نشریه پژوهش های حقوق تطبیقی
سال بیست و نهم شماره 2 (پیاپی 128، تابستان 1404)

The "lost years" claim is a legal action arising from personal injuries caused by the negligence of the tortfeasor. In addition to the general conditions for bringing a tort liability claim based on negligence, it is necessary for the injured party to demonstrate a reduction in their life expectancy due to the injury. Such claims are typically pursued in cases of severe bodily harm, with the injured party seeking compensation for the income they could have earned during the years lost from their life. English courts calculate compensation for lost income by considering factors such as the victim’s age, expected working life, retirement age, pre-injury health condition, and life expectancy prior to the injury. After deducting personal living expenses for the lost years, the court determines the appropriate award. This study investigates the feasibility of introducing such claims in the Iranian legal system. Although such claims are uncommon in Iranian courts, the findings indicate that they can be argued under the general principles of damage compensation and civil liability as a form of "possible gains." However, Note 2 of Article 14 of the Iranian Code of Criminal Procedure may, in cases where blood money (Diyah) is awarded, create barriers to compensating this type of damage. Thus, given the lack of explicit legislation regarding lost years claims, drafting specific provisions for the recognition of possible gains during lost years is essential to achieve the principle of full compensation for personal injuries.

The essential element for the successful execution of any project is its financing. In the oil and gas industry, due to the substantial investment required and the long lifecycle of projects, there is a predominant inclination towards project-based financing. Project financing is based on long-term borrowing and, considering two key features-high financial leverage and non-recourse and/or limited recourse to the sponsors and shareholders of the project-it compels lenders to conduct a thorough and comprehensive assessment of the project risks, and consequently, to evaluate the bankability of the project. The oil and gas industry, due to considerable expenses, long durations, and multiple risks such as fluctuations in oil prices, environmental issues, and political risks, requires reliable financial and contractual structures. One of the main challenges faced by authors of oil contracts in Iran has been the risk management system and, consequently, the bankability of these contracts. This article analyzes the impact of various risks on cash flows and the ability to manage these risks in order to enhance the bankability of oil and gas projects, with an emphasis on the model of Iran Petroleum Contracts (IPC), which currently follows a service contract framework.

Joint work is a concept that is generally discussed in the realm of creative works and refers to a situation where two or more people with unique skills, ideas, and perspectives contribute to the creation of a software. Today, the emphasis is on software creation relying on teamwork. However, a specific legal framework for the optimal exploitation of this type of teamwork has not been foreseen, and there are many ambiguities and legal problems in national laws regarding the definition and consequences of this type of work. If the collaboration has an international aspect, these challenges can escalate and cause serious interruptions in the continuation of the work due to the emergence of disputes. A brief look at the copyright regulations in different legal systems indicates that there have been basic questions regarding the issues of joint works in the case of software and the different answers to each, in fact, have shown different approaches to its important issues. Therefore, the application of national laws regarding the case may not be able to meet the expectations of the parties, i.e. programmers. If such problems are not resolved in advance between the parties through a contract, they may create serious problems in the friendly cooperation that is so important for a successful joint work. Therefore, to resolve any potential challenges and disputes regarding the ownership of computer code and the complexities arising from the legal consequences of the joint work, it will be necessary to conclude a contract.

The harms resulting from crimes committed within the family, particularly domestic violence, is one of the most significant social and legal challenges worldwide. By threatening the institution of the family, such violence leaves irreparable consequences, especially for women and children. Criminal policymakers in various countries have sought to reduce these crimes and protect victims by developing and implementing non-molestation orders. Despite the existence of laws such as the Family Protection Law and the Islamic Penal Code in Iran, the current criminal policy regarding the protection of victims of crimes and domestic violence seems ineffective. This descriptive-analytical article, after examining concepts such as preventive justice, civil preventive orders, and non-molestation orders, explores the relevant legal provisions in the United Kingdom, the mechanisms for issuing these orders, policy foundations, and their implications. The findings of this research indicate that designing and implementing more comprehensive laws, increasing public awareness, allocating more financial and human resources, and strengthening support and rehabilitation mechanisms, along with implementing non-molestation orders after addressing their shortcomings, can significantly contribute to reducing domestic violence and improving the effectiveness of Iran's criminal policy.

The rapid advances that have occurred and are occurring in artificial intelligence and its tools, such as ChatGPT, have made it necessary to explain issues related to intellectual property in this regard. Considering the lack of relevant sources in Persian legal literature in this field, an attempt has been made to review this issue by referring to new foreign texts. The method of this study is descriptive-analytical, in which the resulting sources, which have been collected through documentary and library methods, are first described and explained, and then analyzed. The main question of this article is whether artificial intelligence and ChatGPT can be recognized as creators based on the principles governing intellectual property rights or not In an effort to find a logical and legal answer to this question, while reviewing the research background and examining the opinions given on this matter, the opinions raised in Iran and abroad are presented, and after categorizing these opinions, possible solutions are stated in the form of four cases. The article ends with a conclusion on the issues raised and stating some possible suggestions in the field of domestic and international law on the subject under consideration.

Intellectual creations are products of human thought, taste, and creativity. Creators express their personality, desires, and emotions through their literary and artistic works, making each work a reflection of their identity. Given the close connection between moral rights and the creator’s personality, the concept of "Inalienability" is considered one of the fundamental characteristics of these rights. This principle not only renders the transfer of these rights impossible but also prevents any action that would permanently and irrevocably remove moral rights from the creator’s domain. However, when considering the economic dimensions of moral rights and the creator’s autonomy in determining the fate of their work, distinct from personality rights, there exists the potential for waiving these rights under certain conditions. This makes it possible to reach agreements concerning moral rights through various methods and approaches. While this perspective may seem inconceivable or undesirable to adherents of civil law systems, including those of the Iranian legal system and the European Union, it is not entirely implausible.
   This research, through an analytical-descriptive approach, concludes that despite the acceptance of the principle of inalienability in the two mentioned legal systems, due to economic justifications and technical and practical considerations in copyright exploitation contracts, agreements related to moral rights are not inconceivable. Under specific conditions and for various purposes, such agreements are possible, and there are legal capacities available for their realization.

This chapter explores how AI could help improve both the process and the outcome of lawmaking by legislators. Among the possible applications of AI in lawmaking discussed in the chapter are opportunities in the areas of (1) legislative technique, (2) legislative process and (3) legislative monitoring. Each section also pays attention to the challenges and risks and come with the possible applications presented. All of these developments are at an early stage or can perhaps not even be called ‘developments’ yet. There is growing experience, however, with designing ta-based systems and legislation in parallel. Even if these systems do not necessarily include elements of AI properly speaking, meaningful learning can take place from such projects. Therefore, for each of the three aforementioned possible applications, this chapter analyzes the case of the Digitaal Stelsel Omgevingswet (‘DSO’, ‘Digital System Environment and Planning Act’), an online system for digital information regarding environmental and planning law, set to enter into force in The Netherlands on 1 Januari 2023.