual right. The buy-out fee is in consideration for the exercise of contractual rights. Currently, the latter opinion is preferred by FIFA. Under Iranian law, basically, the nature of buy-out is valid and acceptable, but according to the Iranian Football League’s new charter of registration of employment contracts for the season 2023-2024, the use buy-out clause in the contract of Iranian players is prohibited. The findings of the present study with the analytical-descriptive approach indicate that the nature of the buy-out clause is a conditional opt-out right. Termination by this method should be deemed to be based on the parties’ (prior) consent. The player can trigger the buy-out clause and terminate his/her contractual relationship unilaterally and prematurely upon the unconditional and complete payment of the buy-out fee.