پژوهشنامه حقوق خصوصی احرار
پیاپی 8 (پاییز و زمستان 1402)

Nowadays, many infertile couples around the world have become parents through assisted reproductive technologies. In this study, we aim to examine the jurisprudential and legal aspects of artificial insemination, as our legal system is rooted in jurisprudence and without addressing its fundamental principles, it becomes difficult to establish legal rights for them. Therefore, in the jurisprudential examination, we first address the issue of permissibility or prohibition of using these artificial insemination methods, and then examine the legal status of these methods that determine the lineage of these children, and finally discuss the legal rights and obligations of the parties involved in the artificial insemination contract, as determining the child's lineage will clarify other issues such as custody and guardianship. New fertility or artificial insemination is a therapeutic approach that was developed in the late twentieth century to treat infertility in couples. This therapeutic method began in 1765 and eventually led to the treatment of infertility in humans, and among the methods used in this regard is the use of a surrogate or second husband's womb to place the fetus for growth until the moment of birth.

The principle of "negation of the path" is one of the most important principles in Islamic jurisprudence, which has numerous applications in jurisprudence, politics, and governance. This principle is based on Quranic verses, such as verse 141 of Surah An-Nisa, the famous prophetic hadith "Islam prevails and is not prevailed upon," and the consensus of scholars. One of the practical applications of this principle is that regulating relations between Muslims and non-Muslim nations should always prioritize the legal rights of Muslims over non-Muslims. The Islamic Republic of Iran, which has established its government based on Islamic jurisprudence, has been striving in recent years to prove its religious, political, and economic independence and not sign any agreements contrary to Islamic law, jurisprudence, and the country's interests. However, some scholars and politicians challenge this principle of jurisprudence regarding the signing of the 25-year cooperation agreement between Iran and China. Some believe that implementing this agreement goes against Islamic jurisprudence and the country's interests, while others believe that it does not violate the principle of "negation of the path" and is in the country's best interests. Therefore, this article aims to describe and compare the advantages and disadvantages of this agreement with Islamic jurisprudence, the principle of "negation of the path," and the country's interests using a descriptive method.

Today, Information technology has penetrated all sectors of society and its impact on the advancement of processes is significant. The judiciary and the prosecution are not exempt from this and application of technology in this area is popular all over the world. Although discussion on the possible use of technology in this sector is not very old but from the beginning it has been met with reception and introduction of proposals in various areas, in order to better use in the administration of justice.Our country is also not far behind and use of technology in the judiciary is following up with related laws and regulations. The necessity of application in this section has been the subject of many studies and articles and some Recommendations has been provided for use in proceedings that they has been more in the field of criminal procedure.However Study about the issue that technology specifically in which procedural steps and sections could be used or not, is novel and although necessary to know. In this article, by investigating details of civil procedure form and looking in to each parts from possible use or non-use of technology, effort has been to inaugurate an opening to offer new recommendations.

The violation of human rights, both as a customary rule and as rights enshrined in human rights documents, was evident in the Mina tragedy. More than ever, the intervention of the United Nations as an organization that safeguards peace and human rights was needed, using the capacities of the Security Council and the Human Rights Council to assist the victims' families. Additionally, peaceful resolution of this tragedy required the intervention of the Organization of Islamic Cooperation, which, according to its goals, should have entered into negotiations and provided a platform for cooperation between two governments.

The purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to its advantages over similar legal institutions such as installment sales, suspended sales, and rental contracts, it can also be a suitable substitute for these legal institutions in our country's legal system. At first glance, it may seem that this contract is a rental agreement in which a condition for the tenant to become the owner is included at the end of the contract. However, it should be noted that "rent with the condition of ownership" has many similarities with contracts such as installment sales with a void condition, suspended sales, rental contracts, and mortgages. Despite these similarities, there are also significant differences with these contracts. Therefore, this contract cannot be included in the framework of any of these contracts, and it must be accepted that "rent with the condition of ownership" is an independent contract. Insisting on including this contract in the framework of other contracts creates problems that harm both parties and do not correspond to their wishes.One of these differences is the difference in the characteristics and nature of suspended contracts. A suspended contract is a contract whose occurrence and realization are subject to the occurrence of another event. In fact, a suspended contract is a contract that does not have any legal effect after (offer and acceptance), meaning that an agreement is reached and a contract is concluded, but its effect is not created and is subject to an incident. The widespread use of these types of contracts in recent years has made it necessary to identify their nature and provisions.

