Scientific Research
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zienab farhadkhani; Ebrahim Taghizadeh; Asghar Mahmoudi
Abstract
The importance of the civil liability of product manufacturer and Internet of Things service provider is caused by the emerging damages of the Internet of Things to consumers. The integration of hardware, software and service in the Internet of Things is a product that is a continuous goods and service ...
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The importance of the civil liability of product manufacturer and Internet of Things service provider is caused by the emerging damages of the Internet of Things to consumers. The integration of hardware, software and service in the Internet of Things is a product that is a continuous goods and service at the same time. The approach of the laws and judicial procedure of the European Union, the United States and Iran are almost the same whether software is a good or a service. In the mentioned legal systems, the basis of the civil liability of the producer of the Internet of Things product is Strict liability, and the basis of the civil liability of the provider of the Internet of Things service is Negligence. Due to the special type of Internet of Things product, on the basis of Strict liability, the element of Negligence in civil liability lawsuits is removed and it is enough to prove the Causal Link by the consumer. Malfunction of the Internet of Things device causes life and financial damage to the consumer and unauthorized access and misuse of personal data. The producer and the Internet of Things service provider are responsible for paying the damage caused to the consumer and any other person who is harmed by the consumption of the goods. Due to the inadequacy of the laws, Iran's laws in the field of civil liability of product manufacturer and Internet of Things service provider need to be legislated.
Scientific Research
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Mohammadhossein Taghipour darzi naghibi; Fatemeh Moslemzadeh; Mehdi Taleghan Ghafari
Abstract
Often in economic relations, there is no economic balance between producers and consumers, and in many cases the rights of consumers are harmed. The laws regulating private relations between individuals, especially the civil law, due to its general nature compared to many other laws, only state the general ...
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Often in economic relations, there is no economic balance between producers and consumers, and in many cases the rights of consumers are harmed. The laws regulating private relations between individuals, especially the civil law, due to its general nature compared to many other laws, only state the general rules and principles and leave attention to the details to specific laws or the rules that Its existence seems necessary in the relationship between producer and consumer, it is silent. Identify the supporting rules. In this regard, firstly, the cases of this law which are also taken into consideration in the civil law, and then the cases which are specific to the law under discussion and mentioned for the first time in this reference are stated. The result of the research shows that despite the existence of similar rules between the civil law and the consumer rights protection law, such as the need to compensate for damages and the method of action regarding defective goods, other rules such as the need for a warranty, the concept of collusion, determining punishment for Damage caused by defects, the need for a standard, the prohibition of forced sales, the need to have an authorized representative or repair shop, the need to affix product labels, the need to form associations to protect consumers' rights, the need for monitoring and inspection, and joint liability can be considered as specific rules of the law. Protection of consumers, and the innovations of this law compared to the civil law.
Scientific Research
batool gorgin; Fatemeh Azizzadeh
Abstract
Nowadays, due to the connection of joint-stock companies with other groups of society on the one hand and the increase of their social responsibility on the other hand, companies are looking for a solution to maintain their stability and stability in order to carry out their activities. Compulsory buying ...
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Nowadays, due to the connection of joint-stock companies with other groups of society on the one hand and the increase of their social responsibility on the other hand, companies are looking for a solution to maintain their stability and stability in order to carry out their activities. Compulsory buying and selling of shares is one of these solutions that helps the stability of the company. Thus, a group of shareholders, who have a minor role in the company's policy making and decisions leave the company in the above way and end their membership in the company. What is of great importance and has been emphasized by the author in this article; Maintaining the principle of balance between the positions of minority and majority shareholders is considered one of the important functions of forced purchase and sale of shares in the American and English legal systems. The study of the two legal systems of common law and Iran shows that, firstly, unlike the legal system of common law, there are no special regulations regarding compulsory purchase and sale in the regulations of Iran's joint stock companies. Secondly, in other laws, such as the law on removing barriers to competitive production in 2014, which has established regulations in this field, it is fundamentally different from the regulations of the common law system. Therefore, comparing the laws and regulations of the two countries can solve many shortcomings and ambiguities in joint stock companies regarding the forced purchase.
