نشریه پژوهش های حقوق تطبیقی
سال بیست و هشتم شماره 3 (پیاپی 125، پاییز 1403)

Open data are data produced or recomended by the government or institutions which are under government control, and can be freely used, reused and redistributed by anyone. For the purpose of a person to be able to express his thoughts, he must be able to freely expose them to the public. The existence of laws governing access to information (such as: The Access to Information Act, The Data Protection Act and The personal data protection Act) is one of the indicators of readiness for open government.The openness of data is closely related to transparency and accountability, therefore, attention has been paid to this issue in various countries. The subject of this article is to investigate the legal status of open data in the Islamic Republic of Iran and the Republic of Turkey. This essay compares the subject laws of Iran and Turkey in the field of open data and aims to represent the commonalities and differences between the two countries and the possibility of legal convergence of them.The present study, by the descriptive method and the qualitative content analysis of the documents, proposes the hypothesis that both countries have recognized the right to access information with limitations. Finally, the main proposition is that in the studied countries, since the law of freedom of information has not been able to meet the explicit requirements of the government, therefore, there is no deep and accurate understanding of the concept of open data.

Private international lawyers can no longer believe that asylum rules belong only to public international law, or that asylum is not the core of private international law. On the contrary, private international law should be the first branch of law to address asylum and its impact on the personal status of individuals. Cross-border flight by people who fear for their lives or freedom raises important issues in the field of their private international law. In addition to the logistical issues related to asylum seekers, destination countries also face issues related to their private international law in the field of personal status. This article examines one of the long-term legal concerns, namely the portability of the personal status of refugees across borders.   Article 12 of the Convention on the Status of Refugees makes their personal status subject to the law of their country of residence. Considering Iran's accession to this Convention, the rule of Article 7 of the Civil Code will not apply to them, and the law governing the personal status of refugees must be determined differently from that of other foreign nationals.   The findings of this research show that according to Iranian private international law, the governing law for the personal status of refugees residing in Iran should be determined with due regard to their religion or faith. If, according to Article 12 of the Convention, we consider Iranian law to be the governing law of residence, it can be said that the religious rules of minorities recognized in the Constitution, as part of Iranian law, can also be applied to refugees. It is obvious that where the refugee is not a member of Iran's recognized minorities, his personal status will be subject to the law of his residence.

Those who are affected by the negative effects of economic decisions, are often those who have the least power and ability to influence it. According to the latest report of the Majlis (Parliament) Research Center in Iran, the percentage of the population below the absolute poverty line in the year 2021 was %30/4, While the two issues of poverty and the lack of participation of citizens in the economy are distinct, many believe that economic deprivation continues with the inability to access, influence and interact with the economy. In this article, which has been done in an analytical-descriptive method and using library resources, the authors have come to the conclusion that the democratization of the economy is one of the ways out of the vicious cycle of continuing poverty, and for this purpose, the formation of citizen economic councils and their objectification within the framework of the law can be effective. The formation of these councils can lead to strengthening the ability of citizens to influence national and local economic policies and strengthen the legitimacy and validity of economic policies. In order to make the activity of these councils efficient, it is necessary to have resources for empowering the councils, such as granting them political and legal rights, allocating budget and providing the social capacity needed to create broader consultative networks.

The patent claims as an important legal part of the patent certificate are the most cited and the most challenging part of the patent certificate in patent infringement lawsuits. The evaluation of the jurisprudence of various countries proves that despite the significant impact that this part of the patent certificate has on the fate of infringement lawsuits, due to the arbitrary constructions, it has lost its pioneering role and the judgements are clearly incoherent. This article, in addition examining the judicial procedure of American courts and identifying the seven principles cited by judges, shows the necessity and importance of uniform, methodical and predictable construction by parties. Also, while refining and evaluating these principles in Iran's patent law, this research aims to provide clear guidance for Iranian judges when interpreting claims in settling disputes of infringement lawsuits. Nevertheless, the authors of this article, while acknowledging the special nature of the strategic findings of the judges of the American federal courts, use the aforementioned principles only for face these concepts, to explain the necessity of systematizing claims construction with the aim of preventing occurrence of conflicting opinions when interpreting claims in Infringement claims are suggested. Nevertheless, the authors of this article, while acknowledging the special nature of the strategic findings of the judges of the American courts, use the aforementioned principles only to face these concepts, to explain the necessity of systematizing the interpretation of claims with the aim of preventing the occurrence of conflicting opinions when interpreting claims are suggested.

The cession of debt contract, is a dependent contract which in many ways, continuous and sometimes is subordinate to the main contract. Creditor, as a party to this contract, generally consents to this when knows that this method, reduces the risk of non-fulfillment of an obligation. A question that arises is that what is the effect of voluntary transfer of contractual debt in the main contract which was the origin of the transferred debt In Iranian law, although this matter from the main debtor versus creditor is considered as fulfillment of an obligation, it may never lead to practical receipt of credit by creditor. Despite of cession of debt, other terms and conditions of the main contract remain in effect. Sometimes, cession of debt causes the loss of some rights, Such as lien right of parties and beneficiary’s option. The principle of fulfillment of an obligation of transfer of debt is on the part of debtor against creditor. Therefore, just as fulfilling of obligation to all or some of obligations arising from the contract does not cause its dissolution, transfer of contractual obligation does not have such an effect. Nevertheless, Sometimes the voluntary transfer of contractual debt causes a change in status of parties to the contract in relation to rights and obligations and priority and delay of their implementation. Survival and dissolution of the contract as an origin of debt also affects the rights and obligations and even the survival of the debt transferor contract. In French law, cession of debt, following the laws of other European Countries especially Germany, has recently entered the civil code of that country since 2016. Despite of the acceptance of this institution, neither the cession of debt in the real sense occurs (except in exceptional cases) nor as a consequence, any of the effects of this matter can be seen in the basic contract; except in the case of stipulation of parties to the cession of debt contract. This article examines these cases with an analytical and descriptive method.

The criminalization of defamation (Libel) in order to protecting human dignity has raised the challenge of its conflict with the right to freedom of expression. Establishing a fair balance between the right to freedom of expression and the dignity of citizens requires the adoption of reasonable legal strategy. The purpose of this article is to evaluate the conflict or non-conflict of criminal defamation and freedom of expression with a descriptive-analytical approach in the Egypt's legal system. According to the results of the research, the Egypt's legal system, by criminalizing personal defamation on the one hand and decriminalizing public defamation on the other hand, and on the condition of correcting some of its shortcomings, lead to compatibility between criminal defamation and the right to freedom. In this way, while supporting human dignity, it avoid unnecessary limitation of the principle of freedom of speech, especially by those in power.