https://lawresearchmagazine.sbu.ac.ir/ Legal Research Quarterly en daily 1 Sat, 21 Mar 2026 00:00:00 +0330 Sat, 21 Mar 2026 00:00:00 +0330 https://lawresearchmagazine.sbu.ac.ir/article_107074.html Editorial Spring arrived and the new solar year begun while our beloved Iran has been subject to brutal war attacks and the sacred sanctuary of Shahid Beheshti University, our second home, has been violated. But our research and scientific activities continued. Now Vol. 29 (113) of Legal Research is available for legal society and the interested researchers. In this issue the whole selected articles has been published after undergoing different phases of formal and substantive review, literary and technical editing and final page layout. In this regard, we appreciate all esteemed authors, who collaborated with us to complete the preparation process despite the existing hard situation, which led to the new issue publication.  During this period, Legal Research achieved second quartile (Q2) in the 2024 evaluation conducted by Islamic World Science & Technology Monitoring and Citation Institute (ISC) while moving up three steps. Moreover the impact factor of the journal has been experiencing a progressive trend. Journal's team tries to improve its performance and upgrade qualitative indicators, while providing appropriate legal content for distinguished readers, to achieve first quartile (Q1). In this path, we need the respected authors' cooperation to comply with formal guide and preserve scientific and research components in articles and modestly ask the reviewers to share their valuable and scientific comments with us to move forward in countries' legal literature development.The first article of this issue No. 113 is dedicated to "Animals as Potential Parties to Rights: An Examination of the Legal Systems of Iran and France from an Eco Centric Perspective". This article studies animal law through two main and fundamental approaches including utilitarian and rights-based which investigates the historical evolution of animal law. This research is based on the hypothesis that guaranteeing the right to a balanced and healthy environment requires moving toward a comprehensive perspective which views humans alongside the environment. Therefore interested researchers may access to novel analysis in this field regarding authors' point of view. Moreover this issue of Legal Research encompasses articles in various areas including International Law, Law & Morality, Arbitration Law, Islamic Law, Women Law, Family Law, Competition Law, Energy Law, Criminal Law & Criminology, Contracts Law and Public Law containing articles from esteemed and prominent authors aiming to provide readers with appropriate content in different legal fields.  We respectfully request the authors to fully study the journal's guidelines before submitting their articles to get informed of the journal's formal and substantive requirements. This leads to time reduction in evaluation and review process and prevents the prolongation of initial formal review before substantive review. We desire that the review process be completed in a reasonable and standard time however the initial formal and structural deficiencies of some articles hinder the achievement of this goal. We strive to publish the journal's issues on time and consistently, despite all difficulties to play our constructive and efficient role and develop the existing legal literature with our respected audience as part of our social responsibility. Please share any suggestions and criticisms with us via journal's email address, law.res.mag@sbu.ac.ir.         Mansour AminiEditor in Chief of Legal Research https://lawresearchmagazine.sbu.ac.ir/article_60952.html Land reform program, as the most comprehensive and serious governance action in the history of Iran's agriculture, had wonderful effects on agrarian system. Destroying the landlord-peasant system is a rational instance of it. Property of state belonged to government which performed the land reform in which the farmer's condition is similar to other farmers on other lands (appropriative and private property). Summary got coordinated with reform program with delay. This property had various claims (Proprietor and The owner Nsq). Dissimilarities of people's rights along with variety of summaries (garden, land, buildings, and aqueduct) caused a trivial inflation in government law making procedure. Analyzing these laws was essential for understanding the performance of land reform in this group of properties. This later necessity indicates that 'time' plays a vital role in the consideration of these rules.in other word,The rules of the ruling in this property belonged to the " time" of rules. Key words: land reform, agrarian system, landlord-peasant land reform, agrarian system, landlord-peasant https://lawresearchmagazine.sbu.ac.ir/article_105266.html Abstract Introduction In the face of increasing environmental and ethical crises, human societies are forced to reconsider their relationship with nature, animals, and the environment. This shift in perspective has led to the emergence of various legal and philosophical approaches to animal and environmental rights. One of the most prominent of these is ecocentrism, which challenges the traditional anthropocentric (human-centered) worldview. Unlike anthropocentrism, which values nature and animals only in terms of their utility to human beings, ecocentrism ascribes intrinsic value to the natural world, independent of human interests. This ideological transformation, which gained momentum in the 1970s under the influence of postmodern theories, has shaped the discourse in both philosophical and legal realms. Philosophers such as Peter Singer, Tom Regan, and Gary Francione have played crucial roles in critiquing human-centered legal and moral systems while advocating for the rights of animals.At the heart of this transformation is the recognition of animals as beings deserving of moral and legal consideration. This research investigates the evolution of legal frameworks and philosophical perspectives on animal and environmental rights in two countries—“France” and “Iran”. These countries, despite being geographically and culturally distinct, both face critical challenges in incorporating the rights of animals and environmental protections into their legal systems. This paper explores the steps taken in these two countries towards nature-centered legal frameworks and provides a comparative analysis, highlighting both the progress made and the obstacles that remain. The primary goal of this research is to conduct a comparative analysis of the philosophical and legal developments surrounding animal and environmental rights in France and Iran. The paper aims to achieve the following objectives: 1. To explore the historical development of animal rights and environmental protection laws in both countries, emphasizing the shift from anthropocentrism to ecocentrism. 2. To analyze the influence of philosophical theories, particularly those of Peter Singer, Tom Regan, and others, on the evolution of animal rights discourse. 3. To assess the progress made in recognizing animals as subjects of rights, particularly the legal personhood of animals and nature. 4. To examine the challenges faced by Iran in adopting laws for the protection of animals and the environment, especially considering its traditional legal system and cultural attitudes toward nature. 5. To identify global trends in animal and environmental rights and assess their impact on national legal systems, with a focus on countries like France, which have pioneered the integration of animal welfare into their constitutional and legal frameworks. This research also aims to provide insights into how shifting philosophical paradigms, such as posthumanism, have influenced the development of laws that recognize the rights of animals and nature. The paper further explores the implications of these legal reforms for environmental justice and ecological sustainability. Methods This research is primarily conducted using a”comparative” and “documentary analysis” approach. The study compares the animal rights and environmental protection laws in France and Iran by analyzing a wide range of legal texts, academic publications, and case studies. The research also investigates the philosophical foundations that underpin the legal frameworks in both countries. In France, the legal system has gradually incorporated the welfare of animals and the protection of nature into its constitutional and legislative frameworks, particularly with significant developments in the 20th and 21st centuries. In contrast, Iran's legal system has struggled to adopt similar reforms, largely due to its anthropocentric tradition and limited public discourse on animal rights. Philosophically, the paper examines the works of key thinkers in the field of animal ethics, including”Peter Singer”, who argues for the moral equality of humans and animals, and “Tom Regan”, who posits that animals have inherent value and are entitled to certain rights. The study also explores “Gary Francione's” arguments against animal exploitation and his call for the abolition of practices that treat animals as commodities. Furthermore, the research highlights the contributions of philosophers like “Aldo Leopold” and “J. Baird Callicott”, who have emphasized the intrinsic value of nature in the context of ecocentric ethics. The research also examines legal reforms in Europe, particularly the “European Union”'s efforts to integrate animal rights and environmental protections into its policies, and compares these developments with the legal landscape in Iran and France. Results and Discussions The findings of this research indicate significant progress in both”France” and”the European Union” regarding the recognition of animal rights and the protection of nature. France, for example, has enacted various laws to protect animals, but animals are still largely treated as "objects" under the law, rather than legal "subjects." Although France introduced some legal reforms starting from the “Grammont Law of 1850” and further advanced in 1976 with the recognition of animals as sentient beings, much remains to be done in terms of granting legal personhood to animals. In 2004, the”Charter for the Environment” was adopted in France, marking an important step toward integrating environmental protections into the French Constitution. However, the legal status of animals remains insufficient, and the legal system still views them primarily as property rather than beings with legal standing or rights. In “Iran”, the situation is more challenging. While the “Constitution of Iran” includes certain environmental principles, there is limited legal protection for animals, and they are generally regarded as “movable property”. This reflects a broader cultural attitude that views nature and animals as resources to be exploited rather than as entities deserving of intrinsic value. Despite some recent advancements, such as the introduction of “green victims” and criminalizing environmental damage, there is a lack of cohesive and comprehensive legal frameworks for animal protection. Internationally, the “European Union” has been at the forefront of integrating animal welfare into its legal structure. The”Treaty of Lisbon” (2009), specifically “Article 13”, recognizes animals as sentient beings and mandates that their welfare be considered in the formulation of policies. The “EU's Farm to Fork Strategy” aims to reduce the environmental impact of food production and supports animal welfare as part of its broader sustainable development goals. These legal advancements have influenced global trends and have been cited by animal rights activists and legal scholars in advocating for broader recognition of animal rights and ecological justice. Furthermore, legal personhood for nature is gaining traction in some jurisdictions. For example, “Ecuador's 2008 Constitution” recognizes nature (“Pachamama”) as a subject of rights, and”New Zealand” has granted legal personhood to the “Whanganui River”. Such legal innovations challenge traditional anthropocentric frameworks and open new possibilities for the recognition of nature as a rights-holder. Conclusion This research concludes that both “France” and “Iran” must shift from anthropocentric to ecocentric legal frameworks. While France has made some progress in integrating animal rights into its legal system, animals are still treated as property under the law. Iran, on the other hand, faces more significant challenges due to its traditional legal system and limited recognition of animal rights. The adoption of ecocentric principles in legal systems, including the recognition of animals and nature as subjects of rights, is crucial for achieving environmental sustainability and ecological justice. The global movement toward recognizing the intrinsic value of nature and animals, as seen in legal reforms in the “European Union”, “Ecuador”, and “New Zealand”, provides a hopeful precedent for other nations. By recognizing the rights of animals and nature, societies can ensure a more just, sustainable, and harmonious relationship between humans and the environment. This paradigm shift is not only a moral imperative but also a necessary step for achieving long-term ecological balance and justice for all living beings. https://lawresearchmagazine.sbu.ac.ir/article_105742.html The conclusion of the Westphalian treaties in 1648 caused a new structure to become an intergovernmental society (Nation-State). The intergovernmental nature of the international society underwent changes over time and led to the birth of new entities called international organizations alongside the governments. Then, as a result of the evolution of the law of international organizations, we are now faced with new entities, which are referred to as soft international organizations, that, compared to hard organizations, deal with emerging issues in the field of the international legal system that amongst we can refer to the conceptualization, legal personality, elements and challenges facing these organizations. Therefore, the questions of the current research are what organizations are called soft international organizations; what is their legal status and what are the effects on them? For this purpose, it has been tried to answer the aforementioned questions with the descriptive-analytical method and the method