https://clk.journals.pnu.ac.ir/ Civil Law Knowledge en daily 1 Mon, 06 Jan 2020 00:00:00 +0330 Mon, 06 Jan 2020 00:00:00 +0330 https://clk.journals.pnu.ac.ir/article_6395.html In today’s modern world, road carriage forms some parts of many multimodal carriages. For one, it is often the only option for the transport of cargo to and from infrastructure hubs such as ports, railway stations or aerodromes. Whether the CMR applies to stages of road carriage that are provided for in an international multimodal contract however, is, and has been cause for ample discussion ever since the advent of multimodal carriage1. Because the CMR only makes partial provision for multimodal transport in Article 2, a provision which only covers the ‘roll-on, roll-off ’ variety of multimodal transport operations2, the lack of clarity on its position concerning other types of multimodalcarriage enables the existence of differing opinions on the scope of application of the CMR. After study and research it is proved that, Under preparatory work of convention and most of writer opinions, Article 1 of CMR not only applies to purely road carriages, it also applies to road segments provided for in interational road segments of multimodal transport contracts. Additionally, for completing the discussion and as a minor argument, temporarily, regulations of CIM, CIV and Irans legal system is investigated. https://clk.journals.pnu.ac.ir/article_11888.html The legal nature of the commercial enterprise must be considered as the dual contractual-organizational nature. From the point of view of the economic analysis of rights, one should even consider the priority of the organizational aspect over the contractual aspect, but in any case, the nature of the commercial company cannot be imagined without the aspect of the contract. Just as the articles of incorporation and company charter are effective in creating a company, its provisions can also be effective in liquidating the company. The present research is trying to investigate the impact of the company's contract on its dissolution. Despite the organizational aspect of the commercial company, the application of the principle of free will is not restricted in the commercial company.In addition to the essential requirements mandated by the law that the articles of association must refer to, the founders of the company can include other legitimate conditions in it. Conditions such as the condition of termination or liquidation of the company, its revival during the liquidation period, and the possibility of converting the company by the will of the quorum of the condition if there is no intent to harm can be foreseen, but in any case, it is not possible to dissolve the caste company by agreement among the listed cases, but in The framework of the general rules of contracts, compliance with the nature of the commercial company and its function, added to the liquidation of the company. https://clk.journals.pnu.ac.ir/article_12658.html The current research, using the qualitative method and descriptive analytical method, aims to conduct a comparative study and answer the question that the contracts concluded by artificial intelligence under what conditions and based on what principles of validity in the field of law in the two legal systems of Iran and England Are they entitled? The findings of this research show that in both legal systems under review, the validity of contracts concluded by artificial is not denied just because it was exchanged in the form of electronic communication, and considering that the contracts concluded by artificial intelligence in The category of concluded contracts is computer-based and is considered an advanced type of smart electronic contracts, which in both Iranian and English legal systems, the provisions of the "Electronic Commerce Law" and the provisions of the Convention on the use of electronic communications in concluding contracts The international convention known as "UNCITRAL" applies to them, Therefore, the laws governing smart electronic contracts can be extended to contracts concluded by artificial intelligence, of course, provided that in the English legal system, the requirements of the common law for the formation of a contract are met, which includes "the intention of the parties to create legal relations". Existence of agreement" and "definiteness and completeness of agreement" and in Iran's legal system, proof of contract or lack of proof, demand and acceptance as well as the consequential and obligatory effects in the field of Imami jurisprudence and subject law are important and mandatory. https://clk.journals.pnu.ac.ir/article_12758.html Majority rule in joint stock companies; It always exposes minority shareholders to the risk of ignoring their rights and interests. For this reason, the right to liquidate the company has long been embedded as a traditional solution to protect minority shareholders against the encroachments of majority shareholders and company managers. However, this issue has been questioned today in such a way that in some legal systems, a modern approach has been developed to request the right to liquidate the company by minority shareholders. The modern