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    Comparative journal of Dadpishgan ( Scientific )
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  • About the journal

    Introduction the bulletin
    Comparative bulletin of Dadpishgan, with the official permission of the ministry of culture
    and Islamic guidance and a highly specialized team of research professors and creative and
    elite researcher from prestigious universities has collected
    which always pursues its main
    goal and mission to present fruitful research articles and publish their latest scientific findings

    in various fields of law and try to investigate the fields and deep and ignored angles of the

    law of the country.
    On the other hand, the other editors of this journal have always been
    trying to maintain and continuously improve the scientific aspect of the
    monthly journal
    through accurate and specialized judgments and adherence to important restrictions.
    This
    monthly journal
    is ready to receive and review scientific articles in the field of contracts and
    obligations
    law, "international law", law of commercial documents and contracts",
    "international trade
    and economic law", "criminal and criminology law " - new legal trends"
    of
    jurisprudence and law" and public law and for easy and universal access to the latest legal
    f
    indings of scientific-research rejection approach, this journal has been established as an
    open
    -access journal and comparative bulletin of Dadpishgan is published online. This
    magazine is an electronic magazine that is published in
    persian along with an english abstract
    with open access. This publication is subject to the CC BY
    -NC: 4 open access policy.
    According to this license, the use of the content
    s of the bulletin (without commercial
    purposes) is allowed by mentioning the source and observing the rules of copyright.


    Recent Articles

    • Open Access Article

      1 - The wrong impact on the person or personality in the crime on the soul
      Afshin Rahimi Pardanjani
      Issue 7 , Vol. 7 , Spring 2023
      The murder of human life and the deprivation of human life is one of the most important crimes against individuals, and in all societies, it is accompanied by severe reaction and consideration of severe punishments for the killers. In the Islamic legal system, the punis More
      The murder of human life and the deprivation of human life is one of the most important crimes against individuals, and in all societies, it is accompanied by severe reaction and consideration of severe punishments for the killers. In the Islamic legal system, the punishment of murder is retribution if it is deliberate and justice, and this punishment is mentioned in the Holy Qur'an as the source of society's life. Physical and crime against spiritual personality is divided. In the meantime, crimes against physical integrity (such as murder, amputation, multiplication, miscarriage) against crimes against spiritual personality (such as insult, defamation, Qaddaf, false publication, etc.) More important. Among the crimes against physical entirety, the crime of murder is, most importantly, because murder is the deprivation of life from living man. In this way, the crime of murder takes him the most valuable divine blessing to man, which is his body and soul. Therefore, in all the legal systems of the world, the crime of murder is of great importance, and especially for its deliberate type, heavy penalties such as imprisonment or life imprisonment are projected in criminal laws in different countries. We can kill the murder by "mistake in the victim" (wrong in the goal) or "mistake in the personality of the victim" (mistake in the identity). Manuscript profile

    • Open Access Article

      2 - Jurisprudence, Legal Status of Sea Water in Public Property and Subscribers
      سحر حقانی
      Issue 7 , Vol. 7 , Spring 2023
      Given that waters are part of the debate and the discussions are possessed of the capability, the question arises as to whether public waters are owned by individuals. According to the Water Act and how it becomes nationalized in 1347, the waters of the Maqdah became on More
      Given that waters are part of the debate and the discussions are possessed of the capability, the question arises as to whether public waters are owned by individuals. According to the Water Act and how it becomes nationalized in 1347, the waters of the Maqdah became one of the public property administered by the government. According to some jurists, by the adoption of the Water Nationalization Act on 4/4/1347 Articles 149, the Civil Code has been abolished and the issue of water ownership has been abolished. The general property of the national wealth is a country and belongs to all generations. The economic value of this property first provides special support and maintenance of these property. There are many solutions such as using new technologies, strengthening regulatory agencies, and so on to prevent private people's access to public property and to prevent government and public outsourcing over these property. But one of the most important ways in this regard is to provide legal solutions as a way to solve the roots of problems. In this study, jurisprudential and legal views will be examined and solutions will be provided to solve the legal problems of public water. Manuscript profile

