نشریه تمدن حقوقی
پیاپی 22 (زمستان 1403)

Demand guarantee as one of bank guarantee types, is an independent undertaking that must be paid just by beneficiary demand. The principles of independence and strict compliance are two fundamental principles governing it. The question in this connection is what is the basis and origin of these principles of authentication? Moreover, about demand guarantee, what does the doctrine of strict compliance means? This article by comparative method has tried to study the fundamental principles governing demand guarantee and present proposals to complete trade bill by analysis of the basis and origin of these principles authentication with descriptive and analytical research method. It appears that the basis of these principles in the Iranian legal system is freedom of will and Article 10 of Civil Code. The meaning of documentary characteristic of demand guarantee according to Article 6 of the UNCITRAL Convention, the beneficiary demand, in any manner that is done, whether written or unwritten, must appear to be in accordance with the terms of the guarantee.

It may happen that due to the conflict between the citizenship laws of the countries, a person has dual citizenship. In order to distinguish practical or effective citizenship, pieces of evidences and circumstances should be considered and it should be considered which government a person belongs to and is more dependent on in practice. In this sense, the place of residence, the citizenship of the person's spouse and even the passport that has been used, and finally the choice of the person himself, which is also very decisive, are taken into consideration. Slow the importance of citizenship comes from the fact that since an individual does not have an unquestionable position in international law, the government is a means of providing this position for him, so the support that the government can give to an individual depends on the works and role of the individual citizenship relationship. This research with a descriptive-analytical method states that in Iranian laws, the original citizenship through the blood system and paternal relationship and the Jus Soli system has been accepted with completely exceptional conditions and in a partial way, and while it has given more priority to the blood principle, In English law, which is subject to the common law legal system, it has accepted the system of land and residence and modified it with the principle of blood.

Among the financial obligations arising from married life, the provision of essential expenses, defined as alimony, is a key element addressed within various legal systems. In the civil legal traditions of both Islamic customary law in Turkey and Romano-Germanic law in France, the obligation to pay alimony is fundamentally reciprocal and mutual between spouses. In French law, this obligation is influenced by the marital property regime, either based on "separation of property" or "community of assets." In contrast, Turkish law primarily addresses alimony obligations in the post-divorce phase, encompassing categories such as poverty alimony, child support, and temporary or precautionary alimony. The duration of alimony payments in Turkey is indefinite post-divorce, with specific exceptions terminating the obligation, whereas in French law, the duration is capped at one year. Regarding criminal enforcement measures, both legal systems utilize imprisonment as a deterrent, with Turkish law prescribing up to three months' imprisonment and French law imposing up to two years of imprisonment alongside a fine of €15,000. This descriptive-analytical study reveals that, in terms of civil enforcement, both systems permit the garnishment of the debtor’s monthly income. French law, on the other hand, introduces additional measures, such as granting the recipient the right to file for divorce, while Turkish law prioritizes alimony debts over other obligations.

In Iranian law, the civil responsibility of the government in judicial actions was foreseen in Article 171 of the Constitution of 1358, which can be referred to as the general rule of civil responsibility of the government in damages caused by judicial actions. One of the duties of the government is to provide judicial services at a reasonable speed. The delay of proceedings is considered one of their chronic problems in governance. Procrastination of the proceedings has harmful effects on litigants and its direct damage is directed at them. the reasons for the delay of the proceedings are the government's carelessness in the administration of judicial affairs and judicial mistakes and errors in the process of the proceedings, according to the change in the basis of the government's responsibility and the replacement of the principle of the government's responsibility instead of the principle of immunity, the government can be held responsible for any losses caused by the delay of the proceedings. Factors for reducing the delay of criminal proceedings in the new criminal procedure law, using the experiences of advanced countries including the development of electronic judicial services, creating the necessary infrastructure and of course being required to comply with these principles in the practical field can reduce delays. Criminal proceedings are very effective. Now the question is, in cases of damage to individuals by the government, the principle is to compensate for the damage is Do the existing laws provide the rights of individuals؟

