Supportive Measures in Favor of Content Producers in the European Directive on Copyright in the Digital Single Market and the Approach of the New Iranian Copyright Bill to these Measures
Saeed
Habiba
Private and Islamic Law Department, Faculty of Law and Political Science, University of Tehran
author
Meysam
Rezaei
Department of Private law, Faculty of Law and Political Science, University of Tehran, Tehran
author
text
article
1398
per
The new European Directive on Copyright in the Digital Single Market, approved in 2019, is designed on the one hand to provide more legal support in favor of content producers and on the other hand to offer new opportunities for consumers to access copyright-protected content. In that directive three main supportive measures can be recognized: out-of-commerce works, judicial contract adjustment mechanism and protection of press publication concerning digital uses. Through comparative study, it can be deduced that out-of-commerce works and certain contractual support, except judicial adjustment mechanism, can be provided via new Iranian Copyright Bill. However, the protection of press publication, through related rights, is not offered in the latter Bill. That is an issue which can be discussed in drafting the final version of the new Iranian Copyright Bill. . Through comparative study, it can be deduced that out-of-commerce works and certain contractual support, except judicial adjustment mechanism, can be provided via new Iranian Copyright Bill. However, the protection of press publication, through related rights, is not offered in the latter Bill. That is an issue which can be discussed in drafting the final version of the new Iranian Copyright Bill.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
1398
11
38
https://lawresearchmagazine.sbu.ac.ir/article_87481_c43c4e6c8b7f890fa0499045047d0d30.pdf
dx.doi.org/10.29252/lawresearch.22.88.11
Legal analysis of the guarantee of the implementation above the Parliaments' presidents' (speaker) supervision on the Cabinets' ministers' approvals and the resulting effects
Mahnaz
Madadkar Haghjou
Islamic Azad University, Faculty of Low, Central Tehran Branch
author
Bizhan
Abbasy
Associate Professor of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
author
Khirollah
Parvin
Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran
author
mohamad
hashemi
beheshti university
author
text
article
2020
per
Due to the importance of the role of the executive power in displaying the authority of the Islamic Republic of Iran and protecting the principle of the hierarchy of legal norms, along with the judicial supervision of the Administrative Justice Court, supervision is also exercised by the Parliaments' (speaker) with helping votes "Committee of review and compliance of government approvals with the Laws" on the compliance of the Cabinets' ministers' approvals with the parliaments' approvals. Hence, according to legal documents, the Parliaments' president (speaker) is the authority to recognize the contradictions of Cabinets' ministers' approvals with the law. The main question of this research is the analysis of the nature of the guarantee of the implementation of the above-mentioned supervision and the resulting effects. In response could be said, the gradual evolution of the type of supervisory competence of the parliaments' speaker from "only informing and declaring the contradiction approved with the law" to "cancel the effect ", with attention to concepts of above guarantee and neglecting its effect is violation some principles and rules of law such as the principle of rule of law (9, 34, 85,138 and…principles of constitution), the principle of judiciary and responsible for administrative authority and ultimately, it is destroyer citizenship rights. In this research that is of descriptive-analytical type, has been used of library resources
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
39
62
https://lawresearchmagazine.sbu.ac.ir/article_87418_3aad4fc06f3883b43ec090df562d4754.pdf
dx.doi.org/10.29252/lawresearch.22.88.39
The effect of crime characteristics on sentencing
nasrin
mehra
دانشیار دانشکده حقوق دانشگاه شهید بهشتی
author
text
article
2020
per
We can regard the punishment as a process which is applied in two different stages; the first one includes the determination of punishment by the legislator and the second one is sentencing by the judges. Determination of punishment in the legislation process logically follows its own philosophical principles and the legislator shall obey those principles. However, it should be realized that in practice are not taken into account as such and the most of time, logical and philosophical purposes are sacrificed by the political debates in the parliamentary process. Although the principle of legality requires the judge to set the punishment as it was determined by the legislator, some principles and rules govern on the sentencing in this stage which in most cases differ from what had been taken into account by the legislator and, of course, are more practical and pragmatic in many aspects. In a wide level, these principles include the principles govern on crime, criminal and victim and each of them has its own effect. However, the base of the sentencing in this area include: the culpability of the criminal and the obscenity of the crime.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
63
84
https://lawresearchmagazine.sbu.ac.ir/article_87454_228daecf1d835f051ed771b111b6ebd0.pdf
dx.doi.org/10.29252/lawresearch.22.88.63
The Role of Reciprocity in the Enforcement of Foreign Judgments: A Comparative/Correlational Study in the Iranian and the US Law
Mohsen
Izanloo
University of Tehran- Associate Professor