approach, using the contractual method and referring to arbitration, is trying to provide alternative solutions to solve the problems and difficulties caused by the dissolution of the company in the traditional way, such as the high cost and density of cases in the courts. The upcoming article, in a descriptive and analytical way, while examining the conditions and methods of liquidation, as well as examining traditional and modern approaches in some legal systems of European countries, examines the issue of company liquidation in Iranian joint-stock companies, and adopting a modified traditional approach is a better solution. And it is more favorable to support minority shareholders in Iran's legal system https://clk.journals.pnu.ac.ir/article_12809.html .In social interactions, the violation of rights is inevitable, necessitating efficient mechanisms for rapid redress without lengthy judicial proceedings. Given the limitations of the courts, the institution of Taqas (self-help) gains significance for the personal realization of rights. This research aims to elucidate the jurisprudential and legal foundations of Taqas in "non-financial matters." Using a descriptive-analytical approach, the study addresses a research gap by focusing on neglected dimensions such as retaliation in spousal relations, verbal retaliation (Qisas-e Kalami), and international countermeasures, while analyzing challenges within Iranian law. Findings indicate that although no explicit statute exists for non-financial Taqas, its conditional legitimacy is substantiated by Article 167 of the Constitution and valid jurisprudential arguments. The results suggest that Taqas is inherently a "right," not a "duty," with rulings varying by context. Ultimately, while Imami jurisprudence permits Taqas (barring religious prohibitions and public disorder), Islamic logic prioritizes "pardon and forgiveness" over coercive vindication as the superior approach. https://clk.journals.pnu.ac.ir/article_12836.html The obligation of confidentiality concerning classified information acquired by the negotiating parties during the pre-contractual period—that is, information which is inherently and through the course of pre-contractual negotiations confidentially disclosed by one party to the other—is of significant importance. Such information must not be used without authorization. The obligation to refrain from using such information without obtaining permission, the channels giving rise to liability, the nature of the consequent sanctions, and ultimately the method of redress, similar to the obligation of non-disclosure, fall within the scope of adhering to the principle of confidentiality. The violation of this obligation gives rise to compensatory liability and is protected by law. The foundations of this liability, from both contractual and non-contractual perspectives—especially given the recommendation that parties consider a confidentiality clause during pre-contractual negotiations to prevent the counterparty from using confidential information—and considering that, in Iranian law, similar to French law, non-contractual civil liability has various channels, encourage us to analyze such liabilities in the scenario of using confidential information obtained during the pre-contractual period. This analysis employs a descriptive-analytical method through the interpretation and analysis of texts and data from library resources. It leads to the conclusion that, provided the necessary conditions are met, it is possible to protect a person whose confidential information has been used through both contractual and non-contractual bases, concurrently and alternatively. https://clk.journals.pnu.ac.ir/article_12838.html The basis of legislation in the field of mental health and psychiatric patients is to respect the human and civil rights of patients, which requires reaching common definitions between law and psychiatry. The most important concept in this area is insanity, which is a general title in civil law, while insanity in psychiatry is equivalent to a mental disorder or illness that has a more precise definition and has types and degrees. In other words, insanity is a general expression from the legislator's point of view, which, while being general, only briefly refers to its degree, while the latest view of psychiatry has proposed a continuum approach(with degrees) to this issue. Given the lack of such a precise definition in civil law, which can cause the rights of people with psychiatric illness to be violated simply because of having the illness, this research has examined the concept of insanity in jurisprudence, law, and psychiatry and its relationship with competence, using library resources and in a descriptive-analytical manner. The present study aims to analyze the concept of insanity and competency and its application in the three fields of psychiatry, law, and jurisprudence, and has attempted to achieve a common definition. Finally, by examining the laws and research conducted, it seems that the spectrum approach that the legislator has included in the new Islamic Penal Code regarding insanity can also be considered in the civil law in order to protect the rights of psychiatric