"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract Human actions are divided into three parts: worships, traditions, and habits. The religion commandments are wajeb, mustahab, Makruh, Mabah, and Haram. In this article, we are dealing with the worship subject which leads to the man's proximity to God and future life reward. Because, a charged person must know whether he can change the worship subject or not and if doubts are raised in the subject of worship, which principle should be cited in order to put the charged person out of doubt. The jurisconsults believe that the "Esalatossehhe" is applicable in transactions and habits which in this article the possibility of citation to this principle in worship from the Sunnis jurisconsults point of view will be studied. Also, different Sunnis religion disagreements over the issue of invalidity and corruption in the worship and various opinions on this issue and also types and conditions of worship and corruption-related effects in worship is discussed. Then with the citation to available sources, we will be dealing with the citation Impossibility to the "Esalatossehhe" and the Sunnis jurisconsults reasons In the field of worship. In the end, their obeyed principle in worship which is “Esalatol man” will be disputed.

Abstract As a rule of thumb, a person who is exposed to harm as a result of another harmful behavior must take standard steps to avoid avoidable harm. But sometimes obstacles and factors cause the obligation to be removed from the obligee, in other words, they prevent the fulfillment and establishment of the duty on the injured party. In different legal systems, cases such as the inability to deal with the damage, fulfillment of the same obligation, determination of the obligation and conflict of implementation of the rule of compensation with the damaged religious teachings and orders, save him from dealing with the damage and the right to claim damages. Do not lose yourself either. Since the rule of damages and the obstacles to its implementation are not explicitly provided in Iranian law, their comparative study with US law can identify its strengths and weaknesses, and with the help of judicial and legislative practice in explaining the rule of damages.

Abstract Privacy is one of the most up-to-date legal concepts of the present age and is considered one of the most fundamental and fundamental human rights, and it can be said that many people in different parts of the world are involved in it every day and their privacy is violated in various ways. Accordingly, privacy is the realm and range of actions, behaviors, thoughts, characteristics and characteristics of a person that are determined by law and custom and can be changed according to the requirements of time and place and are not public and specific to that person. And has a reasonable freedom in this area and does not disclose them, and human beings do not tend to disclose it, and this privacy is free from the entry, view and supervision of others or any aggression, whether by law or consent. . But the boundaries and content of what is considered private vary between cultures and individuals, but their core content is common. Recognition of human freedom and will and respect for his privacy will enable the flourishing of human talents and their participation in affairs, and the recognition of the private sphere as a right for human beings, an important and effective role in promoting, developing and supporting It has values ​​such as freedom, a sense of security and peace in society, mental health, and the growth and flourishing of human talents. Now, all these cases make it necessary to know the standards and concepts that exist about privacy

Abstract In societies where social classes do not live on their own and are the toy of governments, they have no will of their own and are drawn to this side and the other side of power, and as a result lose their ability to express themselves and be mobile and play with their hands. They will be upstairs. Now the question is, what effect does the middle class have on stability or instability in managing political, social and cultural crises? It seems that political, social and cultural instability or instability in crises is a pervasive relationship with the strengthening or weakening of the middle class in At the heart of society's economic growth has been the strengthening of the middle class, followed by the general state of affairs and political legitimacy, and the consequent strengthening of political, social, and cultural stability. Weakened politics, widespread discontent, and political, social, and cultural tensions follow Is Eshete. The above research is based on qualitative method and information retrieval through available documents and data discussed with descriptive-analytical approach. Data collection and data have been collected using existing documents and through the library and the Internet. It is the relationship between the middle class and political stability and public and social welfare and tries to examine the situation of the middle class in Iran both theoretically and experimentally with the approach of political economy and political sociology and how it affects Follow security and political stability in the country.

Abstract abstract
The necessity of respecting the contract is to fulfill its obligations, so that failure to perform contractual obligations guarantees several performances, the most important of which is the compulsory and termination of the transaction in the legal system of Iran and Islamic jurisprudence. For example, the enforcement of the sentence or order from the court Or other law enforcement agencies that oblige the person to carry out an objective investigation of what he has undertaken, or in the event of a refusal to comply with a warrant or order, by a court with his or her legal remedies through enforcement agents or third parties, or if the obligation is committed by the person concerned With physical and financial pressures, he has to force him to fulfill his obligation The burden, which forms the most important part of the present article, is in direct and indirect fashion, and these two types of coercion are distinct according to the subject of engagement And in cases where a vested party has a direct obligation to do so, and the vendor can only demand his indemnity through indirect coercion, and if he fails to fulfill the obligation, he will be obliged to terminate the committed area, so for the importance of the matter In this article, after mentioning, we will give a general overview of the concept of commitment and types of commitment to the validity of the subject as contractual obligations, and will conclude
keyword:obligation،contracte،do،consraint

