مجله مطالعات حقوق تطبیقی
سال پنجم شماره 2 (پیاپی 10، پاییز و تابستان 1393)

ILO، adopted and communicated several types of document which include Conventions، recommendations، resolutions and statements etc. among all of them، convention has a special place because the members states accept duties and obligations. Among these conventions، those conventions that are related to the fundamental rights of labor had special importance and prestige. Member countries of the Organization like Iran are required to implement the relevant commitments. this study aimed to analyze administrative obstacles of the Fundamental Principles and Rights at Work by getting weight to problems and ranking them. The result of study show that Prohibition of child labor is more important than other aspects of Fundamental Principles and Rights at Work. in aspect of child labor most important obstacle was «red tape»، in others categories result was as follow: in lack of collective bargaining most important obstacle was made emotional decisions، in forced labor most important obstacle was distrust of other workers، in gender discrimination most important obstacle was Working environment، in people inequality most important obstacle was Subjective judgments manager.

Producing Genetically­Modified­foods plays one of the key roles in addressing the increasing needs for foods. The development and increasing use of GMfoods، despite its benefits and advantages،causes its­own problems and challenges، as well. The exclusive characteristic of these types of products and the human and environment-related effects have made discussion over this issue twice assignificant. Among many legal challenges lies the problem of how to determine civil liability’s ­basis of these products that has brought about controversies throughout international instruments and legal systems. Available international instruments regarding this issue include The­Cartagena­Protocol­on­Bio-safety،which Iran officially joint itin1382; in­addition،Nagoya–KualaLumpur­Supplementary­Protocol has been enacted on liability and redress of these products. In this paper، in view of the fact that domestic rules have­not stipulated anything regarding this issue،it’sbeen tried to determine the status of the mentioned issue in international instruments as­well­as obtaining an appropriate basis conforming to Iran’s law. Byconsidering international instruments and different viewpoints in Iran’slaw،strict liability seems to be fitting and complying with both Iran’s­law and international instruments.

In the French Law، the properties of public entities and at the head of them، the properties of state are divided into public domain of public entities and private domain of public entities. The criterion of distinguishing of public properties of public entities is a procedural matter that has been taken from French Doctrine، however the recent law of public entities ownership passed in 2006 has arrived these criteria in the legal texts. There principles of public ownership، and use and preparation enter a property into public properties of public entities. The state is in the top position in these properties، so the governing rules of them are administrative and their competent courts are administrative courts. But in the case of private domain of public entities، the administration is equal with ordinary persons; therefore the rules of private law and judicial courts govern it.

Right of private property is of the most important individual rights of society that lies in the heart of private law. In Islamic law protection of property as one of the five goals of fighhe، that is، protection of sagacity، religion، generation and self، is to be stipulated. Based on article 140 of civil code the process of property acquisition is restricted to four cases. On the other hand، legislator has limited the causes of property acquisition to four cases and prohibited any other acquisition out of these causes. The purpose of present article is investigating the process of property acquisition of intellectual works in the light of article 140 of civil code. However، at first، the value of intellectual works will be analyzed since it is the introduction of property acquisition of intellectual works and the quality of private property acquisition of intellectual works to its creator will be separately investigated afterward.

Political power is considered as one of the most fundamental Public law Vocabulary، as far as the separation of political power and public law seems impossible. Meanwhile it seems that this concept as the fundamental concept of public law; varies in Islamic and Liberal thought and there is a serious conflict between them. Analysis of this claim requires a proper understanding of the concept of political power and its components in each Islamic and Liberal government. That is why this article first explores the notion of the power in its word، terms and common litreture of public law with liberal recitation and then studies position and concept of political power in Religious Literature based on the thoughts of Imam Khomeini (RA) and at the end review the concept of Velayat as an original configuration and corresponding concept of political power in Islamic government. Finally، it seems concepts of political power and Velayat or its similar Islamic concept substantively have significant differences because political power rooted in Transcendence and arrogance of rulers، while the Velayat is an Instrument for realization of divine sovereignty via rejoining people`s hearts with rulers. Therefore، based on distinction between the concept and looking at the most fundamental concept of public law in these two ideas، besides the difference in probability and amount of corruption due to power of Velayat، legal appropriate structures in order to adjust the range and their applied method with vary with each other.