The settlement of investment disputes between the investor and the host government due to the violation of the investment treaty is subject to the rules governing the dispute settlement clause under the relevant treaty. Among these criteria is the condition of the Cooling-Off Period, the observance of which as a form of jurisdictional procedure and a prerequisite stage for dispute resolution, is directly related to the jurisdiction of courts or arbitration tribunals. According to this condition, the claimant of an investment dispute should refrain from filing a lawsuit in court for a certain period. The parties should do their best to resolve the dispute amicably. The main question of the research is, what will the effects and results be if the investor or the host government does not comply with the waiting period? Different courts have different opinions in this regard, according to some, non-compliance with this condition has no effect on the jurisdiction and is an optional procedure, while others emphasize that it is mandatory and effective in the court's jurisdiction and even the possibility of compensation. The review of the authors with a descriptive and analytical approach shows that determining whether this condition is mandatory will depend on the review of the text of the treaty, the rules governing the relevant investment, and the extent of the language of the text.

Today, judicial security and economic security are very important principles that are always used in all legal systems. Accordingly, the judiciary is one of the fundamental institutions in ensuring these principles, so that the handling of lawsuits along with the administration of justice in the country makes citizens feel calm and secure, and due to the transparency of the relationship between citizens and the government, the exercise of individual freedoms is also guaranteed, and even public institutions cannot illegally change the legal positions of individuals in society. Based on the descriptive-analytical method, the present study seeks to answer the question of what is the role of the judiciary in linking judicial security and economic security? The hypothesis and findings confirm that according to Article 14 of the Third Article of the Constitution, ensuring fair judicial security and Article 12 of the Third Article and Article 43 of the aforementioned law, economic security is also foreseen for all members of society. In this regard, if judicial security is created, political security, social security, economic security, moral security, and cultural security will also be created. Economic security includes a resistance economy, the fight against economic corruption, economic transparency, economic management, a distribution and pricing system, combating smuggling, and job security, all of which are part of the roadmap of the judicial system.

The delimitation of maritime zones (exclusive economic zone and continental shelf) is considered one of the most important and complex issues related to the rights of the seas. Although the rules related to the delimitation of the exclusive economic zone and the continental shelf are included in the Convention on the Law of the Sea, these rules are general. As a result, to make the delimitation of the exclusive economic zone and the continental shelf equitable, the equitable principles should be referred to. This article seeks to answer whether the principle of non-cutoff as a well-known principle of international law can be applied to reach an equity result in delimiting the boundaries of the exclusive economic zone and the continental shelf? Investigating this issue is necessary to make the delimitation of maritime zones equitable, and it also reduces the complexity of delimitation. In addition, clarifying this issue can lead to the realization of Iran's rights in the field of its hasn't been delimited maritime zones with other coastal states. The findings of this research show that the principle of non-cutoff is one of the generally recognized principles of international law, and it takes precedence over other equitable principles. Also, applying this principle will modify and adjust the equidistant line method or change it.

According to penal utilitarianism, punishment is justified because it results in the greatest final good for the greatest number of members of society. The meaning of good here is the goals that ultimately lead to the reduction of crime. In this current article which is kind of a fundamental theoretical and descriptive in terms of purpose, and the information is collected using books and articles, we analysis seven utilitarianism justifications of punishment five of them are in the "general deterrence" category and two are in the "crime prevention" category. According to general deterrence theorists, the punishment is justified because the victim has the right to defend himself/herself and punishment is a means of achieving this right (the theory of Automatic Retaliation Device), Punishment redistributes the same harm (the theory of distributive justice) or re-imposes a possibly more severe harm that the offender has inflicted on the victim (the theory of weak retributivism), Punishment is caused by violating the duty of the offender to not harm others (theory of the duty to protect the victim) or is justified due to the capacity to convince people not to commit a crime (theory of harm reduction). According to crime prevention theories, imposing a disproportionate and more than deserved punishment on dangerous criminals who are likely to commit multiple crimes, to recidivism (additional/disproportionate punishment theory) or due to strengthening the legal awareness of society members and Strengthening the rule of law in them is justified (positive general prevention theory). Fundamental criticisms are made on each of these theories that cause the justification of punishment to face inadequacies.