of collecting information in the form of a library. Finally, the authors conclude that all the challenges that exist in the position of soft international organizations have arisen as a result of comparison with hard organizations, and a definitive answer cannot be given to all of them. Rather, it should be investigated and concluded on a case-by-case basis and according to the rules and regulations governing that organization. https://lawresearchmagazine.sbu.ac.ir/article_69349.html the sake of justice and fairness, the right of the consumer to have a good deal, which is construed as the right to bargaining, is to be considered. Is located. Accordingly, in the European Union, with an economic approach, it is the patient who receives the drug as a consumer of the highest degree of satisfaction and desirability. Therefore, a consumer drug must give the patient the highest degree of satisfaction with the cost paid for the drug and the consumer can negotiate with the manufacturer in order to expand his / her growth, and the contract will not be imposed on him / her. In Iran's law, the creation of a balance has been of interest to the legislature, and has also approved the consumer protection law; however, this new right has been neglected in the same law and similar laws; however, it should be acknowledged that the basis of this right For the consumer of medicinal products in Imamieh jurisprudence, special attention has been paid to the legitimacy of the right to bargaining in the jurisprudential basis, but in jurisprudence, after the conclusion of the contract, the right to bargain for the consumer about the drug being traded And this right can only be applied at the time of the pre-contract negotiations, so it is recommended that the legislator in the law This separation, which protects consumers of medical products, recognizes this right at pre-contractual times and supports the consumer with the necessary enforcement guarantees. https://lawresearchmagazine.sbu.ac.ir/article_105157.html IntroductionThe revival of virtue ethics as one of the important moral theories in recent decades caused the formation of virtue jurisprudence that focuses on human flourishing among the concerns of Law. The teachings of this theory have attracted the attention of scholars of criminal Law in different realms. Focusing on character traits, the role of habituation, and the significance of learning the quiddity of values in the habituation of virtues to become a state of character, has effects on criminal responsibility. This moral theory takes a different approach to ignorance of the law as a cause that can remove blame from ignorant agents compared to legal perspective and provides a different reading of ignorance of the law. Consequently, a new perspective on the bases and qualifications of blaming the behaviors that stem from ignorance. In this theory, education is critical in character formation and the acquisition of moral virtues and vices. Also, in evaluating the contribution of the moral agent in the formation of his character and how to confront him for his actions, the manner of his moral education in childhood and his intrinsic traits are considered. So, analyzing the stages of people’s moral development is very important. The aim of this research is to provide a basis for legislator in dealing with agents who are ignorant of criminal laws.  In this regard it seeks to answer to following questions: What role dose ignorance of moral universals play in determining the blameworthiness of behavior? What challenges arise in this context? If there is not any excuse and the agent is involved in ignorance under specific momentary circumstances, what will be the appropriate response to his wrongful conduct? MethodsGiven that the subject of the research is interdisciplinary, basic and analytical, this research has been conducted using descriptive-analytic manner and along with a philosophical approach. Since this research, due to its philosophical nature, pertains to fundamental theoretical issues and Also, because philosophical discussions describe and ultimately analyze existing viewpoints, the data collection method is library-based. It is important to elucidate how to deal with agents acting in ignorance and to provide a normative criterion for legislators to deal with such agents. To consider agent’s character and the conditions of their moral development, this study first provides an explanation of ignorance of moral universals. Then the study examines the role of ignorance of moral universals in the blameworthiness of behavior in the form of a general rule and its exceptions, with attention to the stages of moral development and explore the legal implications of this analysis. Finally, the study presents the conclusions drawn from of applying the teachings of virtue ethics to ignorance. Results and DiscussionsAccording to virtue ethics theory, actions stemming from ignorance of moral universals and the law are assumed to be voluntary. This is supported by Aristotle, a progenitor of virtue ethics, that the wrongful actions of vicious agents are blameworthy, although are performed in ignorance of universals. Consequently, wrongdoing resulting from such ignorance is deemed blameworthy, provided that the agent’s upbringing and education offered adequate opportunity to learn how to act rightly. Nevertheless, there are instances in which a moral agent commits a wrongful act under circumstances that temporarily hinder his access to knowledge of moral and legal norms—for example, when acting out of anger or under the influence of intoxication. The wrongdoing of such an agent merits less moral blame than that of an agent whose ignorance stems from an enduring state; because the former agent does not suffer from complete ignorance; whereas the later agent is ignorant in a sobriety state. By contrast, if people’s moral education interferes with their emotional development and damages their moral perception, or if they are not provided with the opportunity to experience virtuous action, it will be a reason to remove blaming for their immoral and criminal actions. Also, the difficulty of deliberation in ambiguous circumstances and the persistent ignorance that happens even for virtuous agents who are eager to learn moral and legal principles will remove blame from ignorant agents. It is because such people don’t have any defect or evil in their character due to a lack of access to their understanding of goodness or due to the incompleteness of their knowledge. In fact, when moral perception is impaired due to deficient education, it can incapacitate the agent of true perception of societal values. This factor, in its turn, makes the agent to be unable to understand that his action is wrong. Furthermore, exposure to morally ambiguous circumstances can hinder the agent's ability to correctly apply moral principles or legal rules to concrete instances. It is important to recognize that moral knowledge is perfected through experiential learning, and no individual possesses a prior knowledge of the full spectrum of moral values. In fact, Exceptions to removing blame from ignorant agents are based on the difficulty in knowing, not the impossibility; For this reason, applying the teachings of this theory make more ignorant offenders out of the realm of blameworthy. ConclusionBased on the research findings, it seems that individuals who commit immoral or criminal acts due to drunkenness or any momentary state are less blameworthy than individuals who commit such acts whereas they are attentive. Therefore, it is appropriate for the legislator to consider a milder reaction in cases where drunkenness causes ignorance of the law. It is also suggested that the legislator consider harmed moral perception, deficient moral development, the difficulty of deliberating, and perpetual ignorance as grounds for removing criminal blame. Consequently, applying the teaching of virtue ethics, can offer valuable normative insights for legislators about ignorance of law. https://lawresearchmagazine.sbu.ac.ir/article_80376.html AbstractIn all countries, one of the most important and most essential tasks of the government is to provide public services to citizens. Of course, for public services, there are public activities that are provided through public or private institutions at public expense under government supervision. From services ranging from education to health care, social security, economic infrastructure and utilities, everyone is in this category. If the government does this task with efficiency and effectiveness measures, it would have contributed to the development of the country, and if it did not make it easy and effective, it would not result in prosperity and development, Provides financial support and enhances and expands corruption. Afghanistan, after the collapse of the Taliban regime and the enormous presence of the international community in the country, has provided a great opportunity to provide such services to its citizens, in order not only to provide the basic needs of the people But could, by using the resources provided and in the framework of procurement contracts, design and implement basic infrastructure projects for the stability, prosperity and economic development of the country. But unfortunately, it did not happen. https://lawresearchmagazine.sbu.ac.ir/article_105215.html Introduction:The proliferation of international judicial bodies has raised concerns about the integrity and coherence of international law. For instance, the International Criminal Court (ICC) could, through its decisions, apply principles and rules of international law in ways that diverge from the jurisprudence of the International Court of Justice (ICJ). This article asks whether the ICJ has superior persuasive authority over the ICC in the interpretation and application of the sources of international law—treaties, customary international law, and general principles of law. It hypothesizes that, given the ICJ’s institutional position in treaty interpretation, the identification and determination of customary international law, and the identification of general principles, ICJ jurisprudence exerts superior persuasive authority on the ICC. Existing scholarship has addressed inter-court relations at a theoretical level and has briefly considered aspects of the courts’ respective practices. However, there is no systematic study of the relationship between the ICJ and the ICC, or of the extent to which ICJ jurisprudence influences ICC practice. Accordingly, this article conducts an empirical examination of both courts’ jurisprudence to identify potential ICJ influences on ICC reasoning and to assess the hypothesis.Methods:This article employs an empirical method, combining quantitative and qualitative analyses of ICC judicial practice. Here, “empirical” refers to the systematic quantitative and qualitative examination of international judicial decisions to identify structural patterns, recurrent formulations, sequencing, and modes of legal reasoning. Twenty ICC decisions were selected for analysis. All instances relating to the interpretation and application of the sources of international law were identified, compared, and coded. Coding was conducted in three modes: (1) by reference to the specific ICJ advisory opinion or contentious judgment cited by the ICC; (2) by reference to the relevant source of international law and the corresponding ICJ findings; and (3) by reference to patterns of reliance (e.g., repetition, recency, and the placement of ICJ authority within the ICC’s reasoning).Results and Discussion:The principal finding is that when the ICC has sought to interpret and apply principles and rules of international law, it has done so by reference to ICJ jurisprudence. The ICJ plays a pivotal role in authoritative treaty interpretation, and the ICC has effectively acknowledged this role by relying on ICJ case law when interpreting instruments such as the Genocide Convention and the United Nations Charter. The analysis further shows that the ICC applies a wide range of customary rules—ranging from immunities to customary rules reflected in instruments such as the 1899 and 1907 Hague instruments—as well as interpretive rules (Articles 31 and 32 of the 1969 Vienna Convention on the Law of Treaties) and general principles of law derived from domestic legal systems and international law, through explicit reference to ICJ jurisprudence. Although the ICC retains full discretion in evaluating evidence and facts, where the ICJ and the ICC address facts arising from the same situation, the ICC refers to the ICJ’s factual findings and, in some instances, even to the dispositif of ICJ judgments. This practice suggests that the ICC treats these elements of ICJ decisions as highly persuasive. Moreover, where the ICC applies principles and rules of international law, it does so in a manner consistent with ICJ jurisprudence and engages relevant ICJ decisions and opinions. For example, when applying the principle of good faith reflected in Article 26 of the 1969 Vienna Convention on the Law of Treaties, the ICC relies on ICJ jurisprudence. While the ICC sometimes cites scholarly writings (doctrine) to support the proposition that treaty-interpretation rules form part of customary international law, these doctrinal references do not undermine the ICJ’s superior persuasive authority, insofar as such scholarship itself relies heavily on ICJ case law. In this sense, doctrinal citations in ICC practice often function as a vehicle for elaborating and systematizing ICJ judicial reasoning. Finally, the ICC’s reliance on ICJ jurisprudence appears purposive, which further supports the claim of superior persuasive authority. “Purposive” reliance refers to patterns that mirror the ICJ’s own approach to precedent: (1) repeated citation of earlier decisions to emphasize the court’s contribution to a rule’s development; and (2) citation of the most recent relevant decision to demonstrate the continuing validity of an established rule. The ICC’s citation patterns—particularly regarding immunities and the right of self-determination—suggest that the ICC recognizes the ICJ’s distinctive role in the development of international law.Conclusion:This article demonstrates that, contrary to the view that invoking a court’s theoretical authority is unhelpful, ICJ jurisprudence functions as a superior persuasive authority for the ICC in the