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    پژوهشنامه حقوق خصوصی احرار


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    • Open Access Article

      1 - Principle of good faith in civil proceedings (in the light of judicial procedure)
      Arman Yaghobi Moghadam Kourosh Delpasand
      Iss. 4 , Vol. 2 , Autumn_Winter 2021
      In Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation sta More
      In Iran, the principle of good faith, both in substantive and formal law, has not been properly addressed by the legislature, and the doctrine has examined it only in the context of civil law. In litigation, it is important to examine the principle at the litigation stage and the procedure. In this study, I will write about the legal status of good faith in the trial in different figures of the good faith of the litigants, the respondent judge, witness and attracting third parties related to the lawsuit and etc. Manuscript profile

    • Open Access Article

      2 - The Impact of the Global Outbreak of Coronavirus on the spread of Concluding Cyber Arbitration Agreements and clauses and the Performance of the Obligations arising from them
      reza shahidi sadeghi ashraf janati
      Iss. 4 , Vol. 2 , Autumn_Winter 2021
      Arbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relativ More
      Arbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relative reduction of dispute resolution costs, including related issues, the issue of concluding an agreement and the clause of virtual arbitration and how to performance its obligations in this space. Due to the challenges in the process of concluding traditional arbitration agreements so far, and especially with the widespread outbreak of coronary disease (Covid-2019) and the disorder in the arbitration community, it is desirable to conclude arbitration agreements in cyberspace as a non-presence agreement. Has been found to have a significant impact on the order of the world arbitration system and is a good model for improving the process of concluding of dispute resolution agreements, and in particular arbitration agreements or clauses. Advances in the field of cyberspace technology and creating a fundamental change in the field of international trade law, in particular, increasing the facility and speed of disputing traders in concluding an arbitration agreement in cyberspace and performance the obligations arising from it, the purpose of writing this article is descriptive-analytical Is written. Despite this dangerous disease and as a result, serious challenges in the effective face-to-face interaction of the parties involved in arbitration, concluding an arbitration agreement and arbitration clause in cyberspace and performance its obligations are legally permissible, but due to lack of explicit rules and regulations. In the discussion of domestic arbitrations, the rules and regulations ruling on traditional arbitration will be inforcemented. Manuscript profile

    • Open Access Article

      3 - Moral damage and methods of compensation in the legal system of Iran and Egypt
      ziba mirzaaqazadeh akbar imanpour
      Iss. 4 , Vol. 2 , Autumn_Winter 2021
      One of the important principles that govern human social relations can be referred to the principle of the need to compensate damages to persons by others or the same rule of civil liability, which includes material and moral damages, which in this regard may be valuabl More
      One of the important principles that govern human social relations can be referred to the principle of the need to compensate damages to persons by others or the same rule of civil liability, which includes material and moral damages, which in this regard may be valuable. And spiritual rights are more important than material rights. The present study tries to explain and analyze the status of moral damages in Iran in comparison with the Egyptian civil law as one of the important laws in this field. Moral damage is sporadically mentioned, but no specific legal system can be established for it Manuscript profile

    • Open Access Article

      4 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
      Shaghayegh  Shaghayegh shamsi Abedin momeni
      Iss. 4 , Vol. 2 , Autumn_Winter 2021
      According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation i More
      According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary. Manuscript profile

    • Open Access Article

      5 - Study the methods of compensation for minor damages in Iranian and England Law
      Maryam  Tafazoli Mehrjardi behshid arfania
      Iss. 4 , Vol. 2 , Autumn_Winter 2021
      The purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the inj More
      The purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the injured party is to return him/her to his/her former state. This means that the damage caused should be compensated and restored in a way as if it has not been occurred at all. The minor guardian, like any other civil responsible person, is only liable for the attributable damages resulting from the minor’s act. In the common law system, civil liability arises from the act or omission, which has caused damage to the other, mainly due to the negligence of the perpetrator, and he/she must take action to compensate it. If in order to determine the pattern of care and compliance, the performance of the harmful person is evaluated with the performance of the normal person, which is sometimes related to the action of the harmful person such as probability of loss and probable damage and sometimes related to the injured person. Manuscript profile

    • Open Access Article

      6 - A study about posibility of utilizing the civil liability to seek for the contratual remedies
      milad rohampour Dr. Seyed Ali Jabbar Golbaghi ​​Masouleh
      Iss. 4 , Vol. 2 , Autumn_Winter 2021
      One of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notio More
      One of the important bases to constitute the liability in remedies is the existence of fault at act and omission. in iranian law subject to the regulations, this matter is practically able to consider and related to an act that the fault would be involved in its notion. nevertheless in this matter there is not uniqe idea about bases and quality of fualt among the lawers that tends to contratual or not contarctual liability. on the side of contartual one with attention to code 221 of civil code of iran beaause of lacking clear jurisprudentic history even with definit breach of contract generate the liability and the remedies from it would be payable by causation. it is easier to discover the elements of contractual liability in comparsion with non contractual one and with attention to full compensate of remedies the right to choose between them two seems to be fine. the purpose is that looking for the authority for victim of a damage to choose that what bases noticed a bove is suitable for him. this artice is made by virtue of library searching and related articles. Manuscript profile

