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Open Access Article
1 - Legal Effects of Gamete Transfer Contracts (Egg and Sperm)
seyyedeh maryam asadinejadIssue 8 , Vol. 4 , Autumn_Winter 2024Nowadays, many infertile couples around the world have become parents through assisted reproductive technologies. In this study, we aim to examine the jurisprudential and legal aspects of artificial insemination, as our legal system is rooted in jurisprudence and withou MoreNowadays, many infertile couples around the world have become parents through assisted reproductive technologies. In this study, we aim to examine the jurisprudential and legal aspects of artificial insemination, as our legal system is rooted in jurisprudence and without addressing its fundamental principles, it becomes difficult to establish legal rights for them. Therefore, in the jurisprudential examination, we first address the issue of permissibility or prohibition of using these artificial insemination methods, and then examine the legal status of these methods that determine the lineage of these children, and finally discuss the legal rights and obligations of the parties involved in the artificial insemination contract, as determining the child's lineage will clarify other issues such as custody and guardianship. New fertility or artificial insemination is a therapeutic approach that was developed in the late twentieth century to treat infertility in couples. This therapeutic method began in 1765 and eventually led to the treatment of infertility in humans, and among the methods used in this regard is the use of a surrogate or second husband's womb to place the fetus for growth until the moment of birth. Manuscript profile -
Open Access Article
2 - Draft of the 25-year Comprehensive Cooperation Plan between Iran, China and its Benefits and Shares with the Principle of Denying Sabotage.
Hadi Abangah azgomi Milad Ramezanin Erfan Yousefi qale roudkhaniIssue 8 , Vol. 4 , Autumn_Winter 2024The principle of "negation of the path" is one of the most important principles in Islamic jurisprudence, which has numerous applications in jurisprudence, politics, and governance. This principle is based on Quranic verses, such as verse 141 of Surah An-Nisa, the famou MoreThe principle of "negation of the path" is one of the most important principles in Islamic jurisprudence, which has numerous applications in jurisprudence, politics, and governance. This principle is based on Quranic verses, such as verse 141 of Surah An-Nisa, the famous prophetic hadith "Islam prevails and is not prevailed upon," and the consensus of scholars. One of the practical applications of this principle is that regulating relations between Muslims and non-Muslim nations should always prioritize the legal rights of Muslims over non-Muslims. The Islamic Republic of Iran, which has established its government based on Islamic jurisprudence, has been striving in recent years to prove its religious, political, and economic independence and not sign any agreements contrary to Islamic law, jurisprudence, and the country's interests. However, some scholars and politicians challenge this principle of jurisprudence regarding the signing of the 25-year cooperation agreement between Iran and China. Some believe that implementing this agreement goes against Islamic jurisprudence and the country's interests, while others believe that it does not violate the principle of "negation of the path" and is in the country's best interests. Therefore, this article aims to describe and compare the advantages and disadvantages of this agreement with Islamic jurisprudence, the principle of "negation of the path," and the country's interests using a descriptive method. Manuscript profile -
Open Access Article
3 - The role of technology in the process of investigation
Maryam Ahmadi Matin BazyarIssue 8 , Vol. 4 , Autumn_Winter 2024Today, Information technology has penetrated all sectors of society and its impact on the advancement of processes is significant. The judiciary and the prosecution are not exempt from this and application of technology in this area is popular all over the world. Althou MoreToday, Information technology has penetrated all sectors of society and its impact on the advancement of processes is significant. The judiciary and the prosecution are not exempt from this and application of technology in this area is popular all over the world. Although discussion on the possible use of technology in this sector is not very old but from the beginning it has been met with reception and introduction of proposals in various areas, in order to better use in the administration of justice. Our country is also not far behind and use of technology in the judiciary is following up with related laws and regulations. The necessity of application in this section has been the subject of many studies and articles and some Recommendations has been provided for use in proceedings that they has been more in the field of criminal procedure. However Study about the issue that technology specifically in which procedural steps and sections could be used or not, is novel and although necessary to know. In this article, by investigating details of civil procedure form and looking in to each parts from possible use or non-use of technology, effort has been to inaugurate an opening to offer new recommendations. Manuscript profile -
Open Access Article
4 - A Reflection on the Two Dimensions of Human Rights and the Rights of Pilgrim Tourists in the Mina Tragedy with an Emphasis on the Role of Relevant Organizations
Sommaye EshkevaryanIssue 8 , Vol. 4 , Autumn_Winter 2024The violation of human rights, both as a customary rule and as rights enshrined in human rights documents, was evident in the Mina tragedy. More than ever, the intervention of the United Nations as an organization that safeguards peace and human rights was needed, using MoreThe violation of human rights, both as a customary rule and as rights enshrined in human rights documents, was evident in the Mina tragedy. More than ever, the intervention of the United Nations as an organization that safeguards peace and human rights was needed, using the capacities of the Security Council and the Human Rights Council to assist the victims' families. Additionally, peaceful resolution of this tragedy required the intervention of the Organization of Islamic Cooperation, which, according to its goals, should have entered into negotiations and provided a platform for cooperation between two governments. Manuscript profile -
Open Access Article
5 - Examining the nature and comparing the lease with the condition of ownership to the suspended contract in Iranian law.