determination, interpretation, and application of international law. The ICJ may possess similar persuasive authority for other international judicial bodies, but establishing that broader claim would require separate empirical research of a comparable kind. The article does not argue that empirical methods are inherently superior in international legal research. Rather, given the limited number of studies employing such methods, it contends that empirical analysis is particularly well suited to identifying patterns of practice and institutional behavior and can complement theoretical approaches in developing and substantiating legal arguments. https://lawresearchmagazine.sbu.ac.ir/article_82567.html The protection of consumer rights should be seen as the existence of associations protecting their rights, which are intended to ensure the protection of consumer rights. Consumers' associations and associations have characteristics such as non-governmental, nonprofit, peoples, voluntary, and legal entities, according to which in the laws of the states, they are considered to have obligations to protect the rights of patients to Consumer title for pharmaceutical and therapeutic products. Commitments such as resolving disputes between the consumer of pharmaceutical products and the manufacturer of these products, providing necessary training and counseling services, criticizing the quality and composition of pharmaceutical products and how they are supplied, litigating on behalf of patients as an unrelated consumer of production Non-standard and insecure products of the drug, raising awareness and increasing the level of knowledge of consumers through the implementation of educational programs and advising patients, proposing relevant and relevant rules to support patients as consumers of these products, as well as providing strategies. And monk The operating procedures for the implementation of the laws related to the consumer rights of pharmaceutical products, which are based on these associations in Imamiyya jurisprudence, can be applied to the cooperative for goodness and goodness, according to which individuals should assist and assist each other in good and bad manner. In this regard, it should be cited by the general public in support of poor people that patients should be supported by the sponsoring institutions as advisable to consumers of pharmaceutical products. https://lawresearchmagazine.sbu.ac.ir/article_106408.html IntroductionArbitration, as a highly effective ADR mechanism, is fundamentally predicated upon the impartiality and independence of the arbitrators. The right to select a party-appointed arbitrator affirms the parties' autonomy, enabling them to choose an individual competent in terms of expertise, legal culture, and familiarity with the subject matter. While competence is key, it is recognized that parties will seek to nominate an individual with some degree of inclination or empathy towards their position; an alignment often based on shared legal philosophy or industry understanding rather than improper partiality. This raises the central question in three-member arbitrations: Should party-appointed arbitrators (PNAs) be held to the identical standards of impartiality and independence as the presiding arbitrator? Two dominant views exist: The Value-Based View (UNCITRAL Model Law, European systems) emphasizes absolute impartiality for all, viewing any bias as a threat to integrity due to the adjudicative nature of the role, treating any PNA as a "private judge" from the moment of appointment. The Pragmatic View (American law) argues that the panel's purpose is to achieve balance through arbitrators somewhat aligned with the parties’ positions. This approach holds that requiring absolute impartiality from party-appointed arbitrators negates the benefit of the three-member structure—ensuring that each party’s arguments are thoroughly understood and forcefully articulated during deliberations, acting as a guarantor of a complete hearing within the panel itself. The existing research lacks a comprehensive comparison of standards applied to sole versus joint arbitrators. This study aims to examine the criteria for impartiality and independence of the party-appointed arbitrator in light of these dual approaches, determine their analytical foundations, and assess the feasibility of accepting a different, more flexible criterion for party-appointed arbitrators despite the prevailing standard of uniformity. MethodsThis research employed a descriptive-analytical method involving a thorough review of relevant laws and legal ideas. The primary sources included international and national arbitration laws (UNCITRAL Model Law, national statutes), institutional arbitration rules (ICC, LCIA, and AAA), and pertinent legal doctrine concerning arbitrator ethics and criteria. The research structure first involved an introductory discussion of the mechanism of appointing a party-appointed arbitrator and its relationship with party autonomy. This was followed by a comprehensive review of how different legal systems address the criteria of impartiality and independence for these arbitrators. The analytical foundations supporting the value-based and pragmatic perspectives were scrutinized and compared, including an assessment of the risks (such as award annulment or challenges to enforcement) associated with each approach. Finally, practical examples illustrating different standards and methods for managing and adjusting the alignment of party-appointed arbitrators—such as the role of robust disclosure—were examined to draw practical conclusions. The comparison of theoretical foundations and practical outcomes guided the final analytical conclusions. Results and DiscussionsAnalysis reveals a strong prevalence of the value-based view in international frameworks, which requires identical standards of impartiality and independence for all panel members, citing the arbitrator's judicial function. This uniform standard is favored for its clarity and the perceived lower risk of challenges to the award's legitimacy in enforcement proceedings. However, the pragmatic view holds that reasonable alignment (often termed "non-neutrality" in US domestic arbitration) is inherent and acceptable for party-appointed arbitrators, provided it does not escalate to overt bias or a lack of objective judgment. This distinction is critical: "reasonable alignment" refers to an intellectual predisposition, whereas "overt bias" implies a closed mind or a failure to weigh evidence objectively. Rules by the AAA in domestic arbitration explicitly permit party-appointed arbitrators to lack strict neutrality, acknowledging the practical need for a panel member attuned to a party’s case, provided this status is fully disclosed to all parties beforehand. The study concludes that strictly applying the same high standard of impartiality to party-appointed arbitrators as to the presiding arbitrator can undermine the fundamental purpose of the three-member panel—the guarantee of effective internal advocacy for each party’s position. The pragmatic view posits that the Chair benefits from this internal advocacy, as it ensures the final decision has considered the strongest possible articulation of both sides. The presence of a demonstrably independent and impartial joint arbitrator (the Chair) is a critical safeguard that structurally ensures fairness in the final award; the Chair acts as the fulcrum, ensuring that the PNA's alignment does not corrupt the deliberative process but merely informs it. Therefore, the acceptance of reasonable alignment for party-appointed arbitrators, while maintaining the absolute standard of independence (no financial, professional, or personal ties), is a beneficial approach. It contributes to the formation of a proportionate arbitration panel and ultimately increases the quality of proceedings by guaranteeing that each party’s arguments are thoroughly scrutinized and presented during the panel’s deliberations. ConclusionThis research concludes that while the standard of absolute independence must be uniformly applied to all arbitrators, a slight differentiation regarding the standard of impartiality for party-appointed arbitrators is both inevitable and desirable. By allowing for a degree of "reasonable alignment" (short of actual bias or a failure to disclose, and provided the PNA continues to engage judicially with the evidence and arguments), the arbitration process successfully balances the value-based need for integrity with the pragmatic need for effective representation within the panel. Adopting this differentiated standard, which relies heavily on the robust impartiality of the Chair as the ultimate guarantor of fairness, will enhance the quality of deliberation and reinforce the parties' confidence in the panel's ability to thoroughly understand and adjudicate their complex dispute. This nuanced approach recognizes the practical reality of party appointments while refusing to compromise the essential structural integrity required for a just outcome. https://lawresearchmagazine.sbu.ac.ir/article_105990.html Introduction Violence is a phenomenon with a profound impact on human relations. Islam emphasizes the prohibition of violence and values such as dignity, justice, peace, and peaceful coexistence. The negation of violence in Islam aligns with the inherent dignity of human beings and ethical values. However, certain interpretations of Islamic penal laws might appear violent, posing challenges to understanding Islam's approach to punishment, especially in light of human rights criticisms. Some jurisprudents have even prevented the implementation of certain punishments. This study aims to establish the negation of violence as an independent juristic rule within Islamic jurisprudence, by referring to detailed jurisprudential evidence. It seeks to clarify ambiguities, define criteria for illicit violence, explore its jurisprudential foundations, and analyze the flexibility of Islamic penalties.MethodsThis research employs a descriptive-analytical approach to examine the jurisprudential and philosophical foundations of the negation of violence in Islam. First, the concept of violence and its identifying criteria are analyzed, distinguishing between value-laden and non-value-laden approaches. The criteria for identifying instances of violence are based on divine principles (inherent human dignity) and the role of custom. The distinction between "descriptive violence" and "attributive violence," as well as "fixed principles" (divine legislation) and "variable manifestations" (implementation across time and space), is also explored. The foundations of negation of violence are investigated based on Quranic evidence (prohibition of killing, inherent human dignity, justice, peace) and narrations (hadith on moderation and hadith on the easy and tolerant Hanifiyyah). Furthermore, the overarching principles of divine mercy and compassion, and the rule of forbidding alienation from religion, are analyzed from various jurisprudential perspectives. The research posits that penal laws are subject to divine objectives and real expediencies, thus possessing flexibility in implementation and manifestation according to temporal and spatial requirements. This study seeks to establish the rule-making of negation of violence in Islamic jurisprudence.Results and Discussions The findings indicate that the negation of violence in Islam is not merely an ethical recommendation but a deeply rooted and operative juristic rule derivable from detailed Islamic evidence. This rule rests on two main pillars: "inherent human dignity" and "the sublime objectives of Sharia" (including mercy, justice, and human expediencies). Violence is defined as any harmful act involving coercion and an intent to destroy (physical, psychological, or spiritual). In identifying instances of violence, divine criteria (such as the verse "And We have certainly honored the children of Adam") and the role of sound societal custom are central. Any behavior deemed by sound custom as causing harm or insulting human dignity can be an instance of violence. At the foundational level, the Holy Quran prohibits killing ("whoever kills a soul...it is as though he had killed all mankind") and any aggression against others' rights. The principle of inherent human dignity (Quran, Surah Al-Isra, verse 70) negates any act violating human dignity. This dignity is a divine, inalienable gift, not forfeited by crime or sin. The Quran also emphasizes justice, benevolence, and peace, all of which are prerequisites for the negation of illicit violence. From the perspective of narrations, the hadith "We, the prophets, were commanded to deal leniently with people..." emphasizes the obligation or strong recommendation of leniency, and the hadith "I was sent with the easy and tolerant Hanifiyyah" indicates compassion and ease in Islam. A fundamental principle governing Sharia is divine mercy and compassion (Quran, Surah Al-Anbiya, verse 107), which frames the ultimate goal of punishments not as mere infliction of pain, but as ensuring public welfare and deterring corruption. This principle dictates that punishment implementation must consider proportionality, preservation of human dignity, prioritization of reform, and justice. The rule of forbidding alienation from religion and preserving Islam's image is another critical foundation for the negation of violence. Any act that causes aversion to Islam is prohibited; this rule reveals Sharia's objectives and correct understanding of primary rulings. Jurisprudents like Mirza-ye Na'ini and Imam Khomeini (RA) emphasized the influence of time and place on rulings and the necessity of Ijtihad (independent reasoning) considering contemporary exigencies. The conduct of the Ahl al-Bayt (AS) also shows instances where they prevented or altered punishments when their execution did not serve the true intent of the Legislator. The hadith "Ward off Hudud from Muslims as much as you can..." underscores caution in matters of life and preferring clemency over punishment in doubtful cases.ConclusionThe negation of violence in Islam, as an independent juristic rule, is firmly grounded in "inherent human dignity" and "the sublime objectives of Sharia." The ultimate criterion for judging punishments as violent is the simultaneous assessment of divine texts and custom-driven expediency. Islamic penalties, though rooted in religious texts, are flexible in