Iranian Law Research Articles

Forgiveness as a technology of the state

Forgiveness as a technology of the state

Industry-University Relationship; An Analysis of Policy-Instruments in Iranian Laws and Regulations

Even though many efforts have been made to promote the relationship between industry and university in Iran, a proper systematic relationship between them has not yet been established. This paper seeks to study and examine the status of policy instruments effective in promoting the relationship between industry and university in Iran. To do so the provisions of five laws and regulations were examined and 41 legal articles were reviewed. The results of the analysis show that about 86% of the laws and regulations are only indirectly related or just have a capacity to promote the industry-university relations.

Right to be heard by children in Custody Evaluation institution in the Iranian legal system

Advances in the humanities have led to a shift in attitudes toward children and the issuance of the Convention on the Rights of the Child (1989. Social activists to reduce the negative consequences of divorce on children and their better adjustment after their parental divorce, have been wanted to change family law to provide children's participation in any judicial proceedings (such as custody and access disputes) to express their views about decisions affecting their lives and well-being. In this article we analyses with content method, Iranian family law statement, to extract capacity of children's legal right to decision- making in custody disputes. The findings show, three dimensions of approach in children's right and participation are identified: rights approach, best interests approach and mixed approach .The rights approach focuses on fundamentally rights such as: equality, dignity thus emphasis on the right of the child to be heard .the second approach seem to have negative views about children's right to participation because involving children in parental fighting, are very harmful. While the third approach states, it is necessary children's voice to be heard, as the same time emphasis on child protection. The paper notes, that under Iranian law, children's views are sometimes absent in decision- making particularly in custody litigation.

Legal and contractual transfer of property to an adopted child under US law (with a view to Iranian law)

The custody of children and adolescents without a guardian and with a bad guardian in Iranian law ‎has many similarities to the institution of adoption in American law, with the fundamental difference ‎that custody in Iranian law does not result in a real parent-child relationship between the guardian ‎and the adopted child, and just has been resulted to some rights and duties. This legal relationship ‎will have financial and non-financial effects on the relationship between the parties, one of the most ‎important financial effects has always been the possibility of inheritance between them or bequest of ‎property for each other.‎The present study, focusing on American law and jurisprudence in this country, has tried to study the ‎various hypotheses of inheritance between the adopted child and the guardian, the adopted child and ‎the guardian relatives, and the adopted child and his / her real parents, as well as the possibility of ‎citation. Examine the will concluded in favor of the adopted child, assuming the conclusion of a ‎direct will by the guardian or an indirect will by the relatives of the guardian; In this regard, there has ‎been a look at Iranian law and codified laws in this regard.‎

The Place of Interest in Convention on the Rights of the Child and the Family Law of Iran

According to the explicit provisions of the Convention on the Rights of the Child 1989 (CRC) and the Family Protection Act of 1391, the best interests of children are at the top of all affairs. But Using expediency means exercising taste or view without Assessment case in the laws and decisions will shake of expediency.The child interest in CRC has elements Including communication with parents, attention to comments and views, Identity, Health, safety, Education and in each case, must be examined to achieve the highest child benefits. Therefore, the examination of these elements is necessary even in the same subjects due to the difference in children's conditions in judicial process. In the present article, by descriptive analytical method , an attempt has been made to explain the elements of Interests in the CRC and its application to the laws of the Iranian family, to greatly reduce the ambiguities in it and to clarify its main place, Iran's laws have explicitly introduced the family court and judges as the competent authorities. But, while confirming, CRC take into account the specialisation in the children's affairs, the Adequate facilities and providing the expert opinion to the judges as necessary factors to achieve the best interests. Therefore, attention, recognize and prioritize the elements of interest mentioned in the Convention on the Rights of the Child will largely prevent the adoption of personal interpretations of decisions related to children in Iranian courts and will provide the highest levels of child protection and care.

Good Faith Principle in Contract Law: A Comparative Study under Sharīʿah, Islamic Law Jurisdictions with Emphasis on Iranian Law

Abstract Unlike civil law jurisdictions, the good faith principle in Islamic law is a notion not directly discussed, the foundations of which this article seeks to root out through an analysis of related, but distinct, Islamic law doctrines. As such, since Islamic law is a significant source of codification and adjudication in many Islamic countries, the perspective of some MENA countries as well as Iran towards good faith is also explored. In practice, courts and tribunals could invoke the good faith principle where Islamic law or Islamic-based laws govern the contractual relationships. This article contends that good faith permeates every sphere of a contractual relationship, particularly negotiation under Islamic law.