author
Roozbeh
Jabbarizadeh
Harvard Law School- Cambridge MA, USA
author
text
article
2020
per
Iran and the U.S. are among the not-so-many countries in the world which still assign some role to reciprocity in their respective laws of recognition and enforcement of foreign judgments. The doubts about what this role exactly is in each case and how political tensions between the two countries has affected, or might affect, the way each of them applies its rule of reciprocity to the judgments rendered by the other’s courts specifically makes a detailed analysis of these two legal systems and their interaction, what this article attempts, worthwhile. Sketching a basic view of reciprocity as a concept and its current global status, the first chapter provides an introduction to the topic. The next two chapters explore the laws of the U.S. and Iran, respectively, on reciprocity, addressing their approaches to a number of practical issues ensuing from their commitment to this rule. The fourth chapter examines each country’ application of its own version of the rule to its specific relation with the other. Toward this end, it both studies the actual decisions of Iranian and the U.S. courts that involved this matter and contemplates other, possible scenarios in deciding the reciprocity questions in light of the interpretive possibilities that the two legal systems open up.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
85
108
https://lawresearchmagazine.sbu.ac.ir/article_87422_30ebdd7d90ec741924271f0cea2a79ca.pdf
dx.doi.org/10.29252/lawresearch.22.88.85
Concept and spectrum of Latent Defect of ship in Inter national Conventions of Goods marine transportation
Amir
Sadegy neshat
University of tehran
author
Hadi
mashhadi
Tehran university
author
text
article
2020
per
The concept of latent defect has always been of special interest in the law of carriage of goods by sea but the detection of damages resulting from a latent defect is not an easy task and in practice there are several obstacles. The present paper by studying the judicial precedent tries to introduce a definition of latent defect, distinguishes this concept from similar concepts, and determine its scope of application within the field of carrier’s liabilities. The paper suggests that the definition and the scope of latent defect stands in favor of Reasonableness of Responsibilities of carrier’s liability compared to other bases of liability. The present paper by studying the judicial precedent tries to introduce a definition of latent defect, distinguishes this concept from similar concepts, and determine its scope of application within the field of carrier’s liabilities. The paper suggests that the definition and the scope of latent defect stands in favor of Reasonableness of Responsibilities of carrier’s liability compared to other bases of liability.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
109
134
https://lawresearchmagazine.sbu.ac.ir/article_87409_b6b62ac5475148e33c86da6e404ca69f.pdf
dx.doi.org/10.29252/lawresearch.22.88.109
The legal status of waiving of the inheritance's right by the heirs
Alireza
Alipanah
Shahid Beheshti University/Law Faculty
author
mahbob
khodaei
;کارشناسی ارشد حقوق خصوصی دانشگاه تبریز
author
text
article
2020
per
Waiving of the inheritance's right is one of the discussible issues in the heritance despite that it is current but precedent believe that such waiving are void. Accordingly, study of the legal of status such waiving is necessary. Some prevents is said to validate of such agreements like that such waiving have no cause and that the inheritance is commandment, so it is irreversible and that it's rules relevant to public policy, so agreement contrary is void. But reviewing and rethinking on nature of the inheritance and differentiating between impact of commandment and impact of right, differentiating between legal actions by the devisor and legal actions by the heirs and the rule of contractual freedom indicate the validate of such agreements both in time of the devisor and after death of devisor. Key words: Waiving of the inheritance's right, Nature of inheritance, Cause of inheritance, The rule of contractual freedom
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
159
178
https://lawresearchmagazine.sbu.ac.ir/article_83089_c0904d8d719381800d7de0f516fc7b19.pdf
dx.doi.org/10.29252/lawresearch.22.88.159
A new analyze Economic Protection of wife in the Iranian Family Protection Act, enacted in 1391
Javad
Hoseinzadeh
Associate professor, department of law, Faculty of Humanities, university of science and culture, Tehran, Iran
author
Vahideh Sadat
Hosseini
Ph.D Student of Private law, department of law, Faculty of Humanities, university of science and culture, Tehran, Iran
author
text
article
2020
per
Due to the fragmentation and inefficiency in wife’s financial rights the Iranian Family Protection Act, enacted in 1391 , this article aims to review and analyze the role of efficiency of wife’s financial rights (alimony, dowry, free gift and reasonable wage) in stabilization and integration of the family institution. This study with library research method describes and analyzes the content of the Iranian Family Protection Act, enacted in 1391, through comparative approach with Imam's jurisprudence and western law. The research results show that generally the wife's financial rights can be balanced in two models; the equality model was followed in the French legal system and the ultimate equality system was identified in Shiite Jurisprudence. It is better to make intended amendments of Iranian legislator in each of the two forms and models and in a comprehensive family act, current legal fragmentation and dispersion of wife’s financial rights that led to its inefficiency is resolved.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