their implementation, considering custom, expediency, and human dignity. This flexibility stems from the divine wisdom that human understanding of expedience and harm evolves over time. Islam's particular caution in penal laws, given the sanctity of life and human dignity, and the Quran's emphasis on repentance, forgiveness, and mercy, demonstrates the prevalence of Islamic compassion. Therefore, rulings perceived as violent do not fulfill the Sharia's objectives and are not truly intended by the Legislator, which underscores Islam's comprehensiveness and eternity. The findings indicate that Islam opposes direct and indiscriminate violence, basing its penal policy on preventing the spread of crime. The existence of alternative reform-oriented mechanisms (such as proportionate discretionary punishments, amnesty, and reconciliation) alongside severe punishments further confirms this tolerant and justice-oriented approach. Based on these findings, transforming the rejection of violence into an independent rule in Islamic jurisprudence is an inevitable necessity for protecting the integrity of Islam and strengthening the foundations of justice and social peace. https://lawresearchmagazine.sbu.ac.ir/article_106708.html Introduction Although sibling relationships constitute one of the most significant determinants of children’s development, in many jurisdictions the traditional orientation of family law in post-separation custody arrangements has primarily been directed toward regulating the relationship between parents and each child, with the preservation of sibling ties frequently overlooked by legislators. Yet, in contexts of family disruption, sustaining sibling relationships may alleviate, at least in part, the hardship and adverse consequences of parental separation. The significance and protective potential of sibling bonds have progressively prompted legal systems to acknowledge the necessity of safeguarding such relationships, such that the historical neglect of siblings within family law is gradually being redressed. The emergence and consolidation of the “best interests of the child” principle, as embodied in Article 3 of the UN Convention on the Rights of the Child, has undoubtedly played a central role in this shift of perspective. Against this backdrop, the present article examines and comparatively analyses the legal frameworks governing the preservation of sibling co-residence in custody disputes in the legal systems of France, the United States, and Iran.MethodsThe present study employs a doctrinal and descriptive–analytical method, conducted through a qualitative approach and based on the collection of data from library and documentary sources. To this end, in addition to relying on authoritative scholarly materials within each of the legal systems examined, the study also explores recent legislative developments and the practical application of legal rules through the analysis of judicial decisions, so that the inquiry does not remain confined to black-letter law. In Iranian law, alongside reference to certain jurisprudential dimensions of the subject and recent legislative developments, particular emphasis is placed on judicial practice; accordingly, selected decisions are examined and interpreted with a focus on the manner in which judges invoke the best interests of the child to safeguard co-residence among siblings. Furthermore, the study is structured on a comparative basis and, by juxtaposing the three legal systems under consideration, seeks to assess the position of each system in relation to the others in addressing the preservation of sibling relationships in custody disputes. Finally, relying on the doctrinal and comparative findings, the study advances proposals aimed at improving and strengthening the custody rules in Iranian law.Results and discussionsThis study demonstrates that, across the three legal systems under examination, the capacity to protect the co-residence of siblings in custody disputes exists, albeit to varying degrees and through distinct institutional mechanisms. In French law, the legislature institutionalized the principle of “non-separation of siblings” in 1996 through Article 371-5 of the Civil Code. On the basis of this principle, the separation of siblings is permissible only where co-residence is impossible or incompatible with the child’s best interests. Protection of sibling relationships in France is not confined to the field of custody; it also extends to domains such as adoption, placement in educational institutions, and social welfare arrangements. Accordingly, in this legal order, preserving sibling co-residence upon parental separation rests on a statutory foundation. That said, the principle is rebuttable, and the judge may depart from it, where duly justified by considerations relating to the child’s interests, such as specific therapeutic or educational needs or severe incompatibilities. In the law of the United States, the issue of sibling co-residence following parental divorce is typically addressed within the framework of “split custody.” Under this arrangement, each parent assumes physical custody of one or more children individually, while custody of the remaining child or children is allocated to the other parent. In recent years, sensitivity toward maintaining sibling co-residence has likewise increased within this system. Although split custody, particularly where the parents so agree, is accepted in certain cases, in many states the separation of siblings is regarded as exceptional, and orders to this effect require compelling justification. The states, however, are not uniform in the degree and mode of protection afforded to sibling co-residence: some have established a formal presumption against separation, whereas in others judges prevent the division of siblings through the interpretation of the child's best interest standard. In Iranian law, although no explicit rule has been enacted concerning the continuity of sibling co-residence following parental divorce, recognition of the “best interests of the child” in the Note to Article 1169 of the Civil Code and Article 45 of the Family Protection Act has created an important legal basis in this regard. On this foundation, the judge may, upon establishing that it is in the child’s interest, refrain from separating siblings and consolidate their custody with a single parent, particularly where co-residence contributes to their emotional well-being, psychological stability, and social development. This approach is also consistent with the jurisprudential foundations of custody under Islamic law. A review of judicial practice indicates that the best interests principle has, in fact, been invoked by certain thoughtful and holistic-minded judges in order to preserve sibling co-residence. Moreover, Article 29 of the Family Protection Act has introduced an additional mechanism enabling the establishment of visitation rights between siblings in cases of separated custody, an innovation that merits greater judicial attention.conclusion the shared emphasis on preserving sibling co-residence in custody disputes reflects the emergence of a convergent understanding of the child’s best interests across different legal systems and may serve as a foundation for the further development of comparative research and the utilization of other jurisdictions’ experiences. In other words, by relying on the existing practical convergences among the three legal systems, the present study, moving beyond purely case-based analysis and with a methodological reflection, argues that comparative legal studies, at least within certain domains of family law, may be regarded as both legitimate and fruitful. This study recommends that the Iranian legislature, consistent with the practice of certain other jurisdictions, identify, on an illustrative basis, the principal factors for assessing the child’s best interests in custody disputes, and that this list expressly include the preservation of meaningful contact and effective interaction with siblings. In such cases, the judge should weigh each factor, including sibling co-residence, in light of the best interests principle and the interaction of the remaining considerations, and render a decision that secures the greatest attainable benefit for each child. https://lawresearchmagazine.sbu.ac.ir/article_87149.html The conclusion of a contract may excite the parties involved because of its benefits, however, it may also cause concerns due to the possibility that one of the parties does not perform its contractual obligations. To address this concern, legal systems have provided several measures, including suspension of the effects of the contract, annulment, suspension or delay in ownership transfer, dissolution of the contract, and finally compensation through limitation of liability clause and penalty clause based on the free-will principle. However, we should agree that the parties to a contract are not in absolute control of their “free will” since different judicial systems have provided different measures and obstacles. Iran’s civil law does not allow the courts to adjust the penalty clause. This article will investigate the nature of the penalty clause, the conditions for its formation, its effects, the respective laws, and the judicial practice in Iran and compare them to England. The article will also provide some suggestions for the legal improvements in Iran. https://lawresearchmagazine.sbu.ac.ir/article_104169.html IntroductionThe virginity certificate, which represents the most prominent example of certificates concerning women’s sexual status, remains a subject of controversy and ambiguity in the Iranian legal system as a deeply rooted phenomenon in social customs and traditions. This certificate, issued based on the medical examination of the hymen, is often regarded as an indicator of a woman's virginity and may produce significant legal and social consequences. However, contemporary medical science has demonstrated that hymenal examination cannot reliably determine the existence or absence of prior sexual intercourse. Factors such as non-sexual physical trauma, anatomical variations of the hymen, the possibility of surgical reconstruction, and different forms of sexual activity undermine the evidentiary value of such examinations. Despite these scientific uncertainties, no explicit legal provision in Iranian law directly addresses the permissibility or prohibition of obtaining a virginity certificate, thereby giving rise to various legal, ethical, and social challenges. The primary objective of this study is to clarify the legal nature of the virginity certificate and to assess the permissibility or impermissibility of obtaining it within the framework of Iranian law. To this end, the study examines the concept of the right to bodily integrity (right over one’s body) as a potential justification and evaluates it in light of fundamental legal principles such as the principle of no harm (La-Zarar), human dignity, justice and non-discrimination, as well as the necessity of protecting the family institution and safeguarding women's rights.MethodsThis research adopts a descriptive-analytical method and relies on library-based sources. In the descriptive phase, key concepts such as virginity, the hymen, and the virginity certificate are defined and examined from both medical and jurisprudential perspectives. Furthermore, the legal status of the virginity certificate in Iran is analyzed, particularly regarding the identification of entitled individuals and competent authorities responsible for issuing such certificates. In the analytical phase, the study first explores the “right to bodily integrity” as the principal argument invoked by proponents of the permissibility of obtaining a virginity certificate. Using Hohfeld’s framework of rights, the nature and classification of this right are examined. Subsequently, two major interpretative approaches—agency-based and dignity-based—are employed to assess the scope and limitations of this right. The study then proceeds to extract and analyze the legal grounds for prohibiting the virginity certificate by referring to fundamental legal principles derived from the Constitution, domestic charters such as the Patients’ Rights Charter, and binding international human rights instruments. These principles include the prohibition of harm, justice and equality, respect for human dignity, the protection of family, and the necessity of supporting vulnerable groups, particularly women.Results and DiscussionsThe findings of this study indicate that, from a medical standpoint, the virginity certificate lacks sufficient reliability to prove or disprove virginity. Due to the diverse anatomical characteristics of the hymen, the possibility of damage caused by non-sexual factors, the existence of elastic hymens that do not exhibit visible changes after intercourse, and advancements in hymenal reconstruction techniques, it is impossible to draw definitive conclusions about an individual’s sexual history based solely on hymenal examination. Therefore, such a certificate cannot be regarded as a conclusive piece of evidence or even a dependable presumption in many legal contexts. From a legal perspective, although the right to bodily integrity may initially appear to justify an individual's decision to obtain a virginity certificate, a deeper analysis reveals that this right is not absolute and is subject to significant limitations. Under a dignity-based approach, the exercise of bodily autonomy is impermissible where it results in harm or violates human dignity. Moreover, within the Iranian legal framework, this right is constrained by principles that protect bodily integrity, prohibit invasive acts without justified necessity, and emphasize the preservation of personal privacy. In addition, the principle of no harm (La-Zarar), as a fundamental rule in Islamic and Iranian law, negates any act that causes physical, psychological, or reputational damage. Empirical evidence suggests that the practice of obtaining virginity certificates can lead to serious psychological harms such as anxiety, depression, humiliation, and even suicidal tendencies, as well as social consequences including damage to personal reputation and the risk of honor-based violence. Furthermore, the practice is inherently discriminatory, as it disproportionately targets women and thereby violates the principle of equality and non-discrimination. While