نشریه حقوق و مطالعات نوین
سال چهارم شماره 4 (پیاپی 13، زمستان 1402)

The rule of waste is one of the famous jurisprudential rules in all Muslim Sects and there is a consensus regarding it. One of the most important causes of forced guarantee that is cited is the same rule of loss. The application of the rule of waste indicates that whoever wastes another`s property is a guarantor , and the mistake in the loss is not stated in the appearance of the rule , and on the ofter hand , if the non-financial rights of people are lost , it con not be removed from the rule. Because the appearance of the rule emphasizes the of financial rights. However, one should not pay attention to appearance of the rule, because by using Article 1 of the Civil Liability Law, harming any right that a person has , whether it is property or otherwise , is guaranteed. One of the non-financial human rights is life and health , wiche is respected by the legislator along with other legal rights, including property. Therefore, despite the fact that Physical loss and damage to people is not a matter of financial rights, but according to Article 496 of the Islamic Penal Code, it is a guarantee and responsibility for the person responsible for the damage.

Music is an important art and product in different forms and formats in the hands of today's mankind. Investigating the impact of loud music on human behavior is one of the important topics in various sciences such as psychology, social sciences and criminology. Considering the abundance and expansion of music genres and young people taking examples from singers and being influenced by them or being influenced by music itself, it creates the necessity to investigate the impact of violent music on young people and teenagers in terms of increasing the dangerous state and appearance. These effects are discussed. And this question keeps coming to mind, what effect does violent music have on increasing the dangerousness? In the science of psychology, research has been done regarding the impact of words and also the impact of some types of music on people's minds, but in the field of criminology, the impact of music on people and their resilience has not been addressed, at least in Iran. The descriptive-analytical method has investigated the effects of violent music on increasing the dangerous state and the manifestation of these effects on the behavior of people, especially young people and teenagers, and the occurrence of aggressive and violent behaviors. In this study, first, a definition of the dangerous state, music and its constituent elements are presented, and then, according to the theories related to violence in criminology and the data taken from psychologists' experiments, the impact of violent music and its lyrics on The increase of dangerous state and violent behavior has been discussed. The result shows that violent music with faster rhythmic beats or having violent content causes an increase in dangerous state in people and hence causes Violent behavior occurs in them.

After the correct conclusion of a smart contract, the discussion of how to dissolve it in electronic channels is discussed. The exercise of options in smart contracts must be done in accordance with the rule of harmlessness in order to prevent harm and damage to others. Smart contracts, by exercising options, are able to perform various operations based on certain limited conditions, and it gives the parties of the transaction access to different methods for executing the contract and changing its conditions. In general, exercising options in smart contracts allows the parties of the transaction to It allows to determine the terms of the transaction in a more precise and specific way and creates a significant improvement in the performance and efficiency of smart contracts, and also the lack of options reduces the stability and loss of flexibility in the smart contract. The main purpose of exercising options in smart contracts is to improve the contract implementation process and help the parties to comply with their rights and obligations more effectively. In this article, using the library and research method, to analyze the exercise of options and the resulting challenges. We will pay for it in smart contracts. Exercising options in smart contracts should be investigated and clarified from different aspects due to the huge impact this action has on the execution of contracts and business relationships.

Today, the phenomenon of dust has become one of the most serious environmental issues facing mankind. One of the most important of these environmental effects is the change of land use and land cover regardless of its adverse effects on natural resources.In recent years, it has been very effective, considering that the main purpose of the research is to investigate the effects of change of use in intensifying dust centers and the government's civil responsibility towards this issue. Finally, it can be stated that the occurrence of dust in the study area has been increasing over time and this increase is significant from 2008 onwards. In recent years, it has been very effective, considering that the main purpose of the research is to investigate the effects of change of use in intensifying dust centers and the government's civil responsibility towards this issue. Finally, it can be stated that the occurrence of dust in the study area has been increasing over time and this increase is significant from 2008 onwards. The increase of barren lands under the influence of various natural and human factors along with the decrease of soil moisture is one of the most important reasons for the creation of internal centers of dust in the study area.

The issuance of the 1963 resolution on space by the General Assembly and, accordingly, the discovery of the term "immediate custom" by Professor Bincheng drew the attention of international lawyers and judges to the elements that make up international custom. Classical international custom needs both material and spiritual elements to form, but Ani custom considers only the existence of a spiritual element to be sufficient for the formation of custom. After proposing the theory of Ani custom, supporters of Ani custom with the argument that the acceleration of international developments in various fields, especially technology, especially in the field of space, is happening rapidly, the formation of legal rules related to brought up the international developments. A group of jurists believe that there is no need for the procedure of the governments (material element) over a long period of time, but supporters of Ani custom such as Cheng believe that in general the absence of a material element does not create a problem in the formation of international custom and in this context They point to the developments in the field of space law, referring to the 1963 resolution of space law and the judgment of the International Criminal Court of Yugoslavia in the case of Kupershkij, along with theories such as preemptive legitimate defense and the lack of necessity for the existence of a material element.The material element is based solely on the spiritual element.This article tries to answer the question of whether the international custom is trying to eliminate the material element or the international custom is still trying to form both elements by looking at the judicial procedures and existing theories in the field of Ani custom.Material and spiritual elements are needed. The content of this article has been collected and then analyzed in a library method.