Formation of non-governmental organizations is in order to realize the Citizenship Rights and support the legitimate demands of their and in line with the needs of human societies. Realization this goal has several conditions that among the most important is to maintain the independence of these organizations. How to establish، supervision and dissolution of the organizations and the degree of government interference in each of these stages، can be indicative of the extent of independence of civil society. In relation to the discipline of non-governmental organizations، three regimes of Preventive of prior authorization، Preventive of prior notification and Repressive is conceivable that Iran، France and Swiss have chosen each one of them respectively. The purpose of this comparative study is that independence NGOs in which of the three systems are more.

Aleatory contract has not been codified in Iran''s regulations. Whereas Egypt''s regulations not only generally compromise aleatory contract but also give prominent examples for it. In Aleatory contracts considerations are not determined، because، here، determination of a consideration is based on some factors which will be fulfilled in the future. The effect of this contract shall be established at the time of conclusion of contract; so this contract is absolutely distinguished from the suspended contract. Risk is not effective to this contract; so aleatory contract is basically distinguished from risk contract as well. Ultimately aleatory contract has different concepts in comparison with deferred contract and conditional contract. With dependence on profiteering intentions of parties، this contract has deceptive characteristics. With respect to dependence of contract''s effect on tense factor، it has continuous characteristic inhere. Also this contract is one of obligatory contracts which has non-simultaneous obligations. Unexceptional characteristic is another characteristic of these contracts. Profiteering intention cause to deceptive characteristic in this contract and dependence of cotract''s effect on tense cause to continuous characteristic inhere. Aleatory contract is one of obligatory contract which has simultaneous obligations. Unexceptional characteristic is another characteristic of these contracts.

Nowadays in commercial contracts، parties communicate with together using standard forms. Both the party''s standards forms usually contain a description of the subject-matter، the price، the quantity and the delivery terms. Such a situation is called the Battle of Forms. In such a case some questions are raised. Does the exchange of the conflicting forms create a contract? If so، what are the contract terms Does performance form the contract? If so، what are the contract terms? Some legal systems and international instruments contain solutions for the battle of forms، but in the absence of specific provisions the problem is usually resolved by the general principles on formation of contracts. In this article we examine some important legal systems point of view and then we express the position of international instruments including CISG، UPICC، PECL and DCFR in this regard.

The right to work is undoubtly considered as one of the most important human rights which imposes obvious obligations on the states to ensure it. Through those obligations، providing protection of the worker’s securityof employment plays a special role. So it has been in the heart of ILO’s consideration and regulation for a long period. To this end، based on ILO’s standards، employment termination can be justified only because of a valid reason while an appropriate procedure is necessary too. Present article reviews justified and unjustified termination of employment and its procedure in the basic instrumentsand reports of ILO and will compare them with Iran’s legal system.

the system of land registration is protective formalism that is formed based on the theory of “public confidence”. This theory presumes that what reflected by the land registration offices is based on the legal fact. This theory، which provides legal stability and security in transactions، is manifested in three guiding principles including “mirror principle”، “curtain principle” and “insurance principle”، and offers an “abstractive description” to a land registration system. This character has different effects on diverse legal systems and can be studied for both positive and negative systems.

In the context of international trade factoring as one of the important ways of financing، is a dominant method of asset based financing for small and medium enterprises. Financing through factoring be done in the form of a contract between the creditor and factor، and determining the legal nature of this contract is important to identify and determine its effects. With this regard، this paper studied comparatively the legal nature of factoring financing in the national laws of developed countries and Iran’s legal system. Most countries except France use Contractual form of assignment of debt for Legal justification of factoring financing. As the basis of factoring financing based on transfer of debt، In the domestic level Iran similar to others countries like itself that has no specific rules about can also use contractual frame works in which the transfer of debt is possible.