    • Open Access Article

      3 - Analytical study of the rule of urgency in Islamic law and jurisprudence
      Abbas Ali  Bahari Ardashiri Sayed Mohammad Shaffiey
      Issue 7 , Vol. 7 , Spring 2023
      The set of actions and conditions that a person or persons inflict on a person or persons to avoid a current threat is called a state of emergency. The rule of urgency refers to a ruling in case of which a person refuses to perform the obligatory rules by the rule of re More
      The set of actions and conditions that a person or persons inflict on a person or persons to avoid a current threat is called a state of emergency. The rule of urgency refers to a ruling in case of which a person refuses to perform the obligatory rules by the rule of reason and frees himself from that severe danger by committing a forbidden act and causing harm to a person or other persons. But this damage must always be as great as the danger that is created and more damage must be avoided. Article 206 of the Civil Code, while validating an emergency transaction, states that if a person enters into a transaction as a result of a personal emergency, it is not considered contempt. The cause of external urgency is the ruling of the Cairo power, so it eliminates the causal relationship between action and distress and harm. Accordingly, the distressed person is not liable unless it can be held liable under civil liability. Components of fairness or non-fairness of contracts include abuses of the position of a person or persons in a state of emergency. This article examines whether an emergency can relieve civil liability or not, and examines the contracts that are made with distressed people, as well as the ruling on their invalidity or non-invalidity. Manuscript profile

    • Open Access Article

      4 - Capability of issuing conditional cheques; A criticism to article 3 of Cheque Issuing Act modified at 1382/06/02
      فرشاد فرازمند
      Issue 7 , Vol. 7 , Spring 2023
      The autonomy principle in payment and guarantee instruments such as Letters of Credits, Demand Guarantees (Bank Guarantees), Bills, Promissory Notes and Cheques have become one of the inseparable characteristics, to the point that it constitutes the nature of these in More
      The autonomy principle in payment and guarantee instruments such as Letters of Credits, Demand Guarantees (Bank Guarantees), Bills, Promissory Notes and Cheques have become one of the inseparable characteristics, to the point that it constitutes the nature of these instruments. Most countries laws and international conventions have identified the principle in their rules. Autonomy principle increases payment certainty remarkably so that any excuse, exterior from payment relationship cannot block payment procedure. On the other side the execution of the principle in absolute and inflexible manner can cause issuer (The person who is responsible for payment) to be harmed where the beneficiary is not entitled to pay rightfully and fairly. One of the ways which could reduce the absoluteness of autonomy principle and make it flexible is possibility of predicting conditions which acts as a complementary for autonomy principle in different rules and reduces harmful and unfair consequences of absolute application of autonomy principle. By comparatively study the provisions of various payment and guarantee instruments, In this research, we are trying to consider that are cheques, as a common payment and guarantee instrument among people, possible to be issued with conditions or not. Manuscript profile
    Most Viewed Articles

    • Open Access Article

      1 - Critical Study of Gradual criminal liability of juveniles in discretionary offenses (review of the French legal system
      mohammad saeeid shafiei
      Issue 1 , Vol. 1 , Autumn 2018
      In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded More
      In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Non-criminal and criminal measures based on the criterion of age in discretionary offenses of juveniles and has focused on judicial measures on socialization of these people because of refusing to apply repressive criminal responses. Despite of removing gender separation and possibility of apply appropriate responses; there are some ambiguities in acceptance of gradual system in discretionary offenses. not providing to extension of protective and supervisory measures to people under 9 years according to the first section of the article 88 the Islamic Penal Code about criminal liability and restrictions on the use of restorative responses in juvenile procedure, authority of the judge in determining freedom with care method, not being comprehensive measures referred to in article 89 in terms of the impossibility of extension measures under article 88 to not severe offenses of age group 15 to 18 years cause are restrictions that cause not providing to achieve absolutely to differential approach in the field of legislative criminal policy related to juvenile delinquents. This article emphasizes using a descriptive- analytic method and studying of France legal system and former substantive criminal law necessity of taking non-criminal measures on persons under the minimum age of criminal liability, expansion of restorative response, The necessity of using of freedom with care method while giving children to family like September 9, 2002 Act of France and provides efficient legislative criminal policy with critical review each of these ambiguities Manuscript profile