    • Open Access Article

      7 - Presenting a model to solve the challenges facing the participation of people and social institutionsIn the fight against environmental crimes
      Hasan Haji tabar Nima Parvaneh Maral Darbandi
      Iss. 4 , Vol. 2 , Autumn_Winter 2021
      Environmental crises are taking on new dimensions every day. Crises related to ozone depletion, nuclear waste storage, industrial and chemical waste management, etc. can be seen around life. Environmental crimes are any type of current or current cracks that cause sever More
      Environmental crises are taking on new dimensions every day. Crises related to ozone depletion, nuclear waste storage, industrial and chemical waste management, etc. can be seen around life. Environmental crimes are any type of current or current cracks that cause severe damage to the environment and endanger human health. Environmental crimes against living components of the environment minus humans include all plant and animal organisms. For this reason, and with the uncontrolled increase of this type of serious environmental damage, it has led to the presentation of a model to combat environmental crimes. The statistical population of this article is about ١٣environmental activists in the country who have been interviewed in the form of an open article and at first the challenges of public participation and comprehensive institutions in the fight against environmental crimes Using factor analysis and pls software to determine the relationship between these factors to confirm, then the relationship of these challenges with environmental crimes in a ranking using the Friedman test and finally A model for influencing environmental crimes is presented with the participation of the public and government institutions. Manuscript profile

    • Open Access Article

      8 - Investigating the conditions of exchange usury and comparing it with dlayed delayed payment compensatin
      Fatemeh   Jameei Hirad Mokhayeri mohsen poormohammad
      Iss. 4 , Vol. 2 , Autumn_Winter 2021
      Transactions in the form of trade in goods have long been common And sometimes in such transactions one of two items of the same type that are of equal weight, On the other hand, it is exchanged in excess on one side and causes the realization of one of the types of usu More
      Transactions in the form of trade in goods have long been common And sometimes in such transactions one of two items of the same type that are of equal weight, On the other hand, it is exchanged in excess on one side and causes the realization of one of the types of usury called "exchange usury".There is also another type of increase in assets in transactions in which one party does not fulfill its obligation on time and as a result causes a loss to the other party and must compensate the damage caused by this delay, which is called "payment delay compensation".Since both of these issues increase the other party's assets,In the present study, while examining the exchange usury, the conditions of its realization and comparing it with the compensation for late payment in these respects, in response to the question that "Is obtaining compensation for late payment one of the examples of usury and is it sanctity or legitimate like exchange usury?"Examining the prohibition of usury and also mentioning the reasons for the legitimacy of late payment damages, we came to the conclusion that although some consider imposing a penalty for late payment as a trick to receive usury.However, several legal articles indicate its acceptance by the legislator, and it is considered legitimate by most jurists for various reasons, and it is not sanctity usury. Manuscript profile
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    • Open Access Article

      1 - Voluntary commitment in Iranian law
      Akbar Imanpour Mehri Masuodi
      Iss. 1 , Vol. 1 , Spring_Summer 2020
      One of the types of obligations that arise from the contract and people commit to it in their contracts is voluntary obligation. Voluntary commitment is a commitment with two or more issues where the implementation of one of the issues is enough to fulfill the promise. More
      One of the types of obligations that arise from the contract and people commit to it in their contracts is voluntary obligation. Voluntary commitment is a commitment with two or more issues where the implementation of one of the issues is enough to fulfill the promise. Like the commitment of someone who has bought a product from a person to check it and decide to buy it or not after checking it. Jurists and jurists have different opinions on the validity and invalidity of such obligations, and the legal regulations do not have the necessary transparency in this matter. Although some people believe that the subjects of voluntary commitment should be equal to each other so as not to affect the validity of the contract. These people believe that voluntary commitment is a commitment to two or more goods with specific characteristics and price, And the selector is also known, and there is no unusual uncertainty. Sometimes, instead of determining the subject of the obligation, rules are determined, in which case the subject of the obligation should not be considered unknown. In fact, by determining the holder of the right to choose, who may be the obligor or obligee, the confusion is eliminated and the grounds for voiding the obligation are eliminated. Some people have the opposite opinion. In this article, the authors try to explain the concept of voluntary obligation, compare it with similar titles and concepts, examine its validity or invalidity in Iranian jurisprudence and law, and provide a suitable solution to those interested. Manuscript profile