Scientific Research
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Saeideh Bagheri Asl; Heydar Bagheri Asl
Abstract
One of the cases of using interpretative principles is in the possibility of repealing a legal article or generalizing it, as well as in the conflict between repealing a legal article and generalizing it. Although scholars try to resolve the conflict between two articles as much as possible by referring ...
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One of the cases of using interpretative principles is in the possibility of repealing a legal article or generalizing it, as well as in the conflict between repealing a legal article and generalizing it. Although scholars try to resolve the conflict between two articles as much as possible by referring to the rules of general, but sometimes there is no possibility of allocation and it is necessary to reject the opinion. So, the main research question in this regard is which interpretive principles are applicable in the possibility of repealing the legal article or its public appropriation and also in the conflict between the repeal of the legal article and its public appropriation? The necessity of conducting this research, in addition to being useful in revising laws, is that no one has done it yet. The research method in examining and finding the answer to the question is descriptive and analytical, and the research in answering the question has come to the conclusion that the principle is in the possibility of abrogation, non-abrogation, and the principle in the possibility of allocation, non-allocation, and also the authenticity of the general public, and the process of obtaining the validity of the law In the possibility of revocation and validity, the general public is in favor of the possibility of allocation, but in the conflict between revocation and allocation, the principle of preference of allocation prevails over revocation, provided that the conditions of allocation are met, otherwise revocation will take precedence over allocation.
Scientific Research
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Hanieh Zakerinia; SeyedehFatemeh Razavi
Abstract
There are three distinct periods in the history of the relationship between civil and criminal liability: mixing, separation and convergence. After civil and criminal liability were integrated into each other for a long time, in the 17th century AD, grounds for their separation were provided. Nowadays, ...
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There are three distinct periods in the history of the relationship between civil and criminal liability: mixing, separation and convergence. After civil and criminal liability were integrated into each other for a long time, in the 17th century AD, grounds for their separation were provided. Nowadays, civil and criminal liability in modern legal systems are separated from each other and with the approaches proposed in each, they are getting closer and effectively communicating with each other. By applying the aforementioned developments in Iran's legal system, it is clear that the distinctions between civil and criminal liability are not properly observed and clear faces of mixing are evident. In particular, strict rules have been considered in the civil law and in the discussion of the owner's rights and the liability of an ignorant person for usurpation; including absolute responsibility, disregarding the value of the usurper's work and the usurper's guarantee regarding non-reimbursable interests. The imposition of such rulings and its extension to the ignorant usurper is not compatible with the principles of civil liability, and therefore it can be considered as a manifestation of mixing civil and criminal liability in Iranian law. Because this approach is more of a criminal responsibility than a civil responsibility, and it has caused the objectives of another field of responsibilities to be raised and pursued in the civil responsibility. The present research examines the mentioned subject in an analytical-descriptive way.
Scientific Research
Ali Mashhadi; Yaser Mogadampour; Soraya Hossini
Abstract
Today, environmental damage has become very widespread. Sometimes the damage and dangers are so great that and beyond of the responsibility of the person in charge. The environmental insurance institution is one of the important Legal responses to environmental risk and liabilities. The purpose of the ...
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Today, environmental damage has become very widespread. Sometimes the damage and dangers are so great that and beyond of the responsibility of the person in charge. The environmental insurance institution is one of the important Legal responses to environmental risk and liabilities. The purpose of the environmental damage insurance was covering environmental risks against pollution and other environmental damages. In this paper, the role of the insurer, the liability of pollution caused by individuals, we will examine the damage that occurs due to pollution by third parties. Also, by analyzing the insurance institution in the environment, appropriate practical solutions and suggestions in this field have been presented. The basic question is what the place of insurance in the environment is and what solutions are there to increase the insurability of environmental damages. The basic premise of this paper is based on the assumption that the insurance company can play a very important role in the compensation of environmental damage.