Abstract Judgment decline is conducted in different ways and various instruments, in which the claim or judgment extraditions are one of those acts, and the request made by the principal claimant or any tribunal claims in order to eliminate the effect of a dispute formally consent and adduce by the court and judicial authority and has almost the same effects that arranges in petition extradition, so that after the claim extradition at its juncture and legal section, not only will be taken out of court its proceedings and jurisdiction assignment, but also the defendant(s) is also exempt from the obligation to answer and defend against propounded claim, and the court will issue the abatement of action. In condition of the claim extradition, the issue of termination of claim has also been considered and if the plaintiff wants to completely dismiss her/his claim, in this case, the termination of claim order will be issued. According to this approach, the purpose of this research is a comparative extradition study and termination of claim in Iran, French and British laws.

Abstract Abstract
Advertisement on the cyberspace needs regarding of special principle and requirements; these requirements should be in a form that secure of suppliers of goods and people’s trust in the field of electronic commerce in addition to protect visitors’ rights. Generally, if someone wants to advertise a commercial stuff in the cyberspace, he/she should regard some legal requirements such as precision, honesty in it traits, avoid of fake and misleading advertisement, and avoid of making mental pressure on visitors. Mentioned legal requirements rooted in national and transnational rule for electronic commercial law, and generally, internet law. Electronic commercial Code (1372), provided some of these requirements. Few requirements, besides of criminalization of its violating acts, are provided by this Code regardless of complete consideration to public criminal law such as malice intent, to show the necessity of measure of requirements and un-criminalization of violating mentioned requirements.
Key words: commercial advertisement, cyber, legal requirements, actus reus

Abstract Residence is considered as the main factor in determining legal citizenship, which has been considered in various legal systems. On the other hand, it is the source of changes in laws in marriage, divorce, inheritance and will. In order to determine the righteous law of foreigners in the rights of different countries, two factors are typically taken into consideration: one "residence" and the other "citizenship".In Iranian law, articles 6 and 7 of the national law are accepted and explicitly stated in the case of Iranians residing abroad and foreigners residing in Iran, according to the law, the residence law of the competent law on the personal status of natural persons at the time of dispute and dispute shall be subject to the law of the headquarters of the dispute. This study aimed to examine the right to determine the residence in personal status in jurisprudence and law.
Keywords: Residence, Citizenship, Personal Status, Competent Law.

Abstract The International Criminal Court, as a transnational authority for the implementation of the provisions of international criminal law, has a central position in moving towards criminal justice. At the same time, due to the lack of executive power of this court, the judicial activities of this authority have no guarantee of execution, and for this reason, the cooperation of governments with this court is vital, so that the success of this court depends entirely on how The international cooperation of governments and international institutions, including the Security Council, with this international body is something that in a number of cases conflicts with the political interests of these countries and institutions and is difficult and challenges. Creates for the court in execution.
However, given that almost a decade has passed since the International Criminal Court, this article will try to examine the challenges and weaknesses facing the executive before this court.

Abstract One of the topics that are discussed in the field of private law is the concept of damages and the ways in which it is compensated. In all legal systems, what is certain is that, if damage occurs, it must be compensated. Damage may also be material, spiritual or physical. One of the issues where compensation is important is the issue of "illegal detention". The criminal procedure that is carried out in order to prosecute and prosecute the offender sometimes goes unpunished, and instead of condemning the guilty, criminal will be prosecuted. In the process of prosecution, a large number of these people are innocent and the court sentences them to be acquitted. It is clear to anyone that arrests and imprisonment of individuals not only detrimental to the individual in the custody and supervision of his or her family, but also cause spiritual intercourse and spiritual damages and dignity over their family members. When these arrests and imprisonment are illegal, these emotions and emotional injuries will be much greater. At this time, the key question that is posed is whether these individuals can compensate for their material and spiritual losses. How do I get out of this arrest? Or is there a right for them in this regard?
 