Disclosure of classified public interest information has become one of the major legal challenges in recent years. In the past decades the conflict between the right of people to receive information and principle of sovereignty within the framework of traditional media (Direct Broadcast Satellite) resolved in favor of principle of free flow of information and the said conflict was replaced by the exception of national security. But nowadays، Wikileaks by access to classified information and disseminating them، has shown new conflict between the right of access to information held by the Government and national security. So in this research، besides of analyzing this conflict، we are going to study legal ways of coexistence between Disclosure of classified information and national security within of the right of access to document and information held by the Government.

Nowadays، right to environment، during constitutions، court decisions and administrative procedures، in internal public law have been identified and secured. The recognition of this right in public law is dependent on normative evolutions. With the promotion of the tight to environment in constitutional norms، we can speak about the real impact of the constitutionalization in contemporary public law system. This process can be seen as a transition from formal constitutionalization to substantive constitutionalization right to environment. This article attempted to show how formal constitutionalization led to substantive constitutionalization In light of the balance theory and the theory of interpretation. So in the framework of constitutional norms and environmental judicial precedent evolutions، trying to devise real mechanisms for guarantee of the right to environment was the main concern of the legal system.

In an international connection which different factors of legal relation were spread in different countries، bringing of several actions with the same object in different countries court was completely probable. Each party with various reasons seeks litigation in a court which provides their interest in better way. However parallel litigation in it he same object impose burdensome charges on litigant’s parties and judiciary systems and will cause an impediment for recognition of foreign judgments. Profound difference legal systems and direct relation of jurisdiction issue with sovereignty rights of states is an impediment for existence of uniform and worldwide resolution for settlement of parallel litigation problem. In some way that many of treaties and model laws merely have been satisfied with defective integration and cause a kind of mediation between rules of major legal systems.

«Corporate social responsibility» is the term of 1990 extensively، with the liberation of the economy and a profound gap between the role of the social and economic، was created، emerged. The theory is، at first، be fitted; as effects alien before it aspect of the commercial enterprises، solely for economic activity for your maximum profit for attention of return and profit without cost، for it، was unthinkable. Activities and tasimat the company، directly or indirectly، to the community at large، which includes the concept of environment، economy، culture، values، customs and.. . Fitted، fitted the influence and the company should be consistent with the legal principles such as the principle of compensation، the responsibility for compensation for losses incurred on the community is tolerant and receptive.

Next to mechanisms، methods and instruments and classic public bodies to administer، there are new independent administrative and public authorities equipped with various skills and attribution، composed of soft law and hard law to regulate the public fields. The multiplicity of forms of regulation show the composite nature of regulation، which is between the private and public domain: laws، codes، charters، contracts، economic incentives and certification used in an increasing order of soft law in hard law. Now، the state is no longer the only player in the regulation of the game، but there are other private and public actors; what made change both the face and the content of the law and the state.

During the past few years، the Iranian system of education and research in law has received severe changes، which have seriously damaged this system، and consequently have led to the decline of the Iranian legal system. Some such changes are not limited to law; rather، they are present in other fields of human sciences. This can be partially due to university instructors (e. g.، how they are recruited، promoted، assigned various posts unrelated to academic affairs، etc.)، as well as to the process of admitting university students (e. g.، nationwide and centralized admission of university students which is done sometimes out of the regular rules، without entrance exams، and through admitting large numbers of students at postgraduate levels)، and to educational methods (e. g.، demand for memorizing huge quantities of materials، unfamiliarity of students with legal issues in practice، demand for high scores، etc.)، or to research (insufficiency of original، fundamental studies.