Scientific Research
Mohsen Lal Alizadeh
Abstract
The virtual world with its unique features allows people to explore digital spaces and interact with other users. Therefore, Metaverse has many advantages for business development. Metaverse is a tool for developing human life experiences, an unlimited and general scope and a virtual life space beyond ...
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The virtual world with its unique features allows people to explore digital spaces and interact with other users. Therefore, Metaverse has many advantages for business development. Metaverse is a tool for developing human life experiences, an unlimited and general scope and a virtual life space beyond our imaginations. This area started with the video games industry, but it was not limited to it and quickly included other aspects of life. Unfortunately, the requirements and platforms of Metaverse have not grown as this world is expanding. Metaverse is a world, whose principles, development and management have not been determined and explained, and how to monitor and even its shortcomings and inadequacies have not been fully defined. One of the most basic of these requirements, which is the basis of other activities, is the legal and legal requirements of this new world. The purpose of this article is to examine emerging legal issues in the metaverse and presenting new approaches to obtain solutions in this field. Specifically, the issue of ownership and intellectual property, NFTs and taxation, and liability rights were examined. Blockchain and smart contracts can be used to legitimize many of the necessary property protections; In particular, intellectual property should be used in the Metaverse ecosystem. NFTs are considered as examples of investment contracts and are considered as taxable securities. Regarding the legal responsibility of avatars in Metaverse, while identifying "electronic personality" for them, According to the degree of dependence of the avatar on the producer, the theories of "strict liability " and "direct liability" have been proposed. Despite this, it seems; that the ability to adapt the rules and regulations to the changing events in the metaverse and to change the approach inherent in the rules to manage this world are considered as the biggest legal challenges in this field. It must be emphasized that law is monitoring emerging events and challenges in metaverse.
Scientific Research
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MohammadReza Amini; Aliakbar Jahani; Saeed Ebrahimi
Abstract
Today, compulsory insurance plays an important role in the economic and legal system of countries, and the current status of this institution indicates its high capacity to cover various dimensions of damage to people. Therefore, the importance and position of compulsory insurance is undeniable. Explaining ...
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Today, compulsory insurance plays an important role in the economic and legal system of countries, and the current status of this institution indicates its high capacity to cover various dimensions of damage to people. Therefore, the importance and position of compulsory insurance is undeniable. Explaining the monopoly of compulsory insurance territory is very important in certain cases, and according to these explanations and foundations, a fundamental question is raised. This article examines the basics and scope of compulsory insurance with analytical and descriptive methods and relying on library studies. And it seeks to answer this question: Is the scope of liability insurance in compulsory insurance limited to the cases that are covered by civil liability in Iranian law, or should other cases be included? And this result was obtained that according to the principles that are mentioned for compulsory insurance, by presenting a new theory, in order to preserve and protect property and respect people's lives, cases that do not have a codified law of compulsory insurance in Iranian law can be examined. are. Therefore, it is suggested to establish a mechanism to require compulsory insurance in order to achieve a balanced interpretation of the compensation of the injured people.
Scientific Research
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Reza Beyranvand; seyed ali Mirkamali
Abstract
Defense based on civil liability is divided into different categories based on its multiple meanings and diverse functions. One of the important types of defense in civil liability is the defense based on limiting the amount of responsibility, the proof of which without negating the responsibility of ...
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Defense based on civil liability is divided into different categories based on its multiple meanings and diverse functions. One of the important types of defense in civil liability is the defense based on limiting the amount of responsibility, the proof of which without negating the responsibility of the defendant, simply reduces the scope of the defendant's responsibility and the amount of damages payable by him. Despite the importance of defenses based on the limitation of liability in harmonizing the rules of civil liability in terms of compensation and also creating a favorable legal order in civil liability claims, the examination of this type of defense as an independent topic in our legal system has been neglected. The current research, with descriptive analytical methods and with the approach of emphasizing the civil responsibility of the police, seeks to provide a coherent basis for the classification of defense types based on the limitation of responsibility in civil liability lawsuits through a systematic interpretation of domestic laws. In this regard, three general categories of defenses based on liability limitation in civil liability lawsuits can be identified and examined that are respectively based on the defense based on role of the victim in connection with the accident (including the contributory negligence of the victim and also the breach of the duty to mitigate damages), the defense based on intervention of third parties and Multiple Tortfeasors in the occurrence of the accident and in the end, the defense based on good faith of the Tortfeasor is divided.