Abstract Article 31 of the Law on Patents, Industrial Designs and Trademarks stipulates: "The exclusive right to use a sign is reserved to someone who has registered that mark in accordance with the provisions of this law " The attention to this article indicates that, firstly, the registration of the mark creates a right for the applicant or the registrant, this right is the right to own a trademark. Secondly, the registration of a trademark in addition to the origin of the creation of the exclusive right to own it, but also the application of the sign can also benefit from the sign; in such a way as to transfer it under the contract or to allow it to be used by other persons. At also prevents others from using their mark. Thirdly, by considering the fact that the registrant is the owner of the trademark and that any rightful owner can deny his right or decline his ownership, then the right to property derives from the registration of a trademark capable of There are no complaints. Therefore, with this introduction, the purpose of the study is to reveal; these topics are presented in two broad sections; in the first part, the trademark registration and its process are discussed, and in the second part, the legal effects of registration of the mark are studied.  

Abstract In modern world, the human beings have succeeded in winning themselves an optimal grade of comfort with the progresses made in science and industry, but at the cost of losing comfort in the environment. The world has lost its prior security in the uproars of technology and rapid changes that have come about accordingly and the legislators are subsequently seeking to enact regulations that safeguard the public interests against these dangers. The precaution principle is now elapsed almost five decades since it was first applied as an independent principle. However, there are such basics in our regulations as no-loss axiom and the logical-canonical principle of foresight that are capable of filling the gap that has emerged in the absence of precaution principle; but, legalization of the precaution principle can create positive waves in psychological terms thereby to provide the legislator with wider array of options in approving supportive rules through replacing the compensatory liabilities by the preventive provisions. In the present article, we have made efforts to compare the jurisprudential principle of foresight with its western counterpart so as to figure out their similarities and differences thereby to evaluate the feasibility of inventing a principle of precaution based on the jurisprudential-legal premises of our country. Now that many of the regulations passed in Iran are found residing in the neutral part of the canonical rules, it seems better to accept the precaution principle as a logical tenet and put it into practice with protection of the environment and the mankind.

Abstract In the recent decades modern governments have got the control of their citizens rights in their own hands in some fields including certain contracts for jobs, insurance, and civil responsibility. They not only interfere with judicial contract making and legislative findings but also, they interfere with contract due to so-called supporting the vulnerable person, defending citizens and making them happier and bringing more and more development in the society and they called it patriarchal supports which could be beneficial for a marginal group or class and put some others in danger based on their social benefits and weakening the sovereignty of private contract.
In this research we review and analyze the reversed affects and probable results of patriarchal expediency of government and confrontation of it with the base of spending everything fair which traditionally would be done by supporting vulnerable ones to show the adjustability of each citizen sovereignty. We also want to show the undesirable affects of it on the stablishing a fair and just society.

Abstract United nation peacekeeping operation as subsidiary organs of the United Nations Security Council enjoys the privileges and immunity. In some peacekeeping operation there are reported violations of human rights and humanitarian right abuses committed by peacekeepers. But their immunity prevents them from prosecuting in court of host state and the only competent court to hear their crimes is national court of sending state as well as ICC. Though the immunity is not obstacle for ICC in prosecution peacekeepers, but there are some other Obstacles and limitations for ICC in prosecution of crime such as jurisdiction of the Court, because the court does not have jurisdiction to hear all crime and its jurisdiction is for the most serious crimes of international concern. And according Rome Statute of the International Criminal Court article 98(2) some states have bilateral agreement. This agreement calls “Article 98 agreements “which prevent some state national from ICC prosecution. In addition the ICC can prosecute member of the Rome Statute but if the cases were sent from security council of UN the consent of any state, whether member or non-member, in not condition for ICC jurisdiction.

Abstract "Naszas" is one of the most important terms in the term "Imamieh jurisprudence" and "Islamic law", which means withdrawal from the obedience of the husband and wife to each other. Since Islam ordered the formation of the family and caused it to keep people calm and calm, in order to reach this peace and quiet, it has been suggested to the couples that the solutions in legal and legal texts, in the form of duties and duties of the couples Are relative to each other. The Holy Qur'an recommends that tolerance and consistency between the parties be initiated by the couple, in the event of differences between the couples by ordering to follow ethical and educational principles such as: passing, loyalty, popularity, peace, marriage and mercy. If the title of the research comes to light, what has been investigated is the rights and duties of couples and their disapproval of their duties and the solution to the problem of coping with each partner. Therefore, due to an approach tailored to the needs of the community and the family institution in the current society, these disadvantages should be resolved with respect to the desirable relationships between the husband and wife.