135
158
https://lawresearchmagazine.sbu.ac.ir/article_85764_3cffa855419213078a154b1d573fa077.pdf
dx.doi.org/10.29252/lawresearch.22.88.135
Comparative Study of Family Members’ Rights and Duties in Zoroastrianism and Islam
Kolsoum
Ghaznafari
Departmant of History, University of Tehran
author
Hosein
Badamchi
Dep. of History, University
author
Parvin
Davari
Dep. of History, University of Tehran
author
text
article
2020
per
Family is the foundation of social life and the cornerstone of the society. After marriage and family formation, each of the members, including the parents and children, is going to have special rights and duties towards one another. In Zoroastrianism after legal and official marriage, known as pādixšāyīhā zani, family members acquire certain rights. This type of marriage is much like permanent marriage in Islam, in which family members have certain rights and duties too. Conducting a comparative study, this article surveys the rights and duties of family members from the perspective of both Zoroastrianism and Islam, showing that there are many similarities between these two religions that might be an indication of the continuity between their traditions. Conducting a comparative study, this article surveys the rights and duties of family members from the perspective of both Zoroastrianism and Islam, showing that there are many similarities between these two religions that might be an indication of the continuity between their traditions.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
179
200
https://lawresearchmagazine.sbu.ac.ir/article_87130_b61c674fdc9b8af489f4977705b5e789.pdf
dx.doi.org/10.29252/lawresearch.22.88.179
Control Agreements In Venture Capital Contracts
mohammad
soltanii
استادیار دانشکده حقوق دانشگاه شهید بهشتی
author
Mohammad Taher
Azampour
Shahid Beheshti University
author
text
article
2020
per
Venture capital investment is one of the most important and most effective means of financing new businesses. In this type of investment, during the medium-term or long-term relationship with entrepreneurial enterprises while financing and providing management support for these types of businesses, investors terminate this relationship in different ways and exit the entrepreneurial enterprise at the time they find their benefits obtained. They seek to control and influence company decisions in order to maintain the capital and ensure the profit at the time of exit from investment. Given the fact that the amount of venture capital investment is generally less than 50% of the value of the entrepreneurial enterprise, the most important means of achieving this opportunity is to agree on the appointment of the board of directors and the protective provisions contained in the investment contracts, which are discussed in the present paper. It is concluded by providing an explanation of the legal materials governing joint-stock companies that the possibility of applying these agreements, in line with what is globally customary in the venture capital investment industry, is present in Iran as well.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
201
228
https://lawresearchmagazine.sbu.ac.ir/article_87449_bc2af194541bcf37d7616a50d43544a9.pdf
dx.doi.org/10.29252/lawresearch.22.88.201
Evaluation of ICAO Legislative Policies in Enhancing the Security of Aviation
Peyman
Namamian
uni
author
text
article
2020
per
Analysis of ICAO Legislative Policy-Making Against Terrorist Acts Peyman Namamian Assistant Professor of Law Department Arak University Abstract Since the start-up of aviation industry, illegal acts against aviation security have been among factors effective in creating widespread threats and challenges one of the most important of which is 11.09 events in terms of the extent of events. Global threats and transnational nature of this industry require global strategies to fight such challenges and threats, and need express and continuous attention as well as extensive cooperation by International Civil Aviation Organization (ICAO) and State Parties collectively. However, some achievements and success have been made by international community through global cooperation regarding criminalization of illegal acts against aviation security. On this basis, in addition to international institutions, societies and organizations, especially ICAO, all governments have attempted to codify and pass legal rules to confront threats and challenges caused by destructive effects of illegal acts against aviation security, including terrorism, at national levels. After all, given the growth of terrorist threatening acts against aviation security and the importance of providing security in this field, there should be proportional and effective punishments established for any acts committed in order to facilitate deterrence in this area in framework of ICAO policy-making to codify and pass international provisions. Therefore, present paper was intended to answer such questions as "How can threats and challenges caused by violation of aviation security be encountered?", "Are the contents of international regulations and instruments passed by ICAO sufficient to encounter threats facing aviation security?" and "Which operational mechanisms and executive strategies should be adopted to establish and enhance security at airports?" It should be noted that research methodology of present paper is exploratory – developmental regarding objectives stated, and is of library type regarding data collection. Key Word: Aviation industry, Aviation Security, Unlawful Acts Against Aviation, Industry, Terrorism, ICAO