With the death of a deceased person, rights and obligations will be transferred to his heirs, whose role in assuming these rights and duties is of great importance. The event of death affects the rights of the individual as well as his obligations. In French law, the obligations of the deceased refer to a set of legal and juridical processes that are implemented after the death of a person to manage his assets and debts. This process is mainly regulated based on the principles of inheritance and the financial responsibilities of the heirs. According to French civil law, the heirs generally assume the financial responsibilities of the deceased to the extent of the assets they inherit. Therefore, the present study aims to comparative study the implementation of the obligations of the deceased using the descriptive-analytical method and seeks to find the answer to the question: What effect does the death of a person have on the implementation of his obligations in Iranian law? The findings confirm that financial obligations are mostly unchanged and must be paid from the deceased's estate, but if the obligation is personal, the obligation will also be extinguished upon the death of the obligor and will not be transferred to his heirs. Therefore, the heirs are the successors of the deceased in his contracts, debts and obligations, and the rights and obligations that were due to the deceased will be transferred to them after the death of the deceased, unless the contract or debt is a successor to the person.

Marriage and divorce are among the issues that have received attention in Ancient Iranian law, and the reason for this is that the issue of marriage has been of special importance in Zoroastrianism. In doing so, Ancient Iranian law, which is based on this tradition, has paid special attention to this issue. Further, the issue of a woman's ownership of her property and what she gets from her husband during marriage, as well as her ownership of property after divorce, is one of the branches of these two issues. The basic question of the study is whether women have authority in the topics of marriage and divorce, as well as the property or not? To answer this question, we have first examined two introductions (equal rights of men and women and free will) and after explaining these two concepts in the Zoroastrianism and the Ancient Iranian Law, we have explained marriage and divorce in the tradition of Ancient Iran. Last but not least, the issue of women's ownership during marriage and after divorce has been investigated.

The legislator does not have the same ruling regarding the additional jurisdiction of specialized criminal courts in the face of criminal cooperation, and in cases where the persons involved in committing a crime are persons whose charges are dealt with based on personal jurisdiction in the jurisdiction of another specialized court, from the general rule of single trial contained in the article 311 Criminal Procedure Law Deviation, which leads to multiple hearings by multiple specialized courts, which conflicts with the philosophy of a single trial in additional jurisdiction and will lead to the issuance of different opinions in a single crime. This research aims to prove that even though some of these special courts such as the special clergy court and the children's court or the revolutionary court with the children's or special clergy courts according to articles 31 and 13 of the charter of the special clergy court and Articles 303 and 314 of the Criminal Procedure Law have a positive conflict turns out that the preference of each of them is the absolute preference, therefore, considering the importance of dealing with some crimes, such as crimes under the jurisdiction of the Revolutionary Court and the specialization of the proceedings, or in cases where the charges of each of the defendants are under the jurisdiction of a different special court, they can be dealt with together. Respecting the dignity and personality of the accused Also, in order to prevent the influence of political and influential people in the jurisdiction of the contract court, which can deal with the matter independently and expertly, taking into account all these cases