    • Open Access Article

      2 - Study procedure Tolerance of thoughts and behavior Based on Islamic teachings
      mohammad saeeid shafiei shirin shafiei
      Issue 1 , Vol. 1 , Autumn 2018

    • Open Access Article

      3 - study the principles and foundations of competition law based on the legal laws of the Islamic Republic of Iran
      mohammad saeeid shafiei hamid samadifard shirin shafiei
      Issue 2 , Vol. 2 , Autumn 2018

    • Open Access Article

      4 - Principles of State Civil Liability for Environmental Pollution
      Sayed Ahmad Asgari Arjnky
      Issue 1 , Vol. 1 , Autumn 2018
      Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. On More
      Today, with the expansion of international relations and relationships, the issue of environmental law has been at the forefront of international attention, and all governments and individuals are working to maintain environmental conditions in a healthy environment. One could consider one of the components of a good state or good governance as an environmental issue and, in particular, a clean air. In fact, one of the most important environmental issues is the issue of air pollution, which today is inevitable to find solutions to tackle and mitigate this phenomenon. It should be noted that the right to a healthy environment, except for human rights, including rights Is inherent in human beings. In order to deal with this phenomenon, civil liability was raised, according to which the loss factor should be compensated. One of the foundations of civil responsibility is the theory of fault that this theory is less used because of the lack of recognition of the actual cause of the damage, and to solve this problem, theories of liability are blamed and blamed on the responsibility of the majority of European countries. The remedies in this area are also restoring the state of the past, eliminating the source of losses, compensating for losses, and committing to non-contamination. In the area of civil liability caused by pollution, there are complexities such as the multiplicity of features, gradual and hidden losses, the difficulty of assessing damages, and the ability to prove the relationship between the causation. Therefore, it is necessary in this regard, It will be possible to first develop preventive measures against people, as well as by adopting precise and comprehensive laws and regulations in this area, these issues can be reduced. Manuscript profile

    • Open Access Article

      5 - Legal aspects of network marketing (MLM)in iran with pyramid schemes in comparison with America Federal Trade
      hamid samadifard farshid teyebi
      Issue 1 , Vol. 1 , Autumn 2018
      In practice , we are dealing with two types of network marketing , first network marketing and other pyramid schemes , which are the vast majority of the second type , which is illegal in most countries . From the United States Federal Trade Organization perspective , More
      In practice , we are dealing with two types of network marketing , first network marketing and other pyramid schemes , which are the vast majority of the second type , which is illegal in most countries . From the United States Federal Trade Organization perspective , the marketing plan is a very good way to sell products and services by distributors . Although this type of market includes new economic activities , which can be incorporated into an independent contract without being incorporated under the title of one of the contarct, it may have a few similarities with such as rent , peace , sale of law , and can be introduced , but each may have problems . In this study , it has been tried primarily to describe this form of marketing and the distinction of two healthy and unhealthy types , then the healthy type that is legally reviewed by matching the aspect of jurisprudence and the rules of the Federal Convention Manuscript profile

    • Open Access Article

      6 - Comparative Study of Copyright in Iran and France Legal System
      Sayed Ahmad Asgari Arjnky
      Issue 1 , Vol. 1 , Autumn 2018

    • Open Access Article

      7 - The principle of freedom of contract in dealing with its limitations
      elham ahmadi bani
      Issue 2 , Vol. 2 , Autumn 2018