Electronic commerce in the world of social networking can broadly fulfill the needs of long distance business, but this kind of business can also be harmful just like its traditional counterpart, which without executive guarantee to compensate such an issue, there would not be the possibility to gain trust and attention of people to use it for businesses instead of the real world means. Therefore, various countries have attempted to pass rules regarding electronic commerce and enacted that، causing damage to others in cyber space also leads to civil liability for the one who has done so. In order to properly enforce the regulations related to civil liability, effort must be made to study the causal basics and principles. Civil liability in electronic commerce is derived from juristic and legal rules, and in the present study with the analysis of juristic rules in civil liability regarding electronic commerce, the documentation has been discussed. The influence of these principles and the juristic rules in the field of electronic commerce have also been talked about.

The aim of this research is to investigate the legitimacy of Iran's political system between leadership as a religious and religious concept and republicanism as a western and new concept derived from the system It is the western politics that has been reflected in the constitution after the Islamic revolution. so; The challenges and jurisprudential-legal contradictions of legitimizing governance based on jurisprudence and people's republic in the Islamic Republic of Iran are examined in this research. The results of this research show that if there is any ambiguity in the interpretation of the people's right to sovereignty, it is necessary to pay attention to the constitution as a system; First, the position of the people as the creator of political power and the system of the Islamic Republic of Iran and the constitution should be considered as the product of the nation's will. In this assumption, the system of the Islamic Republic of Iran, as a creation of the people, must always be subject to its creator, that is, the nation, and thus, the creator of political power inevitably has the right of full and sole sovereignty. Based on this, the constitution has recognized the single sovereignty and dual and limited sovereignty is fundamentally incompatible with the principle of people's right to self-determination. Although in recent years, the people's right to sovereignty has been ignored in practice and institutions such as the Guardian Council have taken steps to Islamize the laws and also hinder the people's forces in the decision-making process and access to key institutions, but the people's sovereignty with The interpretations in the constitution prevail.

Today, natural person have appeared directly in the international law to some extent, and bue to this presence, leyal rights have been assigned to them and responsibilities have been placed on them,of course, having rights and responsibilities in the international arena by individuals requires that we consider them subject to international law, even though they are passive subjects and although there have been and still are opposing views in this regard, it is the countries practice the society. today international community has recognised the status of natural person as subjects of in international law, and the application and implementation of these international rights and responsibilities in proof of this claim what this article floors is to examine these rights and responsibilities related to in dividuals in international law from a historical perspective and the development to each of these issues in therms of the concept, natural and mechanism related to each case.

Examining the efforts of the United Nations, in the two areas of increasing women's rights and protecting the environment, shows the great importance of women's participation in the international arena. Giving a role to women and their non-governmental organizations in protecting the environment and achieving sustainable development is very important, and for this reason, various international documents have recognized the participation of these actors. The upcoming research seeks to study the position of women in a part of public international law, i.e. the branch of international environmental law, and wants to show international transformations about the participation of women, as one of the important and vital players in international environmental law. is life The results of this research show that women are actually the creators of sustainable development culture. The efficient and active presence of women as well as their empowerment in the framework of improving the standard of living, participation in major development decisions and their achievement of an equal position in the light of economic and social growth as well as the education of environmental issues makes the process of education and as a result Environmental protection has penetrated to the innermost layers of society and without incurring excess costs, many members of the society have been indirectly educated, and considering the multifaceted responsibility of women and their role in educating future generations, environmental culture be institutionalized.

Liability means compensation for damage caused by a person's act or omission, which has resulted in harming the rights of another person. The pillars of responsibility include four pillars: 1- the person causing the damage (who is called the lawyer in the present case), 2- the victim (who is called the client in the present case), 3- the occurrence of the loss, 4- the existence of a causal relationship between the damage and the loss. Conductor (causing losses). Power of attorney is a contract by which one of the parties appoints the other party as his representative to do something. Contractual responsibility is the responsibility resulting from breach of promise by the obligee in any contract. Non-contractual liability is the compensation for damages caused by the non-contractual act or omission of a person whose act or omission leads to harming the rights of another person. The main bases of the lawyer's civil liability are 4 acts or omissions. 1- Failure to respect the interests of the client, 2- Disclosure of the client's secrets, 3- Refusal to submit an account during the period of representation, 4- Failure to return the property and documents of the client. Therefore, the main bases of civil responsibility in the material behavior of the judge are the judge's fault and the judge's mistake.