men are not subjected to comparable examinations, women are often required to undergo invasive procedures based on social expectations, which reflects a clear gender-based disparity. The principle of human dignity, recognized both in domestic constitutional law and international human rights instruments, prohibits any degrading or humiliating treatment. The examination of the hymen, particularly when conducted for non-therapeutic and non-educational purposes, may constitute a violation of this principle. Moreover, the requirement or expectation of presenting a virginity certificate may undermine trust between spouses and negatively affect the formation of a healthy family unit. This contradicts the legal obligation to protect and strengthen the family as a fundamental social institution. Finally, considering the legislator’s protective approach toward women and vulnerable groups—especially orphaned or unaccompanied girls—subjecting such individuals to mandatory or quasi-mandatory examinations contradicts the very objectives of legal protection and may exacerbate their vulnerability.ConclusionThe overall findings of this research demonstrate that, despite the absence of an explicit legal prohibition, the practice of obtaining a virginity certificate lacks a valid legal foundation within the Iranian legal system. It stands in clear contradiction with fundamental legal principles, including the prohibition of harm, respect for human dignity, justice and equality, and the protective policies aimed at supporting families and safeguarding women's rights. Accordingly, it is recommended that the legislator explicitly prohibit the issuance and use of virginity certificates. In cases where medical examination is necessary—particularly in criminal proceedings such as sexual assault—greater emphasis should be placed on scientifically reliable assessments of genital health rather than the concept of virginity, in order to enhance accuracy while minimizing harm and preserving human dignity. https://lawresearchmagazine.sbu.ac.ir/article_106482.html Introduction The transformation of digital markets in recent decades, alongside the expansion of big data, artificial intelligence, and advanced data-mining technologies, has profoundly reshaped traditional patterns of competition. In these markets, data is no longer merely an auxiliary input; rather, it functions as a strategic asset and a primary source of economic value creation and innovation. Unlike traditional competition law analyses—largely focused on indicators such as price, market share, and short-term consumer welfare—data-driven markets reveal that access to, control over, and the ability to exploit data have become decisive factors of market power. This situation may, on the one hand, enhance efficiency, improve service quality, and enable the emergence of new markets; on the other hand, through data concentration and the creation of entry barriers, it may weaken dynamic competition and innovation. This study aims to clarify the dual role of big data in fostering innovation while simultaneously generating competitive risks, and to demonstrate how data-driven capacities can be leveraged to promote competition on the merits without leading to structural market foreclosure.MethodsThis research adopts a descriptive-analytical approach grounded in comparative study. Theoretical frameworks of competition economics related to innovation, network effects, economies of scale and scope, and the role of data as an essential input are first examined. These foundations are then analyzed in light of legal instruments, enforcement practices, and decisions of competition authorities across different jurisdictions. The study of merger cases and anticompetitive conduct in digital markets, together with policy reports and economic research, provides an empirical basis for assessing the effects of data concentration on the structure of the relevant market. The methodology is qualitative and document-based, seeking to integrate legal and economic analysis in order to present a coherent account of the competitive functions of data and the regulatory challenges it entails.Results and DiscussionsThe findings indicate that big data performs a dual function in digital markets. From a positive perspective, broad access to data enables service personalization, reduces information asymmetries, enhances productivity, and accelerates research and development processes. This dynamic facilitates both incremental and disruptive innovations, the creation of new business models, and improvements in consumer welfare. Data aggregation can also lower transaction costs and, through predictive analytics, enhance allocative efficiency. However, data concentration in the hands of large firms may generate cumulative advantages that competitors find difficult to replicate. Strong network effects, user lock-in, and exclusive access to behavioral data allow dominant firms not only to consolidate their market position but also to discourage the entry of potential innovators. Under such conditions, competition may be weakened—and long-term innovation harmed—even in the absence of price increases. In the context of mergers, the results reveal similarly mixed effects. Data-driven horizontal mergers between large platforms and smaller innovative firms have, in some cases, eliminated potential competition and reduced technological diversity, whereas certain vertical mergers have created efficiency gains by integrating data infrastructures and lowering development costs. The key factor distinguishing these outcomes is the extent to which rivals retain access to critical data and whether dynamic competition can emerge post-merger. The study further shows that one of the most significant barriers to innovation in these markets is the rise in entry and R&D costs resulting from lack of access to essential data. New entrants face substantial financial and temporal burdens in acquiring competitive datasets, increasing innovation risk and constraining technological investment. Consequently, data concentration may gradually shift the innovation ecosystem in favor of entrenched incumbents.ConclusionOverall, this research demonstrates that big data is neither inherently harmful to competition nor automatically conducive to innovation; its effects depend on how data is concentrated, controlled, and competitively utilized within market structures. While it can drive efficiency and service development, it may also reinforce scale advantages and create entry barriers that weaken dynamic competition. Safeguarding innovation therefore does not require direct, interventionist market engineering, but rather a competition policy focused on preserving the conditions for technological rivalry, preventing exclusionary conduct, and assessing the competitive use of data through analytical lenses such as innovation costs. In the context of Iranian law, moving beyond traditional approaches and reinterpreting existing legal tools in light of the realities of the data-driven digital economy is essential to maintaining competitive dynamism in digital markets. https://lawresearchmagazine.sbu.ac.ir/article_106343.html Introduction One of the enduring questions in legal theory concerns the foundations of the state’s intervention in contracts. Why do states intervene in private agreements, the foundation of which lies in the principle of freedom of will? This question is significant because the adjudication of contractual disputes and the enforcement of contractual obligations do not easily fit within the traditional and ordinary functions of law. The issue is not merely theoretical nor confined to public law and state governance; rather, it has direct implications for private law, forming the intellectual and normative basis of contract law itself.MethodsAnswering this question would ideally require a comprehensive analysis of the role of the state and the philosophy of legal intervention, but such an undertaking lies beyond the scope of this study. Instead, the present work relies on what has already been achieved in comparative and historical scholarship, particularly in Western legal thought. It reviews past and present judicial and doctrinal developments concerning contract law and draws on the foundations established by both Islamic jurisprudence and Western civil law traditions. By considering these precedents alongside the specific provisions of the Iranian Civil Code, this paper seeks to determine the prevailing view of contracts within Iran’s existing legal system. The research roadmap proceeds as follows: First, the general rationale behind the regulation of contracts is examined. Second, the Iranian legal approach is analyzed in light of its historical and doctrinal roots. Finally, with a focus on Article 10 of the Civil Code, the paper identifies the fundamental principles underlying Iran’s law of contract and situates them within broader debates on the philosophy and values of contract law that have evolved over recent decades.Results and DiscussionsContract law is grounded in a set of values inherent in every legal system. These values are the driving forces that shape both the content and interpretation of contractual rules. They include freedom, morality, justice, public interest, and, in the Iranian context, the realization of Sharia, which functions as an independent and fundamental value. Accordingly, five distinct yet interrelated justifications for contract law can be identified: Protection of freedom of will; Promotion of promise-keeping and social morality; Pursuit of equality and exchange justice; Encouragement of economic efficiency; and Preservation of the Sharia order. Although all these principles are conceptually linked, it is often difficult to identify a single, dominant foundation. The rationale for supporting contractual formation and enforcement is most clearly crystallized in Article 10 of the Iranian Civil Code, which stands as one of the most significant provisions of Iranian contract law. This article provides the legal basis for recognizing private agreements as binding, authorizing the courts to uphold the product of the parties’ will so long as it does not contravene statutory or moral limits. Article 10 therefore acts as both a permission and a command: it permits individuals to shape their private relations through contract, and it obliges judges to respect and enforce these arrangements as expressions of legal will. In this sense, it constitutes a formal rule addressed to the judiciary, delineating when and how the law may intervene in private transactions. The provision is founded on the theory of the Autonomy, emphasizing that a contract is the result of voluntary agreement rather than a mere reconciliation of conflicting interests. However, focusing solely on the sanctity of promise would be too narrow. The contract must also be viewed as an instrument for achieving justice, social morality, and economic welfare. The challenge lies in determining which of these principles takes priority in interpretation and enforcement. When the will of the parties is prioritized, literal interpretation of contractual terms prevails; when considerations of justice or public interest dominate, a contextual interpretation becomes necessary. Thus, the hierarchy of values directly influences judicial methodology and the understanding of contractual obligations.ConclusionContracts can be classified based on the relative importance of will and justice. In civil contracts, where personal relationships and moral intentions often outweigh material exchange the principle of autonomy predominates. In commercial contracts, however, where the fairness of exchange and economic equilibrium are essential, the legal system gives greater weight to contractual balance and consideration. In continuous or long-term contracts, the role of will is strongest at the formation stage, when the parties choose to enter into a legal relationship. Thereafter, the operation of the contract is largely governed by principles of economic efficiency and exchange justice. Legislators and judges remain concerned with maintaining justice, which serves as the foundation for many legal rules. Consequently, any contract that violates justice—whether moral, social, or economic—is regarded as defective. In conclusion, the justification for contract law in Iran, as reflected in Article 10 of the Civil Code, lies in the delicate reconciliation of freedom of will, morality, justice, public interest, and Sharia. Each represents a competing yet complementary value within the legal system. The enduring task of contract law is to determine, in each case, which of these principles should prevail in the interpretation and enforcement of private agreements. https://lawresearchmagazine.sbu.ac.ir/article_106467.html Introduction If we look at the flow of markets through the lens of behavioral economics, we find that reducing risk and fostering psychological assurance in the complex and volatile interactions of the contemporary era are of particular importance. The dynamic nature of economic variables such as inflation rates and global prices has created a turbulent environment for trade, redoubling the necessity for developing novel legal tools to manage these uncertainties. On the other hand, experience has shown that imposing restrictions does not necessarily steer commerce towards being productive. Instead, by providing diverse tools tailored to the complex needs of market participants, one can expect better efficiency and flexibility from the flow of economic exchanges. In this regard, "Floating Performance of Contractual Obligations, "as a novel and efficient tool, enables the adaptation of the performance of obligations to unforeseen economic fluctuations and significantly reduces the negative risk of non-performance of obligations in volatile markets like Iran. This research aims to investigate the feasibility of accepting "Floating Performance" in Iran's legal system and to elucidate its conditions, frameworks, and legal requirements. The main research questions are: Is this flexible mechanism compatible with Iran's legal principles? How can it be recognized and implemented within the framework of the existing legal system? The ultimate goal is to provide an operational model for using this tool in domestic and international long-term contracts.MethodThis research has been conducted using an analytical-descriptive method and relying