The Right to be Represented in Court by a Lawyer to the Judiciary in the Iranian Law and Supranational Trial

Advocacy is one of the most sensitive and momentous jobs in society. Due to the complexity of legal issues and the lack of complete knowledge of the community about the law, having the right to be represented in court by a lawyer is one of the inalienable rights of individuals in a community. The lack of support for lawyers may reduce the desire of talented people to practice law and on the other hand, the lack of administrative power to prevent any breach of duties by lawyers endangers the rights of individuals in society. For this reason, the Legislature of Iran has enacted laws associated with these protections, duties, and administrative power, and some duties are provided for lawyers by the principles of supranational trial. These are moral, scientific, and practical duties. In this article, we examine this in Iranian law and the principles of supranational trial.

The Right to be Represented in Court by a Lawyer to the Judiciary in the Iranian LAW and Supranational Trial

Advocacy is one of the most sensitive and momentous jobs in society. Due to the complexity of legal issues and the lack of complete knowledge of the community about the law, having the right to be represented in court by a lawyer is one of the inalienable rights of individuals in a community. The lack of support for lawyers may reduce the desire of talented people to practice law and on the other hand, the lack of administrative power to prevent any breach of duties by lawyers endangers the rights of individuals in society. For this reason, the Legislature of Iran has enacted laws associated with these protections, duties, and administrative power, and some duties are provided for lawyers by the principles of supranational trial. These are moral, scientific, and practical duties. In this article, we examine this in Iranian law and the principles of supranational trial.

عقد النكاح بوسائل الاتصال الحديثة – دراسة مقارنة بين النظريات الفقهية وقانون الأحوال الشخصية الإيراني –

النكاح بوسائل الاتصال الحديثة هو عبارة عن النكاح الذي يتم التواصل فيه بين أطراف العقد عبر الشبكة العنكبوتية، وتنحصر وسائله بين الاتصال بالكتابة أو بالمشافهة أو بالمشاهدة، وهذا العقد من النوازل المستجدة في باب الأحوال الشخصية، وقد اتبع البحث في سبيل الوصول إلى حكم عقد النكاح بهذه الوسائل منهج التكييف الفقهي بعرض أقوال المذاهب الفقهية الأربعة ومذهب الإمامية، والمنهج الوصفي التحليلي المقارن بذكر الأقوال وتحليلها والمقارنة بينها ومناقشتها ثم الترجيح، ثم ذكر المواد ذات الصلة في قانون الأحوال الشخصية الإيراني، وقد انتهى البحث إلى مجموعة من النتائج أهمها أن النكاح عن طريق وسائل الاتصال المكتوبة أو المسموعة أو المرئية جائز لا يختلف في صحته عن عقد النكاح المباشر والتقليدي، وأن جميع شروط عقد الزواج المنصوص عليها في القانون الإيراني ليست معارضة لعقد النكاح عبر وسائل الاتصال الحديثة، لأن الاختلاف فقط في استخدام وسائل الاتصال الحديثة التي يمكن استيفاء جميع أركان وشروط النكاح عن طريقها، وعليه يمكن تعديل المواد القانونية المتعلقة بهذه المسألة في قانون الأحوال الشخصية الإيرانية، وقد أوصى البحث بتعديل المادة 1062 من القانون المدني الإيراني لتشمل على النكاح بوسائل الاتصال الحديثة، وأن يتم استحداث تطبيق إلكتروني لهذا الغرض، وقد وضع البحث الأساسيات التي يقوم عليها التطبيق كبيان نطاق استخدامه ومواصفاته وغيرها من الأمور المتعلقة به.

Restriction of Private Ownership on Cultural-historical Property based on the Public Interest in Iranian Law

Restriction of Private Ownership on Cultural-historical Property based on the Public Interest in Iranian Law

Civil Liability for the Transmission of the Contagious Disease of the Couple to the Fetus (Supervising Article 23 of the Family Protection Law in Iran)

According to the note of Article 23 of the Family Protection Law approved in 2012, in situations where the contagious and dangerous disease of the couple leads to harm to the fetus, medical and educational care and supervision should lead to the prohibition of generation. The legislative reason for care and supervision and consequently the prohibition of procreation is the threats and dangers that infectious and dangerous diseases pose to the couple and the health of the fetus and society and can violate the right of fetal health and in some cases the right of community health. Given the importance of this issue, it is possible to identify and consider civil liability for the offender. However, preventive and educational and cultural measures related to the risks of infectious and dangerous diseases for the individual and society should be given priority in legislation, planning and implementation.