Donya Hosseini moghadamIssue 8 , Vol. 4 , Autumn_Winter 2024The purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to it MoreThe purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to its advantages over similar legal institutions such as installment sales, suspended sales, and rental contracts, it can also be a suitable substitute for these legal institutions in our country's legal system. At first glance, it may seem that this contract is a rental agreement in which a condition for the tenant to become the owner is included at the end of the contract. However, it should be noted that "rent with the condition of ownership" has many similarities with contracts such as installment sales with a void condition, suspended sales, rental contracts, and mortgages. Despite these similarities, there are also significant differences with these contracts. Therefore, this contract cannot be included in the framework of any of these contracts, and it must be accepted that "rent with the condition of ownership" is an independent contract. Insisting on including this contract in the framework of other contracts creates problems that harm both parties and do not correspond to their wishes. One of these differences is the difference in the characteristics and nature of suspended contracts. A suspended contract is a contract whose occurrence and realization are subject to the occurrence of another event. In fact, a suspended contract is a contract that does not have any legal effect after (offer and acceptance), meaning that an agreement is reached and a contract is concluded, but its effect is not created and is subject to an incident. The widespread use of these types of contracts in recent years has made it necessary to identify their nature and provisions. Manuscript profile -
Open Access Article
6 - Examining the Differences and Similarities of Partition and Separation in Property Registration Law
Fateme Fard_e_falsafiIssue 8 , Vol. 4 , Autumn_Winter 2024Partition, separation, and division each have their own specific definitions and are different from one another. Generally, partition refers to the difference between multiple joint partners, while separation means separating a property or land by the owner. In other wo MorePartition, separation, and division each have their own specific definitions and are different from one another. Generally, partition refers to the difference between multiple joint partners, while separation means separating a property or land by the owner. In other words, when the partners do not agree on how to divide the joint property, the solution is to request partition. However, in the case of separation, a person can also take action to separate their own land or property. In this research, we intend to focus on the concepts of partition and separation and compare them from the perspective of property registration law Manuscript profile -
Open Access Article
7 - A Comparative Study of Identification and Implementation of Foreign Judgments in Civil and Commercial Matters in Iranian Law and the Hague Convention of 1971
Abasat Pour mohammad Faeze Jahani moghadamIssue 8 , Vol. 4 , Autumn_Winter 2024In the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international l MoreIn the development of international relations, the identification and implementation of judgments issued by foreign courts are of great importance. Among the international organizations in The Hague, the Hague Convention is unique in the field of private international law, and among them, the 1971 Hague Convention represents a turning point in international efforts to create uniform laws and principles for recognizing and enforcing foreign judgments. In Iranian laws, the conditions for identifying and enforcing judgments are also stated in Article 169 of the Civil Procedure Code. In this article, a comparative study is attempted using library research method and descriptive-analytical approach on the identification and implementation of foreign judgments in civil and commercial matters with a focus on the provisions of the 1971 Hague Convention and Iranian civil laws.. Manuscript profile -
Open Access Article
8 - Examining the Principle of Good Faith in Chinese Judicial Practice with a Focus on the New Civil Code (Enacted in 2021)
Farshid KhosraviIssue 8 , Vol. 4 , Autumn_Winter 2024One of the important legal principles in law, especially in the realm of contracts, is the principle of good faith. In the Chinese legal system, both in previous laws and in the new Civil Code enacted in 2021, good faith is recognized. Chinese courts have no specific li MoreOne of the important legal principles in law, especially in the realm of contracts, is the principle of good faith. In the Chinese legal system, both in previous laws and in the new Civil Code enacted in 2021, good faith is recognized. Chinese courts have no specific limitations based on the principle of good faith and sometimes consider the concepts of good faith and fairness to be interchangeable. In the Chinese legal system, the duty of good faith is not limited to the stage of contract execution, but both parties are obliged to observe good faith in all stages of a contractual relationship, from pre-contractual negotiations to contract dissolution and rejection of substitutes. The new Civil Code of China is the first comprehensive and complete law in the field of private law in China, which is derived from numerous past special laws but has many innovations in the field of contracts and contemporary issues such as environmental protection, smart contracts, etc. Therefore, it can be said that it is a pioneering and up-to-date law in this regard. Manuscript profile -