Scientific Research
Farangis Mansoori
Abstract
One of the most effective ways to implement human rights documents and protect basic human freedoms is to provide executive and monitoring mechanisms for them. The international human rights system has established mechanisms to support victims of human rights violations; One of these mechanisms is "individual ...
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One of the most effective ways to implement human rights documents and protect basic human freedoms is to provide executive and monitoring mechanisms for them. The international human rights system has established mechanisms to support victims of human rights violations; One of these mechanisms is "individual litigation" which is provided in many human rights documents.The issue raised in this article is the process of "individual litigation" in two important international human rights documents, i.e. the Covenant of Civil and Political Rights and the Covenant of Economic, Social and Cultural Rights (henceforth Covenants). In order to explain this issue and in a descriptive and analytical way, we will see that in the treaty system of human rights covenants, a protection mechanism for the victims of human rights violations has been established under the title of "Individual Litigation Ritual". In this way of litigation, the victims of human rights violations are allowed to act independently of the government and government institutions to claim their rights after failing to appeal to internal mechanisms. Studies show that although this method of litigation is effective, the proceedings are sometimes long and face the resistance of the accused government.
Scientific Research
Hamid Hamidian; Fateme Rajaiee; Alireza Pouresmaeili
Abstract
With the increase of legal pluralism in the contemporary international system, the interference of the areas of investment and human rights has increased. Therefore, the balance of these two areas is essential and this is nothing but encouraging investment and creating a balance in the investment environment ...
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With the increase of legal pluralism in the contemporary international system, the interference of the areas of investment and human rights has increased. Therefore, the balance of these two areas is essential and this is nothing but encouraging investment and creating a balance in the investment environment based on human rights standards, which over time has shown itself in the investment arbitration jurisprudence. Is. In this article, it is tried based on the analysis of opinions in this field while identifying the limitations; Let's examine the common models of human rights citation in investment arbitration. Therefore, it seems that the existing legal procedure is vague, insufficient, contradictory and new. Therefore, it is necessary to look at the half-full glass based on the boldness of the proposal and the reference to human rights, and it cannot be denied that in many cases, the courts have an inherent desire for one-sided and biased arbitration in favor of the investment treaty. Of course, in this regard, the courts are afraid of leaving the jurisdiction and abuse of the host governments, and in this regard, the role of the citation of human rights based on the basic principles of international law and the framework of the investment treaty is very key for interpretation. The necessity of human rights action and The lack of other options must be proven in the court so that the judges can justify the violation of obligations based on that action.
Scientific Research
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Ebrahim Abdipour Fard; Rouhollah Rezaei
Abstract
Objective or subjective view of the contract, although itself a more theoretical issue, has important practical effects, especially in the area of contractual errors. It has long been believed that civil law systems have a subjectivist and common law systems have an objectivist approach to contract. ...
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Objective or subjective view of the contract, although itself a more theoretical issue, has important practical effects, especially in the area of contractual errors. It has long been believed that civil law systems have a subjectivist and common law systems have an objectivist approach to contract. However, this statement does not seem to be accurate in its entirety.The purpose of this article is to investigate this issue in the rules and jurisprudence of these legal systems by descriptive-analytical method with a detailed explanation of the similarities and differences between legal systems in perception of contract. In three systems (England, France, and Germany), the contractual conception of rules and decisions (external view) is a similar objective-subjective dialectical conception. But from the inside view, the issue is very different: these are only German jurists whose perception of contract is consistent with the jurisprudence. But the English and French jurists, tend to understand contract in a more linear way, in England is essentially objective and exceptionally subjective, and in France it is essentially subjective and exceptionally objective. However, the conception of the Iranian legal system seems to be a subjective understanding, both externally and internally.