Priority of tenant's goodwill over eviction in Iranian, Islamic and French law

In accordance with the law of landlord and tenant relations approved in 1997, when the lease term expires, the tenant receives the goodwill right to discharge and the landlord is required to pay the goodwill. But the law does not explicitly specify which of these assignments is prior to the other.The prioritization of goodwill towards discharging is a problem that will affect the tenant's capital to sustain the acquisition of a new location.There is a controversy among lawyers in response to the question. Some property evacuation is subject to a goodwill replacement, while another group considers the need to discharge before receiving this amount. In this descriptive and interpretive essay, in addition to explaining various views on the issue in Iranian law, this article attempts to explain the idea that goodwill is preceded by eviction and is ultimately strengthened by the study of Islamic and French law. This will help resolve the ambiguity that the courts have in this regard.

Investigating the non-performing loans of banks and comparing it with some countries (with Emphasizing on the interest-free banking law in Iran)

Investigating the non-performing loans of banks and comparing it with some countries (with Emphasizing on the interest-free banking law in Iran)

Proposing an Effective Model for Improving Integration the Medical Education System with Health Services at Iran's Ministry of Health and Medical Education

Background: In Iran, the medical education system was integrated with the healthcare provision system in 1985 and finally, it led to the creation of a new ministry titled �Ministry of Health and Medical Education�. Regarding this integration has created some problems, the current study intended to provide an effective pattern for improvement of this integration. Methods: The present study is both fundamental and applied in terms of objective. The statistical population of the client study included all of the managers, faculty members and experts in the universities of medical sciences in Khuzestan Province, in southwestern Iran, who were chosen by the use of full census sampling. Finally, 103 people filled in the questionnaires. The data collection instrument was a researcher-devised questionnaire. The data analysis was done by SPSS Ver.24, the descriptive statistics (percentage, mean, and standard deviation), and the inferential statistics (Pearson Correlation Test). Results: In order to increase the effectiveness of this integration, four scenarios were suggested among which, finally �the separation of the medical education from the medical sciences universities and placing under direct supervision of the Minister of Health and Medical Education� with 3.84 (based on a maximum score of 4) achieved the highest score. Based on this score, a model based on the upstream laws of Iran was designed and suggested and in each province, instead of having a unit and independent institution under the title of the university of medical sciences and healthcare services, two separate institutions as �The Provincial University of Medical Sciences� and �The Provincial Health Service Organization� would be created and would work under the supervision of Minister of Health and Medical Education. Conclusion: The results of this study showed that medical education in the health ministry supervised universities is affected by the discussions of the provision of the health and medical care provision. Therefore, to realize it and improve the educational tasks, production of knowledge, and conducting of research in the universities, and protecting it from other departments, an effective pattern has been suggested.

Analyzing the Challenges of Female Audience Participation in Iranian Stadiums

Background and Aim: The purpose of this article is to examine the barriers and challenges for female spectators in Iranian stadiums and to provide facilitating strategies. Methods: This study is a cross-sectional study with an overview of the prevailing conditions of society as well as reviewing Iranian law and referring to sports legal and legal texts. The researcher examines the fatwas of Shia authorities and the historical background of Iranian sports from 1970 to 2019, and the presence of women in stadiums in the past, and examines the conditions for collecting relevant material in this field. Results: Women were free to attend Iranian stadiums in the pre-revolutionary years, and Iranian women could freely watch national and club games, but in the post-revolutionary years, in line with the Islamic Republic's policies on the separation of women and men and the views of authorities. Shi'a imitation and religious rulings and religious issues were limited. As part of the country's overall policies on women, sport was also affected by these policies, and it seems that removing these barriers should be seen in a broader theoretical framework. Conclusion: By examining the current state of the country and examining Iranian law and referring to Iranian history from 1970 to 2019, the researcher has concluded that we do not have a law prohibiting women from entering the stadium, which is a public place. They are there to watch the matches and cheer on their favorite teamn

Should Iran join the United Nations Convention on Contracts for the International Sale of Goods?