Open Access Article
9 - Principle of Impartiality and Neutrality in the Exercise of Discretionary Powers in the Light of a Decision by the Administrative Court
Seyyed shahaboddin Musavizade merkieIssue 8 , Vol. 4 , Autumn_Winter 2024Discretionary power is a power granted by the legislator to public authorities with the aim of serving the public interest. This power is exercised in various areas, including the recruitment of volunteers in government agencies. According to the Universal Declaration o MoreDiscretionary power is a power granted by the legislator to public authorities with the aim of serving the public interest. This power is exercised in various areas, including the recruitment of volunteers in government agencies. According to the Universal Declaration of Human Rights, individuals have the right to equal access to public employment in their own country. According to the Law on the Administration of Public Services, the principle of meritocracy applies to entry into executive agencies. However, placing criteria such as religious beliefs in addition to acceptance in the entrance competition has a legal basis according to the Law on the Administration of Public Services. The question now is how can these two important issues (meritocracy and compliance with selection criteria) be achieved? This article attempts to answer this question by describing and analyzing a decision by an administrative court through a library study using data extraction tools. The results showed that compliance with the principles of impartiality and neutrality by executive agencies and supervision by administrative courts are good tools for achieving the legislative goal of granting discretionary powers to administrative authorities. Manuscript profile -
Open Access Article
10 - The Effect of Divorce Before Intimacy on the Cancellation of Dowry
Mohammad ali Rasouli moghadamIssue 8 , Vol. 4 , Autumn_Winter 2024In the article 1092 of Civil Rights, it is mentioned that: “ If the husband divorces his wife before having intercourse, she is entitled to the half of dowry of bride and if the husband had given more than half of dowry of bride before the intercourse, he would have ent MoreIn the article 1092 of Civil Rights, it is mentioned that: “ If the husband divorces his wife before having intercourse, she is entitled to the half of dowry of bride and if the husband had given more than half of dowry of bride before the intercourse, he would have entitled to the residue of the half of itself or its price.”, in this case; the question is that if the wife forgives release all or more than half of(dowry of bride, which is exactly the husband’s total duty ) after marriage contract and the husband divorces her before having intercourse with her, since release is a kind of possessing and domination of the debt or is similar to the loyalty to a pledge, and considering the command in the article above; does the wife owes the residue of the half of dowry of bride The popular response to this question by the Faghihs of Imamia is positive whereas other Faghihs and lawyers disagree with their view. While studying this subject; in this essay, we will try to understand the evidences of those in favor and opponents of this and will observe some aspects of the topic that have been less taken into consideration. Manuscript profile -
Open Access Article
11 - Exploring the Role of Testimony and Judge's Will in Analyzing and Investigating Article 241 of the Civil Procedure Law in Iran
Fereydoun ShayesteIssue 8 , Vol. 4 , Autumn_Winter 2024The aim of this research is to explore and investigate the role of testimony as one of the evidence in proving a claim and the judge's will in determining the value and impact of testimony in court. The research method is descriptive-analytical, and the different perspe MoreThe aim of this research is to explore and investigate the role of testimony as one of the evidence in proving a claim and the judge's will in determining the value and impact of testimony in court. The research method is descriptive-analytical, and the different perspectives of the experts in this field are examined and criticized. The author will present his own viewpoint in the conclusion and summary of the study. Manuscript profile -
Open Access Article