patients. https://clk.journals.pnu.ac.ir/article_12942.html Currently, in the Iranian legal system Article 477 of the Criminal Procedure Code of 1392 is considered an extraordinary method of protesting against decisions issued that are clearly contrary to Islamic law in the judicial process and is part of the special powers of high-ranking judicial authorities to monitor the decisions of judicial authorities and to comply with Islamic law. However, what is fundamentally a matter of reflection is that the legislator has changed the phrase "contrary to Islamic law" to "contrary to Islamic law" in the aforementioned regulation, giving precedence to the word "Islam" over the word "Islamic law" Some jurists believe that there should be no difference between these two phrases; but it seems that this is not the case; because the establishment of every law has a philosophy, and in this regard, there is also a difference that the legislator has changed and relocated the phrase "Islamic law". Therefore, the present article has sought to examine the aforementioned issue more closely using a descriptive and analytical method. The author has come to the conclusion that, contrary to the previous provision of Article 18 regarding the determination of whether a ruling is clearly contrary to Sharia, the phrase “in the event of being clearly contrary to Sharia” in Article 477 is written with the purpose of preventing anyone from arguing with the opinion of the head of the judiciary regarding the matter of being clearly contrary to Sharia. https://clk.journals.pnu.ac.ir/article_12833.html Childbearing has always been one of the significant social and legal issues; however, in the past, it was primarily considered a matter of private rights. Over time, with changes in demographic structures, the necessity of governmental intervention in family and population-related policymaking has become increasingly evident. Population policies in different societies have undergone various transformations influenced by economic, social, and cultural factors. Iran has also experienced diverse approaches over the past decades. In the early years following the Islamic Revolution, pro-natalist policies led to a sharp rise in birth rates, resulting in a “population explosion.” In the following decades, however, restrictive policies were adopted to control fertility rates. In recent years, facing the challenges of population aging and declining fertility, the Iranian government has shifted toward new incentive-based policies, particularly through the enactment of the Law on Family Protection and Youthful Population on November 15, 2021. This law seeks to encourage higher birth rates by offering financial and social incentives to families. Adopting an analytical-comparative approach, this article examines the consequences of declining population, the importance of increasing fertility rates, and the legal and Islamic jurisprudential foundations underlying Iran’s demographic policies. The findings indicate that, despite offering substantial economic and social incentives, the new law raises concerns due to certain restrictive regulations and implementation challenges, particularly regarding family autonomy, reproductive rights, public health, increased abortion rates, and the potential rise in births of children with disabilities. https://clk.journals.pnu.ac.ir/article_12837.html Although the two legal entities of "deposit check" and "check issuance" in most cases have different and distinct functions, sometimes and in cases of lack of evidence for each of them, the judge is confused between the two entities and faces a problem in distinguishing and distinguishing them from each other. Such cases of conceptual confusion between the two entities are realized if the plaintiff claims fraud in a trust check, but the defendant claims that the check was issued for the plaintiff's debt and was placed at his disposal, and neither of them can provide any evidence for their claim. Therefore, the main question of the research is: "How can a trust check be distinguished and distinguished from the issuance of a check in the aforementioned cases?" The research method is descriptive-analytical with reference to library tools, and the research has reached the following general conclusion: The only exclusive solution for the judge to distinguish and distinguish between deposit check from check issuer is to use the two institutions of interpretation and description, respectively. https://clk.journals.pnu.ac.ir/article_12969.html Privatization is the granting of the public sector to the private sector. Privatization strengthens the activities of commercial companies and shapes commercial competition, which is one of the most important influences of privatization. Privatization is a fundamental value for the economy of a society and even beyond that it is necessary for its existence and survival. This fundamental value, as it is a method against corruption, monopoly and anti- competitive and anti- market measures, can be threatened by criminal behavior. It is clear that threatening behaviors are not carried out against the entity of privatization; Rather, it deviates it from the legal and correct path, which