    • Open Access Article

      2 - Government's civil and international responsibility for the damages caused by the Internet
      Rasoul Malakooti Mona Khalilzadeh
      Iss. 1 , Vol. 1 , Spring_Summer 2020
      Internet space is a territory in which time and place are meaningless in the conventional sense, so government sovereignty and control are not perfect. However, the government (in a sense) as the sole originator of the international (internet) point of contact in the More
      Internet space is a territory in which time and place are meaningless in the conventional sense, so government sovereignty and control are not perfect. However, the government (in a sense) as the sole originator of the international (internet) point of contact in the country, for the primary oversight of the licensing and provision of Internet services to legal entities such as ISPs or the transfer of sovereignty to some Attendees in cyberspace, including their agents and employees, or duties to ordinary citizens or to certain corporate actions, may have civil liability for damages resulting from the use of the Internet stewardship or retaliation. Also in international crimes that endanger world peace and security, the government will also have international responsibility as a result of acts of harm done personally or by private actors. Cyber-attacks as a Wrongful international act by the government with government bodies have been greatly reduced due to their ability to identify and attribute to the government, and governments are seeking to curb the These nongovernmental actors carry out such attacks in order to avoid responsibility. Manuscript profile

    • Open Access Article

      3 - Civil Liability of Minor Supervisor Against his detrimental Act in Iran and England’s Law
      Maryam  Tafazoli Mehrjardi behshid arfania
      Iss. 1 , Vol. 1 , Spring_Summer 2020
      Minors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their righ More
      Minors cannot manage their affairs personally because of their age or physical disabilities and they need the help of others in the realm of life. The legislator has been supporting them, in addition to the stone that has been prescribed for the protection of their rights and interests, Has designated a person or persons to manage their affairs. The civil liability of the supervisor against a minor is either a law or a fault-based contract and he is held liable if the supervisor declines to keep the money. In the Iranian legal system under Article 1238 Civil Law and Article 7 Civil Liability Law if the supervisor fails to maintain custody and harm the child to others and common law system, it is the responsibility of the superintendent to fulfill the civil responsibility of the child, and he is held responsible for what he has done in the custody of the child. Manuscript profile

    • Open Access Article

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      Iss. 1 , Vol. 1 , Spring_Summer 2020

    • Open Access Article

      5 - Comparative analysis of the delayed payment penalty and Reba
      Babak Mohammad rezapour Faezeh Jahani moghadam
      Iss. 1 , Vol. 1 , Spring_Summer 2020
      In the world of exchanges and international trade which is based on the expansion of the banking system, the delayed payment penalty is accepted as a solution to the depreciation of the currency and also as a condition for the obligation to pay debts from customers in m More
      In the world of exchanges and international trade which is based on the expansion of the banking system, the delayed payment penalty is accepted as a solution to the depreciation of the currency and also as a condition for the obligation to pay debts from customers in most banking systems as well as in various legal rules. But this principle in Islamic countries has sometimes interfered with the concept of Reba, so that some jurists consider it as a Reba and have forbidden it. This principle has been widely debated in our country, but it has been accepted by the legislature as a principle. However, there are still many challenges regarding the legitimacy or lack of legitimacy of the principle of delayed payment penalty in the banking system. In this paper, it is attempted to address the reasons for the legitimacy of the delayed payment penalty in the banking system. Manuscript profile

    • Open Access Article

      6 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
      Shaghayegh  Shaghayegh shamsi Abedin momeni
      Iss. 4 , Vol. 2 , Autumn_Winter 2021
      According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation i More
      According to Article 171 of the Constitution, if a judge causes damage to another as a result of a mistake or fault in a case or in a sentence or in the application of a sentence to a particular case, he is the guarantor in case of fault. Otherwise, the compensation is done by the government. It seems that the principle of government responsibility for the judge's mistake in jurisprudential books was due to the necessity of ijtihad in judges, and jurists based on this condition the verdict issued by the judge was considered his fatwa and they believed that the judge rules by his ijtihad, so they put the responsibility for compensation on the treasury. But the important point is that he should not be granted judicial immunity, because everyone has a responsibility wherever he is, and he should be held accountable for that position and his mistakes, and the judge, like other members of society, is paid for the act of judging and this does not cause the government, which has no worker-employer relationship with the judge, accept compensation for the damages caused by act them. Therefore, the purpose of writing this article is to critique the judicial process in the civil liability of judges and to compensate the damages from the government. The research method in this study is analytical-descriptive and the method of collecting information is library and documentary. Manuscript profile

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      Iss. 2 , Vol. 1 , Autumn_Winter 2021

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    Print ISSN: 2821-2703
    Online ISSN:2821-2703
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    Number of Volumes 2
    Number of Issues 4
    Printed Articles 28
    Number of Authors 47
    Article Views 14524
    Article Downloads 5212
    Number of Submitted Articles 64
    Number of Rejected Articles 0
    Number of Accepted Articles 28
    Acceptance 43 %
    Admission Time(Day) 138
    Reviewer Count 5
    Last Update 12/8/2022