12 - The Constitution of the Islamic Republic of Iran: the field of conflicts and conflicts
Qasem Qasemi bivarzani Fariborz Letafati Roqaye BahonarIssue 8 , Vol. 4 , Autumn_Winter 2024In the various principles of the Constitution of the Islamic Republic of Iran, there are severe conflicts and conflicts, which can be seen in the principles related to the judiciary, principles 36 and 167 of the Constitution are among them. And the conflicts and conflic MoreIn the various principles of the Constitution of the Islamic Republic of Iran, there are severe conflicts and conflicts, which can be seen in the principles related to the judiciary, principles 36 and 167 of the Constitution are among them. And the conflicts and conflicts have spread from the text of the constitution to other laws. For example, the ambiguity in Article 167 of the Constitution has spread to Article 220 of the Islamic Penal Code approved in 1392, and this law, which as a normal law should contribute to the transparency, elaboration and future work of the principles of the Constitution, has become a summary and generalization, which is the result of it. The abandonment and inefficiency of Article 167 of the Constitution will be in effect. Manuscript profile
Most Viewed Articles
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Open Access Article
1 - A Critical Look at Judges' Civil Liability in Iranian Jurisprudence and Law
Shaghayegh Shaghayegh shamsi Abedin momeniIssue 4 , Vol. 2 , Autumn_Winter 2021According 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 MoreAccording 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
2 - Civil Liability of Minor Supervisor Against his detrimental Act in Iran and England’s Law
Maryam Tafazoli Mehrjardi Behshid ArfaniaIssue 1 , Vol. 1 , Spring_Summer 2020Minors 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 MoreMinors 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
3 - Voluntary Commitment In Iranian Law
Akbar Imanpour Mehri MasuodiIssue 1 , Vol. 1 , Spring_Summer 2020One 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. MoreOne 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
4 - Government's Civil And International Responsibility For The Damages Caused By The Internet
Rasoul Malakooti Mona KhalilzadehIssue 1 , Vol. 1 , Spring_Summer 2020Internet 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 MoreInternet 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
5 - Comparative Study Of late Payment Damage With Usury
Babak Mohammad Rezapour Faezeh Jahani MoghadamIssue 1 , Vol. 1 , Spring_Summer 2020In 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 MoreIn 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 - The legal status of possessions in the parliament
Javad Vahidizadeh seyyedeh maryam asadinejadIssue 1 , Vol. 1 , Spring_Summer 2020Although sale contract is a binding and uncancellable contract, if the seller and buyer sign the sale contract in a meeting place, as long as they are in the meeting place they can cancel the contract without explanation of their reason. In fact, it is the application o MoreAlthough sale contract is a binding and uncancellable contract, if the seller and buyer sign the sale contract in a meeting place, as long as they are in the meeting place they can cancel the contract without explanation of their reason. In fact, it is the application of the meeting place contract that creates such a right for the parties. Nevertheless, the buyer and seller can exclude the “meeting place option” through including a condition in the contract or by leaving the meeting place or separation of the parties or the seizure of the sold item/price. As there is a difference of opinions among the jurists as regards the mode of dissolution that is the goal of “meeting place option”, the jurists are also divided on the the seizure of the sold item/price of the option because the separation of parties and the seizure of the sold item/price are two sides of the same coin. Some jurists believe that the seizure of the sold item/price may result in the cancellation of option but some others would even imply the implementation of the option of meeting place and the bindingness of the contract. In the present essay, after the analysis of the concept of “metting place option”, we discuss the conditions of the realization of metting place option as well as those occasions that lead to the cancellation of the meeting place option and the finalization of the sale contract. Moreover, our study of the public notion of the seizure of the sold item/price renders it clear that option belongs to the contract not to the exchanged items. Also the material seizures that takes place being informed of the existence of the option leads to the cancellation of the meeting place option but such modes of seizure like selling or leasing the sold item by the seller might be understood as an act of actual cancellation. Manuscript profile -
Open Access Article
7 - A Study Of Obligatory And Situational Rules In The Iranian Legal System