results in privatization, however, corruption and monopolization do not disappear either. The purpose of this research is the etiology of crimes caused by privatization. The research method is descriptive and analytical. The findings indicate that the lack of transparency of laws،diversity of views and the lack of supervision in the period before and after the transfer, are the main reasons for the crimes caused by privatization. As a result, monitoring the transferred companies and evaluating their performance is considered as one of the important and inseparable steps in the privatization process and is one of the most important programs of the privatization organization in the post- transfer phase. Of course, after the executive process of the transfer of companies, supervision is the most important factor in the correct completion of the transfer process. Based on this, monitoring the activities of entrusted economic centers and https://clk.journals.pnu.ac.ir/article_12835.html The stability–change problem in legal rulings is one of the key epistemic knots in contemporary Islamic jurisprudence. This study revisits the issue by distinguishing two levels—the stage of promulgation and the stage of actualization—and by explaining how conceptual vagueness shapes interpretations and generates only apparent conflicts. The central question is: How can one preserve fidelity to the Sharia’s fixed principles while delivering credible time- and place-sensitive responses? Methodologically, the paper adopts an analytic–conceptual approach, combining a close analysis of usul al-fiqh, fiqh, and hadith sources with insights from the philosophy-of-language literature on vagueness. The findings show that stability at the stage of promulgation is not incompatible with change at the stage of actualization, because a ruling becomes operative only when its subject is instantiated together with relevant customary qualifiers, temporal–spatial conditions, and incidental attributes. Building on this, the paper’s two-tier framework systematizes the network of factors that govern operativity—secondary considerations, pragmatic conflict (tazāhum), subject change, custom, time and place, governmental rulings, and maqāṣid—and it prevents conflating concept and instance. The paper’s contribution is to link the promulgation/actualization distinction to a theory of vagueness, and to derive legal implications for legislation, adjudication, and regulation. This framework, in turn, supports dynamic ijtihād and more robust legal decision-making. https://clk.journals.pnu.ac.ir/article_13065.html The emerging paradigm of the "Internet of Things" (IoT), by ‎establishing an integrated network of physical objects equipped with ‎advanced sensors, data processors, and communication ‎infrastructures, has fundamentally dissolved the boundaries between ‎the physical and digital environments, thereby generating data of ‎unprecedented volume, variety, and velocity, commonly referred to ‎as "big data." This study, focusing on an analysis of the supportive ‎frameworks of intellectual property law within the IoT ecosystem, ‎seeks to investigate the central question of how a legal status for the ‎protection of big data generated in this domain can be defined within ‎the confines of the intellectual property system. Adopting a ‎descriptive-analytical approach and evaluating the capacities of ‎classical intellectual property institutions—including copyright, the ‎patent system, and the protection of trade secrets—this article argues ‎that these mechanisms cover only limited facets of the complex ‎reality of the IoT and face fundamental substantive challenges when ‎confronted with the unique nature of big data, particularly its lack of ‎originality for copyright, absence of a novelty requirement for ‎patentability, and the difficulties in fulfilling the condition of ‎confidentiality for trade secrets. The findings of this research indicate ‎that the inherent inadequacy of these legal institutions in adapting to ‎the intrinsic characteristics of big data inevitably compels legislators ‎and jurists to create independent theoretical frameworks and design ‎novel protective mechanisms capable of providing a fitting response ‎to the unprecedented legal questions of this field.‎ https://clk.journals.pnu.ac.ir/article_9705.html This article examines a special form of contract in which one party has a superior or exclusive power that prepares and imposes the terms and conditions of the contract on the other party. Without having the right to negotiate and discuss, he is forced to accept and It is annexed to it. The present study investigates the protection of the weak party in the imposed contracts in the laws of Iran and Egypt using a comparative analytical method. The findings show that the Egyptian legislature has intervened in the imposed contracts that are described as unfair and unjust, in order to protect the weaker party of the contract. Modification of the contract, removal of unfair terms, and interpretation of the contract in favor of the injured party are foreseen in Egyptian law. In Iranian law, this issue has not been explicitly addressed despite the existence of jurisprudential and legal