on extensive library resources, including legal texts, specialized books and articles, domestic laws—especially the Civil Code and the Commerce Code—and important international documents such as the (CISG) and the UNIDROIT (PICC). The working method is structured as follows: Initially, to establish a common conceptual foundation and prevent misunderstanding, fundamental and key concepts of the research topic, such as "obligation, " "performance, " and "floating, " were scrutinized and carefully considered. Then, this novel mechanism and its methods of operationalization in contracts were introduced. In the next step, to enrich the analysis, an overview of international documents and judicial and arbitral precedents in foreign legal systems was provided to offer a brief perspective on globally accepted findings and solutions. Finally, the fundamental challenges and key legal questions related to the implementation of the floating performance mechanism, especially from the perspective of Iran's legal system with an emphasis on the concept of gharar (prohibited uncertainty) and the rules concerning the determinability of the subject matter, were discussed.Results and discussionsThe obligation, as a central concept in contract law, has not received the in-depth analytical and practical attention it deserves in Iran's legal literature. This is despite the fact that this term is used extensively and frequently in the Iranian Civil Code, and its pivotal role in creating legal relations is undeniable. A fundamental characteristic of an obligation, from the authors' perspective, is its possession of a financial equivalent or economic value; this characteristic is the key to solving the puzzle of accepting floating performance. Floating performance enables the value of the obligation over the long term not as a fixed figure, but based on a "calculable and transparent criterion" that specifies the value at any moment of performance. For example, determining the price based on a computational formula combining costs and fees according to officially announced rates or expert-determined rates are instances of such criteria. By establishing a "defined and calculable range, " floating performance of obligations not only does not lead to destructive ignorance or ambiguity according to common customary standards at the time of forming the obligation, but as a self-regulating mechanism, it also effectively prevents post-contractual ignorance and loss resulting from unforeseen fluctuations and is entirely consistent with the principle of freedom of will in contract law. This method is specific to time-bound contracts and can be implemented with enforcement guarantees such as automatic adjustment or dissolution of the contract in case of a breach of the defined range. The main challenge in accepting this institution is the perception of it falling within the bounds of uncertainties and gharar. Divergent views in the Iranian legal doctrine, attributed to the opinions of Shia jurists, have sometimes led to an inflexible perspective on the category of ignorance and ambiguity in contractual matters, which, although suitable for regulating relations in traditional societies and simple markets of the past, lacks the necessary efficacy for addressing the complexities of modern commercial interactions. If we distance ourselves from this inflexible view and analyze the customary and functional meaning of ignorance, gharar, and ambiguity according to the needs and practices of each market, this challenge will naturally appear solvable; as evidenced by its successful implementation in similar contracts like large-scale construction projects and in contracts of the securities market and futures contracts. Furthermore, contrary to the prevalent perspective in our legal doctrine, which primarily views matter from an ex-ante standpoint at the time of contract formation, one of the most important types of ignorance in today's commercial relations is "post-contractual ignorance" arising from unexpected fluctuations and the inherent complexity of economic affairs. The floating performance mechanism can provide fundamental assistance for the voluntary and automatic adaptation of the parties to these fluctuations in changing conditions, regardless of whether the possibility of such fluctuations had occurred to the parties at the time of conclusion. This institution is a clear manifestation of the sovereignty of will and modern rationality in risk management.ConclusionIn conclusion, the floating performance of obligations is not only compatible with Iran's legal principles, particularly the principle of party autonomy and the rules of contract interpretation, but it also seems an undeniable necessity for Iran's legal system due to its ability to reduce contractual risk, increase flexibility and efficiency in contracts, and strengthen confidence in volatile markets. Understanding this compatibility and leveraging its benefits requires an updated, application-oriented, and custom-based approach to the contemporary needs of the economy and trade. It is suggested that the legislature, by enacting specific regulations or adding articles to the Civil and Commerce Codes, establish a transparent and precise framework for using this method to prevent future disputes. Furthermore, educating judges, legal practitioners, and economic actors to understand, accept, and correctly apply this novel mechanism is the next essential step towards its successful implementation and institutionalization within Iran's legal and commercial system. https://lawresearchmagazine.sbu.ac.ir/article_105461.html Creating competition to improve market efficiency has always been approved by economists and lawyers. For this reason, they study how to provide competition according to the conditions of each market. In the years after World War II, governments entered the economy and took control of the energy sector, arguing that the free market mechanism has shortcomings in the optimal allocation of resources and maximum welfare.Considering the strategic position of fossil energies, it is appropriate to identify the factors that disrupt competition in these markets; because formulating a desirable competition policy in order to fundamentally confront anti-competitive behaviors and enacting competition rules in the energy sector requires discovering the factors that affect the creation of the aforementioned behaviors.Important questions arise here: What are the most important factors that disrupt competition in fossil energies? Is it possible to apply competition law in regulating this area? In the present study, while identifying the political, technical and economic factors that disrupt competition in the field of fossil energy using hermeneutics and content analysis, and taking into account the structure of monopolistic competition in the aforementioned markets, it is argued that using only the rules of energy competition law to regulate the market is neither possible nor desirable.In the event that the aforementioned market deviates from its normal functioning,it is suggested that, in addition to formulating appropriate competition policies, a regulatory institution called the Energy Competition Committee be added to the competition section of the law implementing general policies of Article 44 of the Constitution. https://lawresearchmagazine.sbu.ac.ir/article_87627.html Given the serious impacts of the right of access to administrative documents on the protection of people’s rights and also the prevention of corruption, this right has been accepted in the legal systems of Islamic republic of Iran and France.In this regard, and in order to maximize the benefits of this right, the recognition of institutions obliged to provide administrative documents is of particular importance. It is obvious that creating clear and precise criteria in requiring institutions to present the administrative documents at their disposal, can greatly help the effective implementation of this right and thus the citizens to enjoy this right.In this paper, it is attempted to examine the nature and characteristics of the institutions, subjects to this right, in Iranian and French legal systems and to highlight their bugs, while expressing the status of the right of access to documents in Iranian and French administrative Laws. https://lawresearchmagazine.sbu.ac.ir/article_105308.html In addition to all judicial factors with legal and criminological aspects, there are also a series of executive factors or judicial factors arising from administrative and executive conditions in different social systems,each of which is somehow related to the increase in the criminal population, they are identified and introduced among the effective factors of its aggravation. These factors generally show the perception and understanding of judges and courts on issues such as the quality and efficiency of the intervention of non-governmental sectors in responding to various crimes,which in many legal systems have not yet gained a favorable position, and these factors are really among ones that increase the criminal population. In this article, with a descriptive and analytical method, the most effective executive factors in the phenomenon of the increase in the criminal population are discussed. The findings of the research show that issues such as statism and lack of sufficient time for the courts to deal with cases, distrust of courts and their problems in communicating with non-governmental sectors and the executive branch in implementing the system of alternatives to imprisonment,and individual,cultural and social bases that are effective in the tendency of judges to incarcerate, the involvement of non-judicial authorities who defend incarceration in proceedings and the lack of supervision by higher decision-making authorities on the way of extreme judicial incarceration are among the most obvious factors influencing the increase in the prison population. They are considered that any way of ignoring them will be crisis-creating and even anti-normative. https://lawresearchmagazine.sbu.ac.ir/article_106352.html AbstractIntroduction: The relationship between state sovereignty and the protection of foreign investors’ rights represents one of the most contested issues in international investment arbitration. Regulatory measures adopted by states in areas such as human rights, environmental protection, public health, water governance, and national security are frequently perceived as threats to the stability and predictability of the international investment regime. This tension has led to numerous investment claims against states. Sovereignty, as the foundational attribute of states, includes permanent control over natural resources, non-intervention principles, territorial integrity, and domaine réservé. On the other hand, foreign investor rights—rooted in BITs, multilateral agreements, customary international law, and domestic laws—guarantee access to dispute resolution, FET, protection from expropriation, non-discrimination, legitimate expectations, profit repatriation, and compensation for losses. Conflicts arise when state regulations, intended to protect public welfare, inadvertently impair these rights, prompting investor-state disputes. However, evolving jurisprudence and newer treaties recognize the right to regulate as a sovereign tool to balance these interests. The research question explores how treaties and tribunals differentiate legitimate regulation from indirect expropriation using criteria like public purpose, proportionality, and non-discrimination, demonstrating that sovereignty and investor protection can coexist harmoniously.Methods: This study adopts an analytical and doctrinal approach, examining arbitral awards, international investment treaties, and relevant principles of international law. Through qualitative analysis of tribunal reasoning, the research evaluates how investment tribunals assess state regulatory measures, with particular focus on concepts such as public purpose, proportionality, and non-discrimination. The study also reviews contemporary treaty practice to identify evolving normative frameworks governing the balance between sovereignty and investor rights. Key sources include historical documents like the Charter of Economic Rights and Duties of States, which first articulated regulatory authority over foreign investments; the Energy Charter Treaty, affirming sovereignty over energy resources; and failed drafts like the OECD Multilateral Agreement on Investment, which introduced explicit right-to-regulate clauses. Many treaties with explicit right-to-regulate provisions are surveyed, categorized into four evolutionary phases: formation, duality with North-South divides, expansion, and reform emphasizing balance. Tribunal decisions are dissected using the tripartite test: public purpose, non-discrimination, and proportionality. The methodology ensures comprehensive coverage by integrating theoretical dimensions, historical origins, and practical arbitral applications.Results and Discussion:The analysis reveals a gradual shift in arbitral jurisprudence away from a rigid conception of regulatory measures as presumptive violations of investor protections. Increasingly, tribunals employ holistic evaluative criteria that recognize the legitimacy of regulatory action when it pursues public interests, applies proportionate means, and avoids discriminatory treatment. This emerging approach challenges the traditional narrative of an unavoidable conflict between state sovereignty and foreign investor rights and indicates greater judicial sensitivity to the regulatory responsibilities of states. Initially, tribunals favored the "sole effects" doctrine, prioritizing investment impacts over regulatory intent, as seen in early cases like Biloune v. Ghana or Metalclad v. Mexico. However, a paradigm shift toward the police powers doctrine—rooted in customary law—has emerged. In Feldman v. Mexico, the tribunal upheld tax and invoicing regulations for tobacco exports as legitimate public purpose actions to curb illicit sales, affirming states' freedom in environmental, fiscal, and trade policies without compensation if non-discriminatory. ADC v. Hungary acknowledged regulatory rights but required genuine public interest proof, rejecting unsubstantiated claims. Methanex v. USA validated California's MTBE fuel additive ban as a proportionate, non-discriminatory environmental