This study provides a legal analysis of unfair terms in consumer contracts in England, focusing on the 1999 Regulations and their alignment with the European Union Directive. The primary issue under investigation is the implementation of this Directive within the English legal system and the interpretative challenges associated with key concepts such as good faith and significant imbalance. Research aims to identify the strengths and weaknesses of these regulations in protecting consumer rights and to offer recommendations for improving the existing legal framework. The research methodology emphasizes comparative analysis of domestic and international laws, examination of key judicial decisions, and evaluation of the enforcement structure of the regulations. This includes a detailed analysis of the 1999 Regulations, their comparison with the Unfair Contract Terms Act 1977, and the assessment of the role of regulatory bodies such as the Office of Fair Trading in identifying and preventing unfair terms. The findings reveal that while the 1999 Regulations have partially succeeded in implementing the EU Directive, they continue to face interpretative and enforcement challenges. These challenges are particularly evident in the interpretation of key concepts and the legal balance between consumers and suppliers. Furthermore, inconsistencies in the uniform application of the regulations and a lack of full alignment with other domestic laws have impacted their effectiveness. The study suggests that enhancing judicial interpretation, improving regulatory oversight, and fostering greater coherence with related laws can significantly strengthen consumer protection.

Jurisdiction of the judicial organization of the armed forces in Iran's legal system, based on the three periods of permission to develop the jurisdiction by the leadership in 1987, 1994 and 2020, is no longer limited to crimes related to the specific military and disciplinary duties of the armed forces employees. Examining the position and identifying the executive territory of the permissions based on the additional jurisdictions of the military courts in time are the issues that the present research is responsible for describing and analyzing with a library study. The aforementioned permissions according to the theory of the absolute authority in the hierarchy of laws are placed in a position beyond Article 172 of the Constitution. The approach of the legislator in the provision of Note 1 of Article 597 of the Criminal Procedure Law in resolving the objection of the Guardian Council, while not referring to the permissions after the date of approval of the law in 2013, clearly emphasizes the high status of the permissions of the development of the jurisdiction of the judicial organization of the armed forces.

The symbolic emphasis on the issue of combating economic crimes and the disregard for expert and scientific theories have caused pragmatism to penetrate the field of economic crime criminal policy. In such a way gaining political prestige by government officials in the eyes of public opinion is considered as one of their main goals in the fight against economic crimes. Pragmatic policies that are opposed to rationalism and prudent and scientific approaches, by emphasizing the will of the people and the current needs of society, adopt cross-cutting solutions to issues and problems. An examination of Iran's criminal policy on economic crimes shows that pragmatism has infiltrated the field of economic crimes for various reasons, including the media coverage of economic crimes, the politicization of reactions to these crimes, the lack of public awareness and the state economy, and pragmatism. Findings indicate that pragmatism in the field of substantive policy on combating economic crimes in criminalization is based on events, determining the guarantee of criminal execution according to the requirements of society, legislation by an institution other than the legislature and the basis of Government security is manifested in criminality. The research method in this research is descriptive-analytical and in collecting its data, in addition to analyzing the rules and regulations, the discourse of criminal policymakers has been examined.

Child custody after divorce is one of current law's most important issues and challenges. Therefore, while specifying the conditions for granting custody, the legislator considers the child's best interest to be very important and mentions it as an imperative aspect. International laws and regulations, such as the Convention on the Rights of the Child, emphasize this importance. But sometimes the dry and absolute interpretation of the law not only does not guarantee the, child's best interest but sometimes we also see its violation. For example, in the case of a child leaving the country with his mother after a divorce, due to the fear of not returning to Iran and violating the rights of the child and the father, the courts generally issue a decision not to leave the country in a single procedure. While this withdrawal may be necessary and its non-implementation may harm the best interests of the child. For example, his need for treatment is necessary for his health. Therefore, in such cases, by using all available capacities, including international human rights conventions and regulations (in addition to domestic laws), with intelligent decisions, the rights of all parties can be guaranteed and a verdict closer to justice can be issued

Industries are always developing and progressing and this progress and development causes the creation and emergence of new issues. One of these industries is the tourism industry and one of the emerging issues is the related legal issues, especially civil liability. The purpose of this article is to examine this First of all, who is responsible for the damages caused to the pilgrims? Secondly, what is the basis of their responsibility? Which has been investigated and verified in this article and with a descriptive-analytical method it concludes that there is a possibility of holding the technical manager and the tourist guide responsible and it is possible to accept the basis of pure responsibility based on valid reasons in this field.

