نشریه پژوهش های حقوق تطبیقی
سال بیست و هشتم شماره 2 (پیاپی 124، تابستان 1403)

 Artificial intelligence is expanding rapidly in various sectors of the industry, including maritime transportation. However, the use of autonomous ships can reduce collisions, which are significantly caused by human errors. However, there will be different types of artificial intelligence threats and dangers. Regarding this, in the collision of these types of ships, determining the culprit is difficult or impossible. According to the Brussels Convention of 1910, the owner of the ship is responsible for compensation based on the liability of the fault. When the ship does not have a human crew, the basics of liability caused by damage to the ship as well as the type of division of this responsibility are one of the important challenges. The findings of the study show that due to the complete independence of the ship and the difficulty of proving the fault, the traditional foundations of civil liability cannot be extended to autonomous ships. Therefore, in the collisions caused by the autonomous ship, the owner of the ship is subject to strict liability for applying these types of ships and benefiting them. The rules of responsibility for the collision of autonomous ships require new foundations and reforms that are different from traditional laws. At this stage, regulatory and judicial measures should be taken internationally and domestically to use these types of ships. 

In concluding a contract, sometimes we need to leave some of its provisions to the future and agree on the basic elements of the contract. Many lawyers consider this contract vague and even invalid. However, due to the connection that certain conditions have with the public policy of the society, such invalidity does not come from jurisprudence, civil code and commercial practice. So, the question is what are the criteria for resolving the ambiguity of the provisions of the contract By examining legal provisions, the ambiguity of an incomplete contract may be subject to an objective criterion or the will of the parties to the contract or one of the parties or a third party may prevail. If these criteria are not in the contract, the court can enter and resolve the ambiguity of the contract. All of this kind of Contracts is valid if one can evaluate by an objective criterion or by a personal decision or a court decision. Otherwise, the contract would be a void entity in law.

The first constitution written in Iran consisted of the "Nezam Nameh Asasi" and its supplement, drafted following the Constitutional Movement's victory, called "Mashruteh" in 1906 and 1907. This document, which marked a turning point in the constitutionalism movement in Iran, was influenced by the constitutions of countries such as Belgium, France, Bulgaria, Germany, and the Ottoman Empire. In this regard, the authors in another text have examined the extent and manner of this emulation.This article analyzes constitutional laws using a comparative approach, examining their patterns and comparing them to the "Mashruteh" constitution. The model laws are evaluated using two criteria: rights and freedoms, and public powers. Then, the "Mashruteh" constitution's position regarding these laws is analyzed through a comparative study. As a result of this research, it becomes clear that the Iranian law, in the classification of types of constitutional laws, is placed in the category of semi-authoritarian laws similar to its model laws and among them, with a greater inclination towards democratic Regulations, follows countries such as Belgium and Bulgaria. Meanwhile, the influence of the specific conditions of Iran during the Qajar era and the necessity of paying attention to religious and Islamic issues have created many unique examples in this constitution that distinguish it from all of its models.

 Using tattoo as a means for make-up or expression of certain thoughts or beliefs, is expanding in the society, especially among the youth and teenagers. This fact indicates the need to take into account the legal issues related to tattoo including artistic and literary rights of tattoo works which, sooner or later, would arise in the country. In the United States, legal doctrine has examined the conditions of protecting the tattoo designs. The prevailing attitude in the American law considers the conditions of granting copyright i.e. originality, being a work of authorship and fixation in a tangible medium to be fulfilled in the case of tattoo. However, due to the fixation of tattoo in human skin, the realization of the latter condition has been faced with objections which, indeed have been answered. In the Iranian law, it is possible to protect tattoo works which are not against public policy and good behavior, provided that they are original and expressed and have been published in Iran for the first time. Therefore, in the laws of the two countries, with differences in positive and negative requirements, tattoo works may be protected. However, given tattoo works are placed on human skin, the exercising the owners material and moral rights is confronted with implied license and fair use limitations.

the inclusion of an arbitration clause in a contract obliges the parties to settle the dispute through arbitration and refrain from submitting their claims to courts. However, one of the parties may file a lawsuit in court. In that case, important procedural issues may be raised, including what is the effect of the claimant's lawsuit on the waiver of the arbitration clause, what is the effect of the defendant's objection or non-objection by procedural pleas to the existence of the arbitration clause on the court's jurisdiction. The question is can the court decline jurisdiction for substantive proceedings even without the defendant's objection The decision of General Assembly of Civil Chambers of the Supreme Court, emphasizing the effect of the arbitration clause on the prohibition of the court from substantive proceedings, has not considered the above issues. In this research, in addition to examining the judgment in issue, the various aspects of the defendant's objection to the arbitration clause and the duty of the court in this context have been discussed, and based on the nature of the right arising from the arbitration agreement, it has been emphasized that the role of the will of the parties in invoking or waiving the arbitration clause should be considered by the courts; Something that has not been examined clearly in the judgment of the General Assembly of Civil Chambers of the Supreme Court.

Mentioning the title of exploitation license in the Law on Duties and Powers of the Ministry of Petroleum can create a new structure for handing over the country's oil and gas fields, but Since there is no definition of the license, how it is granted, compensation and obligations of the holder, to compensate for this gap, In this study the title of the license as stated in the legal system of Iranian mines and oil and gas laws of countries such as Norway and England was examined and according to the necessity of creating diversity and flexibility in the model of exploitation of oil resources according to the conditions of the country's fields and the predictions regarding the increase in favor of clean energy, The result shows the necessity and positive effect of using the license subject to making changes in the laws and preparing specific regulations related to it and providing the necessary infrastructure to monitor it.