measure, not expropriation. Philip Morris v. Uruguay endorsed single-presentation tobacco rules and 80% health warnings as valid health regulations, prioritizing public welfare. Conversely, Eiser v. Spain emphasized FET's stability requirement, finding renewable energy subsidy cuts disproportionate despite regulatory intent. Addiko Bank v. Montenegro balanced FET with sovereignty, rejecting absolute stability interpretations that undermine regulation. Fourth-generation treaties incorporate right-to-regulate via exceptions (general, security), preambles, explicit texts, or implicit references, covering health, environment, ethics, and sustainability. This fosters tribunal deference, reducing "regulatory chill" and aligning with sustainable development. Analysis of several landmark arbitral awards confirms that arbitrators grounded in the public international law tradition have achieved notable success in precisely delineating the state’s public interest and awarding fair compensation to the foreign investor. By systematically utilizing the capacities of this legal regime, this group has established a concurrent balance between the state’s right to regulate and the rights of the foreign investor. They have remained faithful not only to the treaty text but have also, through the exercise of judicial discretion, made a tangible contribution to the development of international law and the establishment of a new economic order. In comparison, arbitrators adhering predominantly to a private law tradition have often relied on the sole effects doctrine, emphasizing only the restrictive consequences of state measures—with little regard for their intent or purpose. Nonetheless, contemporary investment arbitration practice indicates a decline in the exclusive standing of the sole effects doctrine and its gradual replacement by doctrines recognizing regulatory authority or the right to regulate. https://lawresearchmagazine.sbu.ac.ir/article_105015.html IntroductionTheory represents a specific mode of perceiving the world. It comprises interpretations that inherently cannot be categorized as either “absolutely true” or “purely false” .Throughout the history of civilization,humanity has continuously formulated new perspectives,making it evident that in the persuit of knowledge,one cannot expect to attain a definitive ,final ,and immutable interpretation that leads to “absolute truth”.From this perspective,theories serve as efficient instruments for examining the “social world”.As the foundation of research in sociology and other social sciences,”social theory” is tasked with explaining the nature of the social .Within this framework,the “social theory of law” engages in the theorethical analysis of the phenomenon of “law”within the societal context.This study aims to elucidate the nature of social theory and conduct a precise inquiry into the social theory of law, specifically focusing on the theoretical description and analysis of law from the perspective of Michel Foucault,the eminent 20th-century French philosopher and thinker. MethodsSocial theories are analytical frameworks or paradigms that are used to examine and understand social phenomena. Since the works of Foucault-a postmodern and post-structuralist philosopher and historian-constitute one of the most significant tools in contemporary social theory for re-evaluating the nature and scope of law and rights –viewed through the lens of fundamental, long-term shifts in the nature of the social –this study employs a descriptive-analytical method and utilizing content analysis of relevant philosophical and sociological texts tries to describe and theoretically analyse the concept of law in society from this prominent thinker’s perspective. The theoretical framework of this study is grounded in fundamental Foucauldian concepts, including “disciplinary power”,“governmentality” ,”normalization” ,and “disciplinary Society”. Results and DiscussionsSocial theory involves the application of theoretical frameworks to analyze macro-social structures. As a normative system, law seeks to articulate, re-evaluate, and systematize the fundamental structures of society, thereby becoming a key subject for social theory. The social theory of law that is a part of “law and society” movement and “socio-legal studies”, encompasses the diverse discourses and theoretical perspectives regarding the role of law in society. The genealogy of social theory of law can be traced to classical sociology and the first sociologists of law. Recently, legal scholars have become incresingly interested in Foucault’s work; indeed, several commentators recognize him as a legal historian who provides empirical insights into the evolutionary of legal systems. According to Foucault, rights are degrees of power that have received social validation, the normative legitimacy of which is justified by the existing historical discourses surrounding the concept of right. He challenges one of the major approaches or paradigms in law and political science, often referred to as the “classical juridical approach” or “contract oppression view”. Foucault contends that the main problem in the “social contract theory” lies in it’s role of legitimizing the sovereign state’s power over individuals, even when a rational justification exists. He posits that in classical legal theory, power is viewed as a “right” that individuals posses like a comodity, which they can transfer in whole or in part through a legal or practical act that creates a right. In this view, power is a tangible and specific right held by individuals, the transfer of which enables the creation of political power or sovereignty. The above theoretical structure is necessarily based on the idea that the creation of political power follows the pattern of a legal exchange involving participation in a contractual transaction. He argues that the classical legal model, while ostensibly claiming to limit state power, actually serves as a mechanism for legitimizing and expanding power; thus, social contract theory essentially deals with “social control” rather than “individual liberty”. According to Foucault, we must seek a new form of right capable of encouraging and strengthening moral self-cultivation. He views “rights” as mechanisms for inducing social change and even creating new forms of society. Foucault describes “rights” as the determinant of the boundaries of public power within a constitution, which is established upon the vested and absolute rights of the contracting parties and exercised through various legal rules. From his view, the primary function of the “theory of rights” from the Middle Ages to the present has been the mere stabilization of the legitimacy of power, which remains the central issue of the theory of rights and sovereignty. Foucault identifies two modern figures,the “Homo Juridicus” and the “Homo Economicus” ,which together present the intricate and complex issue of “governmentality”. He drived the concept of “the normal” from the term “norm”. In his view, a norm is not a concept exclusively limited to the realms of morality, law, or behavior; rather, it represents a comprehensive, all-encompassing , and specifically modern mode of thought.” Normalization” refers to the precise regulation of behaviors in accordance with established and approved standards, which is achieved through what Foucault terms “disciplinary power”.ConclusionFoucault asserts that “rights” are an integral part of modern governance and define the precise boundaries of power. In his thought, rights are perceived as degrees of socially validated power. He regards law as the primitive form of power during the classical and pre-modern eras, a position from which “discipline”-as the salient form of modern power-has significantly diminished its former importance and standing. Foucault’s profound inquiries into the tactics of power indicate that the tactics of pre-modern societies were predicated on knowledge/power relations and centered on the paradigm of “law and sovereign”. Foucault’s narrative regarding the decline of law does not, in any sense, signify the decay or total disappearance of law; rather, it suggests the reassignment of law to a secondary and auxiliary role within the modern disciplinary society. https://lawresearchmagazine.sbu.ac.ir/article_102350.html According to Section 2-615-A of the Uniform Commercial Code (U.C.C), A seller has an excuse to enforce the contract, if there are the following 3 conditions: A: There must be a possible accident. B: The agreed implementation must be impractical. C: The absence of a possible accident should be the basic premise on which the contract is formed. While section 2- 615 only deals with the seller's excuse for the performance due to the loss of the default conditions, The comments (official theories) related to the section make it clear that this section can be applied in appropriate cases for the buyer's exemption. Although little effort has been made today to achieve physical disability, It is clear that physical impossibility is in the range of impracticality. The terms and conditions of execution at the time specified in the contract, And is expressed by meanings that are usually understood by both parties, It can increase the likelihood of a practical impossibility of fulfilling the obligation. However, it seems that the increase in costs or other market fluctuations that affect the seller and thus lead to financial loss of execution for him, is not related to the impracticality of the obligation. Although impracticality is not defined in the Uniform Commercial Code, The definition of the dictionary, together with the common origin and the views of the designers, shows that the performance must have created a severe economic hardship for the obligee in order to justify the excuse of the performance towards him. https://lawresearchmagazine.sbu.ac.ir/article_102475.html According to Article 1195 of the French Civil Code Amendment adopted in 2016, modification and revocation of the contract assuming a change in economic situation and a sharp increase in contract costs in long-term contracts by the court if the parties do not agree to resolve the problem Through renegotiation between the parties is explicitly accepted in Iranian Law. The effect of judicial modification or revocation of the contract is accepted if the loss of balance of the contract due to changes in circumstances in a way that is unpredictable and unavoidable and leads to the implementation of the contract becomes more difficult. Although the judicial modification of the contract is not explicitly stated in case of unforeseen circumstances, according to the no-harm rule, new swindling rule, negation of hardship rule, or theory of the real intention of parties, judicial modification of the contract can be deduced.Although some jurists believe that revocation is more compatible with Iranian law, the judicial modification of the contract is more in line with the principle of contract survival. https://lawresearchmagazine.sbu.ac.ir/article_102766.html The issue of population aging in Iran is a problem that definitely needs to be thought thoroughly. This dilemma stems from the fact that the country has to support a bloated retirement population. Therefore, the issue of retirement and securing the future of government employees through pension funds has grown and developed a lot, and various laws and regulations have been passed regarding it, which has caused functional pluralism. However, wrong financial models, especially from the government, such as budgeting and allocation of financial resources, have caused nothing but inflation. Meanwhile, the findings of this research show that the more prominent the supervisory aspect of the government as a public and sovereign power in facing pension funds as a public and independent institution, the more efficient these funds can be. It should be considered more than just allocation of financial resources. However, the government's agency in providing the financial lines of pension funds from the public budget has caused it to dominate and dominate its management. So, the challenge of bankruptcy of these funds has been tried to be solved in an unprofessional and scientific way by filling its budget deficit in a phased manner. This is despite the fact that instead of looking for seats and management positions in these funds, the government should try as an observer to find the best performance (manager, type of management and the best methods of economic entrepreneurship) in these funds due to their importance. https://lawresearchmagazine.sbu.ac.ir/article_102865.html Hannah Arendt based Human rights on an unwritten right called the right to have rights. Contrary to the fundamental claim of the international human rights system, equality, consequently, freedom is not achieved simply by being human as a biological species but depends on their acceptance as equal to others or citizenship. The purpose of the present paper is to identify people and groups who deprive the right to have rights in Iran. The research method is descriptive-analytical. Establishing the right to have the right has three indicators: participating in the public sphere, linking to the government, and good relating to society. Statelessness, migration, belonging to a minority and marginality are the four main factors of deprivation of the right to have rights. In different societies, due to these indicators, masses of people are deprived of the right to have rights and hence are outside the scope of human rights guarantees. The results show that in Iran, refugees, Iranians without identity certificates, working children, religious minorities (under article 14 of the Constitution), some political minorities, homeless people, housewives, sexual minorities, and sex workers are deprived of the right to have rights to some degree. If the right to have rights be guaranteed for such people, the definition of human rights will promote the rights of humans as a citizen to the rights of humans as a human. https://lawresearchmagazine.sbu.ac.ir/article_103086.html Combined transport is an essential element in the international trade law. International combined transport according to a contract between the consignor and the carrier, is a combination of two or more means and methods of the simple transport (sea, road, air, and rail) that is carried out in the formats of mode-on-mode and mode-to-mode from the origin of one country to