    • Open Access Article

      8 - A comparatives study of Unfair comptetion in iranin law with shiit jurisprudence and the paris convention
      mohammad reza habibi mehr hamid samadifard
      Issue 1 , Vol. 1 , Autumn 2018
      prudence and the paris convention Competition has different titles, but fair competition in recruitment make the benefits of a all society. But in some instance, competitor use irrecoverable harm to their compet-ing commercial interests by using illegal and unprotected More
      prudence and the paris convention Competition has different titles, but fair competition in recruitment make the benefits of a all society. But in some instance, competitor use irrecoverable harm to their compet-ing commercial interests by using illegal and unprotected methods. In this case, it is a type of competition in which business competitors use equipment unfairly and compete for unfair titles. Unfortunately, there is no exact definition of the meaning of unfair competition, but in addition to unfair competition, which is discussed in private law, there is no definite way of defining public rights and economic rights, which they call competition law. In the law of instance such as offensive and discriminatory pricing, monopoly, similarity of name and trademark, as well as cases in the field of industrial property rights, we can mention the obstacles to fair competition, in other words, unfair competition. In Imamieh jurisprudence, with its rich resources, it is prohibited to disor-derly competition, among which, in addition to many verses and narratives, it is possible to mention cases such as hoarding, reckoning, and the rule of lawlessness. Given the above, it is clear that the law defends a fair competition and request to reform the com-petitive relationship between individuals, which, assuming this important, can be seen as a Justice-centered economy. In this study, to clarify the nature of Fair competition , con-cept and examples of unfair competition, and to better understand the unfair competition law, compare it with some of the relevant institutions in the Paris Convention and other conventions. Manuscript profile

    • Open Access Article

      9 - The effect of the bill in contracts in iranin law with comparatives the Shiite jurisprudence and Common law rights
      mohammad reza habibi mehr rohangiz mohammadi moghanli
      Issue 1 , Vol. 1 , Autumn 2018
      Considering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of More
      Considering the role and effect of the bill in the exercise of the rights and obligations of the the legislator, it is subject for of different rulings And because legislator in compliance with state jurisprudence to paid that bill in addition general rules Contract of sale in other of legal acts and phenomena is presented that bill enforceable But the general principle is that any contract offer and acceptance will be available to spend The offer and acceptance are the two components of the unit contracts. One might think that in our legal system does not have a contract of three components But the Iranian legislator by taking above issues and to supply materials, and the thought derived from jurisprudence texts in some seasons civil law on contracts and unilateral obligations, contracts have been noted The bill is traded to the transmission. Therefore the Iranian Law bill in some contracts condition for and condition for the validity of are contracts However, the common law legal system, the importance of the bill is not in Iran's rights, the rights of Iran's important that the bill has the effect of That some contracts are not real contracts in which they bill as Subject the contract, conditions is true However, the common law legal system that easily accepted and mortgage bills in the health condition they not mortgage And accordingly because of diversity in the formation of transactions and contracts, the importance of the bill and there are general rules and old Which is very ambiguous and insufficient and not able to solve problems aim to contractual with the impact of bill pay transactions In This study examines the different aspects in some the contracts pay the bill. Manuscript profile

    • Open Access Article

      10 - Right to health in the constitution of the Islamic Republic of Iran
      SaSaman Allallahveysi ali gorji aznadreyani
      Issue 2 , Vol. 2 , Autumn 2018
      The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by vi More
      The right to health is part of the fundamental rights of citizens in any political community. Every citizen as a member of the community, regardless of racial, religious, political or cultural considerations, has the right and deserve the right to enjoy this right by virtue of the existence of a citizenship relationship. The right to health includes all medical services, adequate food, affordable housing, clean environment and .... Various and influential factors on health make it difficult to define the right, and countries are required to make fundamental decisions to ensure these facilities, which Iran has recognized in the constitution by ratifying health laws and regulations. Manuscript profile
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    Number of Volumes 7
    Number of Issues 7
    Printed Articles 34
    Number of Authors 105
    Article Views 152302
    Article Downloads 22573
    Number of Submitted Articles 93
    Acceptance 89 %
    Time to Accept(day) 57
    Last Update 7/20/2024