Nowadays, cultural heritage has very rich legal backing, and the attention of most governments to this issue is felt more than ever before. With the growth of crimes against cultural, historical, and religious heritage in different countries by individuals and organized gangs, national and global attention has been drawn to this dangerous phenomenon; of course, how to deal with these crimes has been manifested in the form of national laws, conventions, declarations, and resolutions, etc., and factors such as floods, earthquakes, wind, rain, and conspiracies and plots of domestic and foreign enemies to plunder these works and dehumanize nations have also contributed to the cause. Given that historical and cultural properties form part of the country's cultural heritage, crimes committed against them can be considered crimes against public order in addition to crimes against property. In this regard, American criminal law has also criminalized crimes against cultural heritage and has considered the perpetrators of the aforementioned crimes punishable. The American legislator has had a more balanced reaction to the perpetrators of these crimes compared to the Iranian legislator and has paid more attention to prevention and culture building in order to reduce crimes against cultural heritage. In Iran, despite the long history of criminalization in the field of cultural heritage, unfortunately, an increase in destruction, theft, smuggling, and destruction of historical and cultural monuments can be observed; therefore, criminalization in this field helps to obtain a relative understanding of the status of existing criminal laws in the field of cultural heritage and ultimately to identify gaps and shortcomings in existing laws in order to inform the legislator. Therefore, the need for laws and regulations related to the protection of cultural heritage is important, and serious efforts to carry out this task as well as possible are necessary.

Nowadays, due to the importance and necessity of the firefighting organization, the responsibility of the officers of this organization is discussed. Based on this, sometimes firemen may cause damage to others while performing their duties and removing its effects, and the responsibility for damages caused by public acts falls on the firemen when, according to Article 11 of the Civil Liability Law, they are responsible for the damage. If others are to blame, it means that their actions are intentional, with malice and due to carelessness. Therefore, his intentional fault from a career and professional point of view is the only reason that can justify his responsibility for compensation and establish the causal relationship between the damage. Since the principle is based on the good intentions of the firefighters, they should be exempted from responsibility even if possible. Also, their lack of responsibility can be justified based on jurisprudential rules such as beneficence, urgency, action, and warning. On the other hand, in English law, the responsibility of fire officers refers to a set of principles and rules in which the actions of these people are evaluated while performing their duties, and this responsibility can include physical injuries, financial damages, as well as the impact on public property and be private In this country, the liability of firefighters is examined in the context of civil and criminal law, and firefighters, as public officials, are obligated to maintain safety and therefore have responsibilities for their actions and decisions.

Today, artificial intelligence, using its capabilities such as the ability to process text, images, etc., has many uses in education, health, career development, personal affairs, and even law, and one of its applications can be given to analysis. Raw materials for conducting research, content production, discovering and identifying diseases, marketing, etc. Therefore, with the speed which artificial intelligence is developing and its traces can be found everywhere in our lives and work, in the not so distant future it will cover an important part of our lives. Therefore, it is important to know the paths and challenges facing the future of artificial intelligence rights. In this regard, this research discusses the field of related artificial intelligence rights. It also considers what kinds of regulatory issues national and international AI projects can add to the current digital rights discourse. Based on the literature of artificial intelligence rights, this research points out other problems related to the mentality of artificial intelligence rights and the real personality of artificial intelligence, which have not yet been recognized in digital law.

Option sale, as a special type of sales contract, provides special conditions compared to ordinary sales by creating a right of termination for the parties and uncertainty in the ownership status of the sold item, which, if used correctly, can positive impact on the economy. This type of sale allows the seller to become the owner of the sold item again by returning the price if he is not satisfied with the transaction. On the other hand, there is also the possibility of terminating the transaction for the buyer and a third party. In French law, option sale is also one of the types of special purchase and sale contracts in which the seller acquires the right to repurchase the sold item within a certain period or according to specific conditions. This allows him to potentially regain his ownership, provided that he acts to repurchase within the agreed period. Therefore, this unique feature distinguishes the option sale from other purchase and sale contracts in French law, because in it, unlike ordinary sales, the seller retains part of his ownership rights until the time of redemption. As a result, the advantages of the option sale include greater flexibility in transactions and the possibility of returning to the previous situation in the event of disagreement. In this regard, the effects of the option sale as a complex legal entity require careful analysis and examination in the Iranian and French legal systems examined in this article.