Abstract After 40 years of the United Nations Convention on Contracts for the International Sale of Goods (CISG), it is still controversial whether the CISG has been a successful uniform law in practice. It is, nevertheless, evident that the number of ratifications of the CISG has been increasing. This article aims to highlight the important question of whether Iran should implement the CISG. In addition, it argues that irrespective of the possible ratification of the CISG, the Iranian contract law needs to be modernized. In particular, advantages and disadvantages of the possible adoption of the CISG in Iran are explored. This article argues that acceding to the CISG will provide Iran with a number of opportunities, including the promotion of international trade with its trading partners. In proposing a model for the modernization of the Iranian Civil Code (CCI), the author, however, argues that the CISG is not the best option. Instead, the Unidroit Principles of International Commercial Contracts (PICC) is the most appropriate model for reforming the Iranian contract law. This article concludes by suggesting that the combination of the CISG and the PICC is the best way forward for the Iranian legal system.

Intellectual Property in Magic: Studying the U.S and Iranian Laws Considering the Imami Jurisprudence

Magicians are able to entertain spectators by using tricks. Creating such tricks, sometimes requires spending a lot of time and money by magicians which makes this group expect protecting their intellectual endeavor and preventing their imitation and unauthorized exploitation. The advent of digital technology, with the ability of mass and rapid copying and dissemination of the tricks, has doubled the necessity of this protection. This paper, written through descriptive analytical method, has concluded that in the Iranian law and the U.S law, granting intellectual property rights in the form of copyright, patent, trademark and trade secrets to the magicians is a probable solution to protect this group who need serious prtection, each having advantages and disadvantages. As an alternative solution, self-regulating rules of magicians' unions may provide a relative protection for this group. In Imami jurisprudence, there is no obstacle to the legitimacy and consequently, the protection of magic tricks.

Civil liability caused by damage to personality; A comparative study in Imamiyeh jurisprudence, Iran and English law

Although the human personality and dignity are respected in all legal systems and under certain conditions, a criminal liability has been determined for damaging it, civil liability caused by to personality has been considered less, especially in our legal system. On this basis, the main issue in this article is studying the institution of civil liability, its conditions and criteria and methods of compensation in Iran jurisprudence and law and its comparison with the English legal system. The research method is descriptive-analytical and comparative. Civil liability caused by to personality is studied under the general heading of in Imamiyeh jurisprudence and Iran law, and under the heading of in English law. The criteria for defamation in English law is lowering the reputation from a right-thinking member view of society and the criteria for desecration in Iran law and Imamiyeh jurisprudence is damage to the personality. The conditions of liability are different in these systems based on these two criteria. In English law, unlike Iran law, compensation for defamation is usually financial, the amount of which is determined by the court.

Investigating the effects of energy price index on technical environmental efficiency in Iran

This study investigates the effects of increasing real energy prices on technical environmental efficiency in Iran using a directional distance function. To achieve this purpose, six variables are used, namely labor, capital stock, energy consumption, real energy price, industrial value added, and environmental cost index, for the period 2009–2015. Moreover, two indexes for industrial environmental cost and real energy price are introduced. The environmental cost index is derived from the pollution cost of six types of emissions (NOx, SO2, CO2, CO, CH4, SPM) produced by 23 industries. The results show that the real energy price and distance function have an inverse relationship. Specifically, higher real energy prices cause industries to move toward using more energy-efficient technologies and more technical environmental efficiency. This study is one of the few studies that have evaluated the environmental effects of targeted subsidy law or energy price liberalization in Iran and demonstrates that an increase in real energy prices would lead to improved environmental technical efficiency.

Fraud Analysis in Iran and Egypt Law

Fraud is one of the most common crimes in most countries (including Iran and Egypt), the cause of which can be mainly found in the economic motives of the perpetrator which in addition to harm to the victim, society is not immune from harm and for this reason, the Iranian legislature in Article 109 of the Islamic Penal Code adopted in 2013 has explicitly classified fraud as an economic crime. The swindler has deceptive language tools, regardless of fraudulent means. Interestingly, the components and characteristics of a fraudulent personal behavior from the perspective of linguistics are the observance of the principle of etiquette, not insistence on persuading the other party and the appropriate physical context. This crime is considered as (white collar crimes). Fraud is similar to misappropriation of property other than theft and betrayal of a trust, but it has special characteristics which distinguishes it from the above-mentioned crimes, including the use of fraudulent means, deception of property, and the surrender of property by her to the fraudster, is a special feature of fraud that there is not in other crimes. In this study, we will comparatively study the crime of fraud in the law of Iran and Egypt, and in particular, we will examine the indirect fraud and fraudulent study of services in the law of these two countries.