capacities. Despite this, in approving new laws, the legislator has shown his desire to protect the weaker party, which is mainly the consumption of certain goods and services. Also, it is possible to modify the contract according to the jurisprudential rules of harmlessness and negation of harm, although the judicial procedure tends more towards the stabilization of the contract, according to the principle of the sovereignty of contracts, and finally it tends to terminate the contract. https://clk.journals.pnu.ac.ir/article_10472.html قانونگذار تعیین داوری در قرارداد پیش‌فروش ساختمان را از شرایط لازم دانسته است، تا به اختلافات احتمالی از این طریق رسیدگی گردد. گرچه این داوری مشمول عمومات داوری اختیاری است لکن اجباری بودن آن موجب ابهاماتی در موضوع نظارت بر رای داوری صادره شده است؛ نظارت بر رای داوری با اعتراض بدان محقق می‌شود، دادگاه صالح برای این امر، دادگاه محل وقوع ملک است و مهلت اعتراض و جهات اعتراض نیز اصولاً تابع داوری موضوع قانون آیین دادرسی مدنی است لکن به عنوان موضوعات خاص این نوع داوری در صورت عارض شدن فوت یا حجر هر کدام از طرفین قرارداد، بر مبنای اجباری بودن و فلسفه اهمیت داوری در قانونگذاری، دادگاه ابتدا باید وراث یا نماینده قانونی طرف مزبور را ملزم به معرفی داور اختصاصی نماید و داور مشترک نیز با توافق مجدد انتخاب یا ابقاء گردد. عارض شدن فوت یا حجر بر داوران نیز به همین ترتیب است. تغییر داور اختصاصی تعیین شده حین قرارداد، مشروط به تعیین جانشین توسط هر کدام از طرفین قرارداد امکانپذیر است لکن تغییر داور مشترک منوط به توافق طرفین است. چنانچه ساختمان پیش‌فروش شده و یا ثمن آن از اموال دولتی یا عمومی باشد، داوری راجع به آن مشمول نظارت استصوابی هیأت وزیران و حسب مورد نظارت اطلاعی یا استصوابی مجلس است. نظارت بر رأی این داوری در مرحله اجرا نیز بر اساس عمومات داوری اختیاری است. https://clk.journals.pnu.ac.ir/article_11565.html https://clk.journals.pnu.ac.ir/article_11583.html Check it outMaintenance, proportionality, and basic obligations include fairness and justice in common matters, including the determination of sanctions in the opinion of criminals, and the goal is to apply a balance of sanctions in the direction of a crime whose crime is depicted as the mediation of another criminal. On the basis of the principle of proportionality, justice and fairness, it is necessary that a criminal be accused only of being punished for a crime committed on the basis of the severity of the crime and being placed in the same suit, being placed as a criminal, conditions for the crime and other things, a case and a different form of action, and between the crime and the punishments. hamhangi and equivalent to the existence of dard. In this case, the judiciary differs in a different judicial system in order to determine the existence of a kaifir in which there is a whole mitwan in which the judiciary is defined as a specific kifardhi, a specific kifardi, Keywords are obligatory and keywords are mandatory. I am dependent on you, as there are many advantages and disadvantages to it. On the basis of the balance of the choices of judicial status and the balance of the importance of the validity of the issues in each case, the severity of the situation is different. In Iran's legal system, the balance of the Zianbar factor and the amount of physics, two important factors of the Peshbini factor, the severity of the https://clk.journals.pnu.ac.ir/article_11844.html According to the Municipality Law, some authorities have been established to handle disputes in the field of construction. Among these authorities are the article 100 commission and the article 99 commission of the Municipality Law. Criticism of some regulations regarding the composition of the procedure for the examination of these authorities and also the supervision of their decisions is an essential issue. the purpose of the article is to provide an analytical and critical look at the procedure for the examination, the competence and composition of the aforementioned authorities, and especially the ability to supervise the issued opinions and the regulations related to them as one of the important issues in the decisions of these authorities. are the opinions of these authorities subject to supervision? Is the supervision of these opinions substantive or formal? the research method is a library method that, after stating the existing laws and regulations, analyzes the issue by referring to legal sources and principles of procedure, and answers the questions raised and the existing deficiencies, and in the meantime, appropriate suggestions are provided. in short, the absence of the owner and the inability to take initial action in referring to the commission after the obstruction of municipal officials, and some defects in the wording of the law. on the other hand, although the ability to monitor the opinions of the article 100 commission of the aforementioned authorities is foreseen, it faces some problems in terms of the composition and type of supervisory authority. . https://clk.journals.pnu.ac.ir/article_12482.html One of the important issues with specific rulings in a sale contract is Waste in Law. Waste in Law generally refers to a situation in which the property itself still exists but the possibility of its return, practically and in a real and genuine manner, does not exist. Legal and