This study examines measures to prevent financial corruption in the banking system and aims to identify and analyze effective approaches to reduce and control financial corruption. To achieve this goal, analytical and descriptive methods have been used. Data have been collected through a review of existing literature, relevant laws and regulations, and an analysis of current practices in the banking system. The results show that financial corruption in the banking system requires multifaceted approaches due to its complex nature and the possibility of concealment. Two types of prevention, namely proactive prevention (including strengthening transparency, professional ethics, and supporting reporters) and situational prevention (including correct customer acceptance procedures and the use of information technology) have been identified as effective tools. Also, legislative response measures should be designed to effectively combat financial corruption. Ultimately, by implementing the proposed measures, including strengthening education and awareness, establishing support mechanisms, and developing information technology, financial corruption in the banking system can be effectively prevented and public trust in this system can be strengthened. These measures will not only help reduce corruption but will also lead to improved performance and transparency of the banking system.

The ever-increasing progress of information technology and technology has caused businessmen and individuals, whether real or legal, to use electronic contracts as one of the most reliable business methods. However, there are gaps in the legal framework governing electronic contracts and electronic commerce in Iran. These loopholes limit the effectiveness of electronic contracts. To reduce these gaps, one should rely on the general rules and general principles governing contracts and identify the main features of electronic transactions. The lack of sufficient laws and regulations in this field has caused problems in electronic contracts, which can be recognized as one of the basic problems in the field of e-commerce law. The current research focuses on the electronic contract and the obligations of the parties and its necessity in electronic commerce, with a descriptive-analytical method and using the collection of library studies, it examines the necessity of the contract in Iran's e-commerce laws and provides the necessary measures to ensure Discusses the compliance of electronic contracts with its legal requirements.

The aim of the study is to examine the criminal policy of imprisonment in the Armed Forces Punishment Law approved on 2013. In the aforementioned law, there are thirteen types of imprisonment (imprisonment from one month to six months, imprisonment from two months to six months, imprisonment from two months to one year, imprisonment from three months to one year, imprisonment from three months to two years, imprisonment from Six months to two years, imprisonment from six months to three years, imprisonment from one year to three years, imprisonment from one year to five years, imprisonment from one year to ten years, imprisonment from two years to five years, imprisonment from two years up to ten years and imprisonment from three years to fifteen years) is considered. This study, which is applied in terms of its type and purpose and has been carried out with a descriptive-analytical method, aims to answer the question of what kind of criminal policy has been followed by the Law on Punishment of Armed Forces Crimes approved on 2013 in relation to imprisonment? In response, it can be claimed that the criminal policy of imprisonment in the mentioned law is both a lenient criminal policy along with a heterogeneous criminal policy and a strict criminal policy along with a heterogeneous criminal policy.

This article provides a critical examination of Michael Ignatieff’s "Human Rights as Politics and Idolatry," delving into its analysis of the philosophical and practical underpinnings of human rights. The paper aims to to evaluate Ignatieff’s assertion that human rights should be justified based on their tangible benefits rather than abstract moral theories. Using a critical-analytical approach, the study scrutinizes Ignatieff's emphasis on the political aspects of human rights and assesses his position in light of criticisms that highlight potential oversights in moral and practical considerations. The analysis explores how Ignatieff grapples with the challenges of nationalism and exceptionalism, advocating for a more balanced approach that reconciles theoretical justification with practical concerns. By integrating moral, political, and practical perspectives, the article endeavors to offer a comprehensive framework for comprehending and promoting human rights in contemporary global politics, underscoring their pivotal role in fostering justice and human dignity.