One of the important legal principles in law, especially in the realm of contracts, is the principle of good faith. In the Chinese legal system, both in previous laws and in the new Civil Code enacted in 2021, good faith is recognized. Chinese courts have no specific limitations based on the principle of good faith and sometimes consider the concepts of good faith and fairness to be interchangeable. In the Chinese legal system, the duty of good faith is not limited to the stage of contract execution, but both parties are obliged to observe good faith in all stages of a contractual relationship, from pre-contractual negotiations to contract dissolution and rejection of substitutes. The new Civil Code of China is the first comprehensive and complete law in the field of private law in China, which is derived from numerous past special laws but has many innovations in the field of contracts and contemporary issues such as environmental protection, smart contracts, etc. Therefore, it can be said that it is a pioneering and up-to-date law in this regard.

In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international law, and among them, the 1971 Hague Convention represents a turning point in international efforts to create uniform laws and principles for recognizing and enforcing foreign judgments. In Iranian laws, the conditions for identifying and enforcing judgments are also stated in Article 169 of the Civil Procedure Code. In this article, a comparative study is attempted using library research method and descriptive-analytical approach on the identification and implementation of foreign judgments in civil and commercial matters with a focus on the provisions of the 1971 Hague Convention and Iranian civil laws..

The aim of this research is to explore and investigate the role of testimony as one of the evidence in proving a claim and the judge's will in determining the value and impact of testimony in court. The research method is descriptive-analytical, and the different perspectives of the experts in this field are examined and criticized. The author will present his own viewpoint in the conclusion and summary of the study.

In the article 1092 of Civil Rights, it is mentioned that: “ If the husband divorces his wife before having intercourse, she is entitled to the half of dowry of bride and if the husband had given more than half of dowry of bride before the intercourse, he would have entitled to the residue of the half of itself or its price.”, in this case; the question is that if the wife forgives release all or more than half of(dowry of bride, which is exactly  the husband’s total duty ) after marriage contract and the husband divorces her before having intercourse with her, since release is a kind of possessing  and domination of the debt or is similar to the loyalty to a pledge, and considering the  command  in the article above;  does the wife owes the residue of the half of dowry of bride The popular response to this question  by the Faghihs of Imamia is positive whereas other Faghihs and lawyers disagree with their view.  While  studying this subject;  in this essay, we will try to understand  the evidences of those in favor and opponents of this and will observe some aspects of the topic that have been  less taken into consideration.

Partition, separation, and division each have their own specific definitions and are different from one another. Generally, partition refers to the difference between multiple joint partners, while separation means separating a property or land by the owner. In other words, when the partners do not agree on how to divide the joint property, the solution is to request partition. However, in the case of separation, a person can also take action to separate their own land or property. In this research, we intend to focus on the concepts of partition and separation and compare them from the perspective of property registration law

Discretionary power is a power granted by the legislator to public authorities with the aim of serving the public interest. This power is exercised in various areas, including the recruitment of volunteers in government agencies. According to the Universal Declaration of Human Rights, individuals have the right to equal access to public employment in their own country. According to the Law on the Administration of Public Services, the principle of meritocracy applies to entry into executive agencies. However, placing criteria such as religious beliefs in addition to acceptance in the entrance competition has a legal basis according to the Law on the Administration of Public Services. The question now is how can these two important issues (meritocracy and compliance with selection criteria) be achieved? This article attempts to answer this question by describing and analyzing a decision by an administrative court through a library study using data extraction tools. The results showed that compliance with the principles of impartiality and neutrality by executive agencies and supervision by administrative courts are good tools for achieving the legislative goal of granting discretionary powers to administrative authorities.

In the various principles of the Constitution of the Islamic Republic of Iran, there are severe conflicts and conflicts, which can be seen in the principles related to the judiciary, principles 36 and 167 of the Constitution are among them. And the conflicts and conflicts have spread from the text of the constitution to other laws. For example, the ambiguity in Article 167 of the Constitution has spread to Article 220 of the Islamic Penal Code approved in 1392, and this law, which as a normal law should contribute to the transparency, elaboration and future work of the principles of the Constitution, has become a summary and generalization, which is the result of it. The abandonment and inefficiency of Article 167 of the Constitution will be in effect.