jurisprudential approaches to Waste in Law and the effects of its occurrence in a sale contract are not necessarily the same, and given the importance of the discussion and the necessity of addressing the differences of opinion that exist around this topic, the present article is dedicated to discussing Waste in Law and the effects of its occurrence in a sale contract. The result is that, in general, Waste in Law has been used in jurisprudential and legal statements in three concepts: loss of sovereignty, prohibition of transfer and customary opposition, but it seems that a more logical approach is to discuss the rules, regulations and effects of Waste in Law under the same first heading, namely loss of sovereignty. Keywords: Inability to perform the Contract, Waste, Waste in Law, Impossibility of Return, Contract of Sale, Loss of Sovereignty. https://clk.journals.pnu.ac.ir/article_12487.html the modernization of the Islamic endowment (waqf) through the use of emerging technologies, known as “Smart Waqf,” has become a significant topic in contemporary legal and religious studies. This research explores the jurisprudential and legal dimensions of Smart Waqf, analyzing its foundations in Islamic law and its compatibility with modern legal systems, particularly in Iran. By employing technologies such as block chain and smart contracts, Smart Waqf can enhance transparency, efficiency, and accountability in managing endowed assets. Methodologically, this study adopts a descriptive-analytical approach, combining the study of classical Islamic jurisprudence with contemporary legal frameworks and technological applications. The findings suggest that while Smart Waqf offers promising opportunities for revitalizing the traditional institution of waqf, several jurisprudential and legal challenges must be addressed, including compliance with Islamic principles of ownership, public benefit, and the prohibition of harm (la darar). Ultimately, this study argues that integrating modern technologies within the waqf framework can provide a practical model for modernizing religious and social institutions, provided that appropriate legal reforms and jurisprudential adaptations are implemented. https://clk.journals.pnu.ac.ir/article_12657.html Although Article 4 of the Constitution mandates that all laws must comply with Islamic principles, the present study argues that despite the close connection between these two systems (Imami jurisprudence and positive law), their practical interaction has faced obstacles and challenges within the country's legal framework. This research employs a descriptive-analytical method and, by drawing on jurisprudential, legal, and legislative sources, identifies and analyzes five major challenges. The first challenge lies in the differing logics of legislation: while jurisprudence relies on religious texts and otherworldly objectives, modern law is founded on rational customs. The second challenge stems from the dominance of individual-oriented jurisprudence over institutional jurisprudence, which has rendered traditional jurisprudence inadequate for designing social systems. The third issue concerns the incongruity in legitimacy criteria—jurisprudence bases its legitimacy on jurists' interpretations of sacred sources (primarily the Quran and Sunnah), whereas modern law grounds its legitimacy in collective will. The fourth challenge pertains to implementation difficulties, as varying interpretations in referencing jurisprudence may lead to conflicting judicial rulings, thereby reducing the efficiency of the legal system. Finally, the conflict between certain jurisprudential rulings and international human rights standards and treaties may create complications in the interaction between jurisprudence and law. The findings of this study suggest that mitigating these challenges requires the development of dynamic and institutional jurisprudence, flexibility in deriving legal rulings, and the integration of rationality with jurisprudential foundations. https://clk.journals.pnu.ac.ir/article_12830.html The term "Gharar" means that due to ambiguity in a transaction, one of the contracting parties is exposed to an irreversible loss. The effect of the principle of "Negation of Gharar" is the invalidity of contracts involving Gharar. However, regarding to apply the principle of “Negation of Gharar” to ambiguous conditions within a contract, two perspectives can be proposed. On one hand, a condition does not have an independent contractual nature, hence the Prophet's prohibition of Gharar does not apply to this category. On the other hand, a condition, is like a contract, a form of obligation, that is carried out within the framework of independent contracts; thus, it is debatable.The findings of this research, which is library-based and conducted through an analytical method, showed that since, firstly, a condition is tied to “price and the object” of the contract and is considered part of the consideration, it has financial value; especially those conditions that represent the basic purpose of the individuals entering into the transaction. Therefore, an ambiguous condition within a contract, under the application of the principle of “Negation of