Arman Yaghobi Moghadam Ashkan NaeimiIssue 2 , Vol. 1 , Autumn_Winter 2021Rules based on one division in the science of principles are divided into situational and obligatory rules.There is one difference between the fundamentalists in the nature of the obligatory rulings, but there is a difference of opinion in the nature of the rulings. Two MoreRules based on one division in the science of principles are divided into situational and obligatory rules.There is one difference between the fundamentalists in the nature of the obligatory rulings, but there is a difference of opinion in the nature of the rulings. Two comments have been obtained between principles. Some fundamentalists, such as Sheikh Ansari, consider the status quo to be detached from the mandatory mandate. Others, such as Fazel Toni, consider the nature of the status quo to be independent. In this research that in terms of practice data collection is a library, we will prove that the separation of status sentences from mandatory sentences in the Iranian legal system has many benefits. Manuscript profile -
Open Access Article
8 - Investigation of a Contractual Representative’s Dealing with Oneself in the Iranian Legal System
Fatemeh Jameei Nader Khavandgar Hirad MokhayeriIssue 2 , Vol. 1 , Autumn_Winter 2021The significance of concluding contracts requires that there should be a legal relationship in the name of representation in the relations between individuals, so that the representative can participate in the contracts in his/her own name and conclude the contract on h MoreThe significance of concluding contracts requires that there should be a legal relationship in the name of representation in the relations between individuals, so that the representative can participate in the contracts in his/her own name and conclude the contract on his/her behalf. Representation is divided into kinds based on the validity of the basis and its cause, and one of the most important of which is contractual representation. Since the existence of two wills is necessary in concluding any contract, the contractual representative declares his/her will on behalf of the original party and in some cases may participate in the contract on his/her own behalf and in his/her own right and deal with him/herself. Therefore, in the present study, in order to clarify the various dimensions of such a deal, in response to the question of what is the nature and legal status of such a deal in the Iranian legal system if a deal is made by contractual representatives including lawyers, directors of commercial companies, dealers and brokers, it should be said that such a deal was accepted as a contract and in the case of a lawyer, it shall be valid and effective by observing the client’s interests, in the case of managers of commercial companies and dealers, it shall be valid and effective by observing formalities, but the broker's dealing with himself/herself is not valid and he/she can only have a share in the deals of the parties. All of which were examined in detail in this article. Manuscript profile -
Open Access Article
9 - The Principle Of Good Faith In Civil Proceedings (In The Light Of Judicial Procedure)
Arman Yaghobi Moghadam Kourosh DelpasandIssue 4 , Vol. 2 , Autumn_Winter 2021In 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 MoreIn 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. And 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
10 - A Comparative Study of Witnesses Hearing in Virtual Arbitration in Arbitration Systems of the US, European and Iranian
masoud akhavan Reza Shahidi SadeghiIssue 2 , Vol. 1 , Autumn_Winter 2021In the present era, due to advances in new technologies, including cyber-space, we face quantitative and qualitative opportunities, including the issue of hearing the testimony of witnesses in cyber-Space arbitration. Hearing the testimony of witnesses in the cyber-spac MoreIn the present era, due to advances in new technologies, including cyber-space, we face quantitative and qualitative opportunities, including the issue of hearing the testimony of witnesses in cyber-Space arbitration. Hearing the testimony of witnesses in the cyber-space in accordance with the specification or implication of valid international laws and conventions such as the UNCITRAL Model Arbitration Law and the Arbitration Rules of the International Chamber of Commerce and also by the meaning of some provisions of Internal arbitration laws and the International Commercial Arbitration Law and explicitly stipulated in the Electronic Commerce Law, has been supported by the Iranian legislator and has been granted judicial validity. In this descriptive-analytical article, the authors intend to discuss the hearing of witness testimony in cyber-space arbitration in a comparative manner in the arbitration systems of the united states, europe and Iran. witnesses hearing as well as opportunities and challenges in the process of hearing to witnesses in cyber-space arbitration should be explored. Manuscript profile