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
229
260
https://lawresearchmagazine.sbu.ac.ir/article_87419_19be973856ccba9d350ac3101c26425d.pdf
dx.doi.org/10.29252/lawresearch.22.88.229
The Sanctions of Celebrities’ Image Rights in Iranian Law
feyzallah
jafari
استادیار حقوق دانشگاه بوعلی سینا همدان
author
Mehrnaz
Mokhtari
LLM in Private Law, Bu-ali sina University
author
text
article
2020
per
Nowadays, by the increasing positive impact of personality characteristics of celebrities on the attractiveness of goods and services, celebrities found the value of their economic image in commercial advertising, which made the sponsors more willing to conclude license contracts with them. In this area, celebrities’ rights are called “image rights”. The exploitation of celebrities’ image rights is logically in return for payment of costs under contract; however, there is possibility of unauthorized exploitation that cause celebrity to sustain loss and affect her/his economic interests. In some western countries, new institution called “Publicity Rights” has been recognized or the tools of intellectual Property Rights and Civil Liability have been used to protect image rights. In the Iranian legal system, due to insufficient coverage of Intellectual Property Law to this issue, this issue is vague and this may lead to injustice for celebrities. Because the unauthorized use of image rights of celebrities cause them financial and moral loss, which the belief to lack of prevention or lack of relief, is contrary to the general principles of law and morality. Thus, because of the lack of specific protection, to compensate their loss, celebrities can invoke to civil liability and tort law.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
261
288
https://lawresearchmagazine.sbu.ac.ir/article_87482_4354a24a682505be3d1a3d24f035eb71.pdf
dx.doi.org/10.29252/lawresearch.22.88.261
An inquiry about the concept of administrative justice
babak
baseri
عضو هیات علمی گروه حقوق دانشگاه آزاد اسلامی واحد شیراز ایران
author
text
article
2020
per
AbstractObjection of the administrative justice conception does not occur independently of the minds of percepts; therefore, this is the objectivity of a cognitive product which enables the object of the identifier to be in conjunction with its subject and is studied in the contractual context. A review of the administrative justice theory in the contractual context, based on institutionalized methodology, is similar to John Rawls, theory of justice, requires the consideration of three components of public interest, right and need as the aspects of administrative justice in the administrative law system. The public interest is a two-dimensional concept; the first aspect concerns the actions and decisions of a kind of government and public authority which often made through the regulation and statute of law. The second one is judicial review on such acts which are the supervisions of administrative courts on the interest of government and individual benefits. Therefore, the conflict between individual benefits and public interests in this aspect of administrative justice is more prominent. The concept of administrative justice on the right is determined in formal and substance dimensions. Administrative procedure and procedural code are the means of guaranteeing the right to respect the formal right. Obtaining case decisions, as well as investigating public’s claims to the actions and decisions of the authorities, are fundamentally the types of formal right. The third dimension of administrative justice is needed that appears in the right-claim and legitimate expectations in the legal system.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
289
314
https://lawresearchmagazine.sbu.ac.ir/article_87433_c6d18ca7151660eefb3541d8aae3747d.pdf
dx.doi.org/10.29252/lawresearch.22.88.289
The Position of Perpetrators of Terrorist Crimes in Acquiring the Status of Refugee
Fatemeh
Keyhanlou
Faculty of Law and Political Sciences, Islamic Azad University, Karaj Branch, Alborz, Iran
author
text
article
2020
per
The purpose of the 1951 Geneva Convention on the Status of Refugees is to provide international protection to those who have been deprived from national protection against persecution. International protection is the protection granted by any country other than the country of nationality or the country of residence (in the case of those not having a nationality). This protection is granted when the conditions set forth in 1951 Convention are met. Moreover, the Convention includes provisions to ensure that the refugee protection regime would not provide a cover for persons involved in serious not political crimes, crimes against humanity, crimes against peace, war crimes or acts contrary to the purposes and principles of the United Nations. In considering the status of terrorist criminals in the Refugee Convention, this article seeks to show that the perpetrators of terrorist crimes are covered by these regulations and could not benefit from refugee status.
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
315
337
https://lawresearchmagazine.sbu.ac.ir/article_87127_24d5162edf53b79077009f5f95929fa1.pdf
dx.doi.org/10.29252/lawresearch.22.88.315
The Effect of Retirement in the Investigation of the Offenses and Enforcement of Administrative Penalties
nekouie
mohamad
Ph.D. In private law , Shahid Beheshti university
author
text
article
2020
per
Legal Research Quarterly
Shahid Beheshti University
1024-0772
22
v.
88
no.
2020
338
362
https://lawresearchmagazine.sbu.ac.ir/article_87467_c38cab2070227c43bc7d48d6c07317ec.pdf
dx.doi.org/10.29252/lawresearch.22.88.338