Gharar”, is invalid. This conclusion could serve to address the gaps present in the Civil Code . https://clk.journals.pnu.ac.ir/article_12831.html The rapid growth of the use of artificial intelligence (AI) in the legal and judicial fields has presented legal systems with the challenge of utilizing this technology while simultaneously ensuring the rights of individuals. The criminal justice system, as one of the sensitive areas, requires a balance between technological innovations and observance of human rights principles. This study, using a descriptive-analytical method, seeks to answer the question of what challenges exist in order to balance technology and human rights to achieve justice in the criminal field. The findings show that the use of artificial intelligence systems, as a symbol of innovation and efficiency, requires maintaining a balance between reliance on algorithmic data and observance of transparency, human oversight, and human rights principles. In Iran, documents such as the National Document on Artificial Intelligence (approved in 1403), the Seventh Development Plan Law (approved in 1403), the Executive Regulation on the Use of New Technologies in Judicial Processes (approved in 1404), and the Guidelines for Smartening and Electronicizing Judicial Processes and Cases (approved in 1403) provide a framework for the responsible use of AI. However, the lack of precise enforcement mechanisms and transparency standards increases the risk of violations of fundamental rights such as privacy, the principle of innocence, and the prohibition of discrimination. https://clk.journals.pnu.ac.ir/article_12832.html People with disabilities face many challenges throughout their lives. Considering these challenges and with the aim of providing, encouraging and facilitating the implementation of the fundamental rights of these people, the European Commission approved the European Union strategy on the rights of people with disabilities in March 2021. The possibility of access of people with disabilities to justice and fair trial and the challenges in this field have led to widespread concerns by human rights activists. The present article examines the strategy of the European Union with a critical approach and using the analytical-descriptive method, in order to determine whether, considering the existence of general and structural flaws in the text of the strategy, the European Commission has been able to address the various dimensions of the legal challenges in Pay attention to the access to justice for people with disabilities. It seems that the commission has not been very successful in this field and the strategy regulations in the field of access to justice and fair trial are not able to deal with the challenges in this field. https://clk.journals.pnu.ac.ir/article_12834.html In dealing with the arbitration clause or agreement in the contract .the courts in the legal systems choose different approaches regarding the determining of jurisdiction.Although in most of the countries. if there is an arbitration agreement , the courts refuse to hear the case but this refusal of the courts to hear the case does not happen uniformly. however , the adoption of the decision - making method can have certain legal and judicial consequences on fair proceedings and arbitration. On the other hand, not only the adoption of the correct decision can prevent the postponement of the proceedings.but it can also prevent the conflict of judicial and arbitration jurisdiction or prevent procrastination of proceedings , and the issuance of these orders can prevent the realization of the conflict between jurisdiction and arbitration . in the English case law , courts issues stay of proceeding or Anti – suit injunction according to circumstance . Iran's law has not provided a special text regarding the above orders in the law , therefore , different approaches have been adopted in the judicial procedure and the courts issue orders to reject the lawsuit , not to hear the lawsuit , and lack jurisdiction. In this article, we examine the issuance of orders for the stay of proceedings and the Anti – suit injunction and the possibility of issuing these orders in Iranian law, and finally , with an analytical - descriptive method and a comparative approach , based on legal principles and standards https://clk.journals.pnu.ac.ir/article_12839.html The purpose of this research is to answer the question that what are the examples of civil liability of electricity supplier institutions in the distribution phase in the legal system of Iran and America and what effects does it have? It is trying to use the qualitative method based on collecting information from library sources (documents) and analytical-descriptive method, in the form of conducting a comparative study, to find some examples that can create responsibility for electricity supply institutions in the two legal systems of Iran and the United States. to examine the civil liability against the consumers or subscribers of electricity and explain the effects governing the fulfillment of this responsibility, which is compensation for financial and physical damages.The findings of this study indicate that the responsibility