Abstract Administrative offenses can be divided into three categories: first, offenses that can only be committed in the administrative environment or administrative hours, such as leaving the service during office hours, and ... 2. Offenses committed both during office hours and Outside of the office environment, such violations may be punishable in the courts for investigating administrative offenses committed by employees. The use of drugs or drug addiction... Third, administrative offenses with criminal offenses, some acts or abandonment of acts that are considered by the legislator to be an offense are also criminal offenses such as embezzlement, bribery, etc. These types of administrative offenses are called criminal offenses. In the legal system of Iran, examples of special violations of education staff are: 1. Provide answers to test questions to students before conducting examinations; 2. Declare student admittance without eligibility; 3. Forgive a degree; 4. Submit a fake document to the relevant department to use the relevant benefits; 5. Register The name of the student is a low-aged; 6-company is one of the staff in the test ... instead of another employee; and... In the legal system of the Islamic Republic of Iran, the handling of administrative offenses of the staff of the Nursing and Nursing staff is addressed through initial and review boards, as well as the Administrative Justice Court. The present study, in light of its adaptive mission, examines the violations of the Iranian education staff in the United Kingdom and the Republic of Azerbaijan.
 

Abstract Public order is one of the most important legal entities that has a special status in the legal system of all countries. This institution has a very close relationship with the interests of the community, and even many lawyers have defined it in the public interest in defining public order. Since the benefits of relative concepts and the change of time and place change the concept. Therefore, the nature of public order is also variable and relative, and its territory is widespread and tight due to changes in social and economic conditions, and this relative nature of it causes a lot of discrepancies regarding the definition, the basis and the realm Public order has been made. It can be said that one of the most important and basic examples of public order is the establishment of order and security in society, or to prevent any chaos, violations, and crimes. Considering these issues, in this article the public order position in contracts is considered with an approach to international conventions.    

Abstract One of the crucial topics of kalām is the value-related and normative behaviors of human individuals and societies, and thereby, this discipline of knowledge is related to the act of ruling and public law. In fact, since public law addresses the notions of government and citizen and regulating their relations in its discussion of the concept of state, its addressing of these two domains with a prescriptive approach is the point of junction between the kalām-related and the legal discussions in public law. One of the topics in value-related discussions is the theory of justice. Theory of justice is the point of junction between kalām and public law. In fact, the scholars of kalam address the questions of rulership and government from the viewpoint of theory of justice and theory of morality. Issues like citizens’ political freedom, the relation between states and individuals, the concept of legitimate political Power, in general, the characteristics of an ideal state from ‘Qāḍī ‘Abd ul-Jabbār’s viewpoint are some of the topics related to public law that are addressed in his theory of justice.

Abstract The criterion of the democratic system in the international community , as set out in the Universal Declaration of Human Rights , is , on the other hand , a manifestation of the civilization of the nation-state and , on the other hand , a supreme necessity based on the freedom of civil society of the countries , but the expression of freedom in various forms , That freedom of the press generally requires the creation of a desirable atmosphere of rule of law . But the position of the press is in keeping with the constraints on the international human rights system .
Freedom of the press in the Iranian legal system was first recognized in the Constitutional Constitution , and then , like the British legal system , the law was restricted by the law . The present article seeks to investigate the dimensions of the right to freedom of the press and its constraints in the light of human rights doctrines . The purpose of this research is to expand the literature on the rights of the press in the field of international human rights and to pay attention to the limitations , damage and challenges facing its implementation .

Abstract Globalization is an inevitable process, which is internationalization and the elimination of geographical boundaries. The thinkers and thinkers of different countries each speak in a way about the world and there is little consensus about it. Today, globalization is the most obvious trend in the convergence of countries, the most important of which is the economic dimension. On the other hand, citizen's rights are now at the national and international level as important legal issues. Meanwhile, the Constitution of the Islamic Republic of Iran focuses on the rights of citizens and does not include differences in ethnicity, race and language in this right. In this paper, we attempt to analyze the globalization and its effects on citizenship rights, while defining the concept of globalization comprehensively, the challenges of globalization, as well as its positive and negative consequences in relation to citizenship rights. Take up The effects of globalization on citizenship rights and ways to promote citizenship rights in the age of globalization have been described and explained. The research hypothesis is that "the evidence suggests the positive impact of globalization on the citizenship rights.