is caused by "neglect and failure in preventive measures and security measures", "lack of care and maintenance of facilities", "fire in equipment and power transmission and distribution lines", "reduction of the voltage of the incoming electricity to Consumer meter (underselling)" is one of the examples of the civil responsibility of the supplier institutions in the distribution stage in Iranian and American law. Acknowledging this responsibility results in effects, the main of which is compensation. In order to compensate the losses of subscribers and electricity consumers, in America, there are mechanisms under the title of "compliance with defined standards and consequently improving quality", "service guarantee" and "compensation payment", but in Iran's legal system, only " Payment of compensation" is considered. https://clk.journals.pnu.ac.ir/article_13066.html One of the basic and important principles that is proposed as a prerequisite for the intellectual property system and determines the geographical scope of protection and validity of intellectual property is the “territorial principle” of intellectual property, in the era of economic globalization and cross-border transactions, it has become an obstacle to the effective enforcement of judgments. The present study shows that giving primacy to the territorial principle creates several practical challenges. These challenges include a significant increase in litigation and enforcement costs, restrictions on the recognition and enforcement of foreign court decisions, difficulties in identifying, assessing and valuing intellectual property internationally, creating legal uncertainty and the possibility of abuse of reiteration in different countries. As a result, a platform is provided for widespread violations of judgments and a reduction in the efficiency of the dispute resolution system. However, since territoriality is an integral part of the current nature of intellectual property rights, the sustainable solution is not to completely eliminate it. Instead, the solution proposed in this article is to adopt a contractual and preventive approach. Accordingly, parties to international intellectual property agreements should review the structure of these agreements, explicitly consider the implications of the territorial principle in future disputes, which is discussed in this article, and include appropriate enforcement guarantees and dispute resolution mechanisms with a preventive nature in the text of the agreements to prevent the occurrence of damage resulting from these challenges. https://clk.journals.pnu.ac.ir/article_13067.html The spread of environmental hazards and damages and the inefficiency of the fault-based civil liability system in preventing and compensating such damages on the one hand and the non-mandatory nature of the general rules of civil responsibility regarding the person responsible for compensation and the conditions for claiming damages, on the other hand, leads us to agreements such as indemnity clauses that through them, it is possible to predict the responsibility of the parties to the contract and impose the responsibility of compensation on the shoulders of the party that has more control and ability to prevent the occurrence of damage and compensate for the damage and so, accelerated and facilitated more in compensating damages that occur during the execution of the contract or as a result of it. In this analytical research, we are trying to assess the feasibility and how to agree on the terms of indemnity clause against environmental damages. Considering the validity of the terms of indemnity clause in Iran's legal system and the variety of types of these terms, the type of indemnifier’s obligation based on the final acceptance of the burden of compensation for damages and indemnified exemption from proving the causal relationship between the act of indemnifier and the occurrence of damages. Agreement on indemnity clause along with the precise determination of the environmental risks included in the clause and the sanctions of its violation can be a suitable solution to reduce the uncompensated losses on the environment. https://clk.journals.pnu.ac.ir/article_13068.html Multimodal transportation requires Appyling at least two or more different modes of transport. The liability of carrier can be fixed (which is called the Uniform System) or to be considered fixed after determining where the damage had occurred (which is called the Network System). Despite the growing global multimodal carriage of goods, this area suffers from a lack of a binding international document. In the law of carriage of goods, there are only two Geneva Conventions of 1980 and Rotterdam 2009, as well as UNCTAD/ICC 1992 regulations, which have taken into account the multimodal carriage of goods in particular, and a comparative study of these documents, especially on the liability of carriers and their factors and the type of liability system, whether network or uniform, will help stakeholders in transportation industry greatly. Rotterdam Rules has predicted Hypothetical Contract in Article 26, so it has presented a better solution in comparison with other international instruments.