Abstract Human rights are those rights that human beings enjoy because of being human beings, regardless of the circumstances of the social variable or the degree to which they are individually competent. The answer to this assumption is that there is a series of norms, principles, and rights that are universally applicable and applicable to all human beings in different societies, since all individuals have rights for human beings without any society or government Can not deny them. For this reason, they have stated in the definition of human rights: "Human rights are the general privileges that every human being naturally possesses. Imam Sajjad (as) has been mentioned in three books of "Towaf al-Qoul" by Ibn Shubra Harari (381 AH), "Man La Yehzayar al-Fakheh" and "Al-Hayal" by Mohammad bin Ali ibn Babaroyi, known as Sadouq (382 AH). What is contained in this essay is in fact the expression of tasks that a person has in relation to different individuals, so it may be argued that this treatise does not mean the rights of today's rights. But it can be said that given that these duties have been raised to all people in the community and everyone can have such a request, these duties can be expressed in the form of a statement of the "general rights" from the viewpoint of Imam Sajjad.

Abstract One of the most important topics in Islamic sciences and humanities is accurate understanding of the meaning of the text. Hermeneutics is a branch of the humanities that discusses the theoretical foundations of text interpretation and comprehension. The science of the principles of jurisprudence pursues a similar goal. Because its duty is to deduce the Shari'a ruling from religious texts and sources. And that is why the fundamentalists in the discussion of words are forced to discover the rules of understanding texts.
The jurist uses the text of the book and tradition, ie the Qur'an and Islamic hadiths, to deduce the rulings, and the necessity of using these texts has caused about half of the discussions on the principles of jurisprudence to be used to express rules that guide how to use the words of the book and tradition. They are in inferring the rulings This section has been called "discussion of words", and this is where the discussion of the relationship between this section of the principles of jurisprudence and contemporary hermeneutics arises and the criterion of understanding between the speaker and the audience that are not on the same horizon is raised
In principled sources, several theories are usually mentioned in the matter of accurate understanding of the meaning of the text, which show the phenomenology of the hermeneutic problem before it was raised by the German theologian and writer Schleier in the form of principled theories, the most important of which include Exemplary theory of....
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Abstract Trademark as an intellectual product of humans and immaterial movables, including industrial property rights, is often used in commodities and its role is to introduce the origin of the product and to inform the consumer of the specific quality of the product that makes that mark has a companion. Regarding the importance of legal and economic trademarks, it is essential to investigate and understand it for the owners of the industries and the producers of the goods and the providers of services, and the law of law as the regulator of the above-mentioned communication can be recognized. The principles of this institution are of great help. With this view, the present article attempts to identify and clarify the trademark in the Iranian legal system with an attitude of international conventions.
 

Abstract The law scholars have been seeking, especially in the area of commitments, to enact verdicts that support the individuals’ ownership. The results of supporting ownership in the laws of contracts have been theories like will’s governance and contract’s adulation and, in the extra-contractual requirements, efforts for restoring the victim into a prior state. The veneration of ownership in the course of time caused the accumulation of capital by the individuals and, resultantly, the impression of the economic theories on the science of law. The economic theories are so rooted in the domain of the commitments that they give rise to the emergence of theories like the contract’s administration against its adulation in the laws of contracts and the instrumentalist theories in the non-contractual commitments. The acceptance of the economic phenomena as a legal challenge caused the issues like contract moderation, buoyant price and/or the option-related provisions such as the option of refusal to be looked at from a new perspective. In the present article, the author intends to analyze the single article “about the elimination of invasion and compensation of losses imposed to properties” as well as the note 3 to article 8 of the law on “the compulsory insurance of the losses caused to third persons as a result of the accidents stemming from vehicles” as examples that are completely influenced by the economic conditions and are apparently against the preliminary legal regulations meanwhile dealing with the foresaid important challenge.

Abstract جرایم زیست محیطی از مباحث مهم قانون مجازات اسلامی مصوب 1392 می­باشد. بحث محیط زیست و مسائل زیست محیطى ارتباط مستقیم با حیات و زندگى جمعى انسان دارد؛ زیرا هر نوع عارضه و اثر منفى بر محیط زیست، اثر زیانبار بر حیات انسانى دارد. از این در این مقاله بر آن هستیم که جرائم زیست محیطی و مجازات آن­ها و همچنین آیین­دادرسی کیفری رسیدگی به این جرایم  از منظر حقوق داخلی مورد بررسی قرار داده شود. در این تحقیق از روش کتابخانه­ای استفاده شده است. از آن جایی که بسیاری از مواد قانون مجازات اسلامی جدید علی الخصوص مواد عمومی آن تغییر کرده است، لذا در این مقاله تلاش شده موضوع ماده 688 را با مواد عمومی قانون جدید مورد بررسی قرار داده شود. همچنین قوانین مرتبط با ماده 688 را در کنار هم مورد بررسی قرار می­گیرد.