the destination of another country. The governing law is affected by the location of damage and the compensation system is based on the governing law, which in Each of the international simple transports, is related to a specific international convention, but the compensation system in international combined transport is complicated due to the sui generis contract and lack of a special convention in force. The law governing the international combined transport compensation, in accordance with the common and enforceable international simple transport conventions, including CMR, COTIF-CIM, Montreal(MC) and Hague-Visby in the forms of international precedents, has been descriptively studied and legally analyzed, which with regard to the modified system, are applicable to the compensation for the whole or part of the international combined transport. Moreover, considering Iran's membership in some of the international simple transport conventions, it has relevance and application in the legal system of Iran. https://lawresearchmagazine.sbu.ac.ir/article_103135.html Abstract Deficiencies of the legal system in identifying threats and legal response to the environmental threats caused by mine exploitation and protection of mineral resources cannot be achieved without identification of such special threats. For the same reason, the geological studies of the environmental threats caused by mine exploitation are an essential step for such a legal response by codifying appropriate rules and regulations and developing a proper legal system. This article is to, initially, identify mechanically with reference from mining engineering chart the environmental threats caused by mine exploitation and then to identify and evaluate legal gaps and challenges in Iranian legal system to deal with such threats, by using the analytical method. What are the deficiencies of environmental regulations on mine exploitation in Iranian legal system and what is the strategy to tackle such deficiencies? The environmental threats caused by mine exploitation is identified in a very general, partial and imperfect manner in Iranian legal system. Missing details and lack of classification of threats in terms of the mine and the practical problems in this area, are some definite challenges in this domain, which in turn have seriously impeded the effective legal response. https://lawresearchmagazine.sbu.ac.ir/article_103283.html At first instance Academic freedom is a negative right- freedom providing a defensive shield against intrusion of external authorities and institutions, protects the activities of teachers (with any academic degree) and students of high education institutions (university, academy, school..) in position of teaching, researching and learning of scientific matters. Personal academic freedom may be realized through institutional academic freedom. In other words, in addition to academic freedom of teachers, we can speak of freedom- independence of high education institutions from the hierarchy political and administrative authorities and at the same time, freedom- participation of teachers and academicians in the university affairs that promotes the affirmative or positive aspect of academic freedom. Additionally, providing a job security through security of tenure , recognizing a peculiar employment contract and due process for termination of contract are well known devices for protection of personal academic freedom. Academic freedom consisting in such components is nowadays not an ideal value, but the same as other human rights, is a legal duty on governments and this is a cause of conflict between them. This article is a research in descriptive- analytic method to find importance of academic freedom as a right in statute law and consider possibility of conflict of it with other human rights in different legal systems. https://lawresearchmagazine.sbu.ac.ir/article_103519.html The university is a symbol of moderizing in the field of formal education and relies on levels of independence, which manifests itself in the areas of property acquisition, intra-organizational pursuit of staff and students. On the other hand, judicial officers have to go to the university or its affiliated institutions, to ensure public safety in the form of detecting or preserving a crime, prosecuting defendants or criminals, or enforcing laws such as traffic. The main question is whether the independence of the university and the need to guarantee its freedom change the way public security is ensured, and therefore the scope of authority of officers is limited or conditional, or whether their authority in the university camuses Is it absolute? Are there different criteria for entering the officers to perform the usual duties or to pursue the opponents? The present study, through a library study, with a descriptive and analytical method and an insightful study of criminal and public law, stating the historical developments of this debate, the strategies of the Islamic Assembly and the government in this regard and how to establish a balance between security and It has proposed and evaluated freedom in universities. In sum, the lack of specification of the university's privileges over security in the legal texts has led to the absolute presumption of the authority of the officers over the university and the originality of power over the security of the university and its functions. https://lawresearchmagazine.sbu.ac.ir/article_103671.html The »No-liability rule« is itself part of the »Strict liability rule«. Under the no-liability rule, the injured party bears all the costs of the accident. In this sense, the rule of no-liability means the strict liability of injured party. This rule, due to the holiness and non-commercial nature of the medical profession and existence of certain beliefs, has been a general rule in this field for many years. Over time and the change in society approach to these activities, the responsibility of physicians has been gradually identified and continuously developed. Economic analysis of this rule also shows that the change in the approach of society and the legal system has been consistent with economic efficiency. Applying the no-liability rule in the medical field generally has two very important effects. On the one hand, the level of activity of physicians is above the optimal level and their level of caution is much lower than the optimal level. On the other hand, patients' precautions either have no effect on the incidence of harm, or they have to prevent accidents at a much higher cost than physicians. Therefore, this rule cannot be used as a general rule. However, this rule can work in certain situations. First, the situation in which the patient is alone or the »cheapest Cost-avoider«. Second, the situation the judiciary is in a position to change the precautionary standards. Third, the situation where the administrative costs of enforcing a physician's negligence outweigh the benefits. https://lawresearchmagazine.sbu.ac.ir/article_103692.html Today, water management is subject to very complex and diverse organizational arrangements in the world, so the structural elements examination like institutions, actors, and governance methods help in the systematic analysis and evaluation of water governance. Considering that, these elements features have a determinative effect on the water governance performance in countries, this research seeks to investigate how the above elements are in the Iran and Afghanistan's water governance system. In this regard, in the discussion of the institutions that determine the water resources management method, the official institutions have a prominent role and position in the water governance of both countries, although in Afghanistan, informal institutions also have significant activity in the agriculture waters management. In the actors' discussion, according to the sides of the good water governance actors' triangle (government, nation, civil society), Iran's water management actors are governmental, people and civil society are not present in this arena, and no plan has been considered to bring them to the scene. Therefore, Water management method is hierarchical in Iran and the main decisions are taken according to the ruling government's policies and are implemented by the relevant ministries and departments. But in Afghanistan, according to the twenty years of the Islamic republic system’s policies and laws, and what happened in performance, to the good water governance’s goal, there has been tendency for a decentralized management by combining the network and market methods with a focus on the water and Energy Ministry, sea basins and people participation. https://lawresearchmagazine.sbu.ac.ir/article_103769.html Construction contracts are the most complicated contracts in international trade law. The long- term nature and the significance of time and cost in these contracts has led to efforts in the international scale to prevent the emergence of any disputes in this regard. The expensive and long term character of recourse to classic institutions of dispute settlement in these contracts causes the project to stop for a long period and amounts to a huge expenditure.Therefore, the organizations working in this area incorporated the ” Dispute Adjudication Board” in their unified construction contracts. The Dispute Adjudication Board (DAB) minimizes the incidence of disputes in construction contracts and plays an important role in solving the rest of the dispute. This paper tries to answer some basic questions about the DAB process including: What is a DAB? Is DAB the same as other ADR methods? What is the structure of a DAB? What are the advantages and disadvantages of DAB? What is the role of DAB at final proceeding? https://lawresearchmagazine.sbu.ac.ir/article_104106.html The first remedy for breach of contract in English law is damages, which usually takes place by money payment. Specific performance is exceptional. In cases where the subject of obligation is to do or not to do a work other than money payment, difference between damages and specific performance, but in cases where the subject is money payment, the two difference is ambiguous. Because in this case, the subject of the actions is the same. In the Iranian law, with reference to the mention of destruction and causation as the basis of damages in Article 515 of the Iranian Code of Civil Procedure, Action for breach of contract in fact becomes an action for debt resulting from destruction and causation. On the other hand, although the Note 2 of this article rejects the loss of profit, Action for is acceptable notwithstanding of the Note. Action for debt does not have such problems of damages action as proof causation, fault, and amount of damages. In Iranian law, some legal texts such as Articles 515 and 522 of the Code of Civil Procedure as well as some judicial decisions pay attention to distinction between the two actions and their effects. https://lawresearchmagazine.sbu.ac.ir/article_104166.html In the analysis of the civil law definition of judicial presumption (Articles 1322 and 1324), factors such as; the meaning of the circumstances, the simple or compound nature and the role of the judge's opinion should be examined. This review and analysis is necessary to understand the nature of judicial presumption in our laws. In addition, comparing the judicial presumption with other evidences to prove claims can be useful in further identifying this evidence. In this research, while expressing opinions about these cases, the issue has been analyzed and investigated. The findings of the research show that the judicial evidence in our laws is one of the evidences to prove claims, which includes everything that guides the judge in reaching the reality of the subject of the lawsuit and that is not prescribed as evidence in the law with a special title. Jurisprudence is a proof that, according to the breadth and variety of examples, has different functions in proving the subject of the lawsuit or in supplementing other proofs. https://lawresearchmagazine.sbu.ac.ir/article_104201.html Amendment difficulty is a requirement for the stability of the constitution, that is, amendment difficulty is a primary aim of a constitution. However, no text is flawless and the lapse of time has proved this. As a result, the degree of difficulty should be limited to specific boundaries. If not, then it may have detrimental effects on the health of a constitution. Thus, it is required to study the theme of amendment difficulty and its various dimensions, in comparison with the Iranian legal system. The authors first observed the amendment difficulty based on the analytical-descriptive method by observation-oriented approach, and then, analyzed the difficulty of amendment rules in Iran. It resulted that the level of amendment difficulty in Iran being extremely high, and this phenomenon caused the ineffectiveness of amendment rules, the emergence of an inappropriate type of "redirection culture", and the nullification of constitutional rules. Therefore, it is suggested that it is essential to change the structure of the amendment rules, that is, the single-track amendment pathway becomes a multi-track one. https://lawresearchmagazine.sbu.ac.ir/article_104243.html Improving the efficiency of the armed forces is undeniable due to their high position in maintaining order, security, independence and protection of the territorial integrity of the country. One of the most important factors of inefficiency in this relationship is rooted in the legal system governing the armed forces and the way rules are made in relation to them; As many authorities such as the leadership, the Islamic Council, the Supreme National Security Council, the General Staff of the Armed Forces, the Cabinet, the Ministry of Defense and the high military and law enforcement commanders in the armed forces have the authority to make rules regarding these forces.This issue has led to ambiguity in the authority of the aforementioned authorities and the nature of their approvals, and as a result, reducing the quality of rule-making and weakening the legal order in this field. This research, with an analytical approach, seeks to analyze the pathology of rule-making in the field of the armed forces and present the necessary legal requirements in this connection. The findings show that it is necessary to pay attention to the inherent competence of the parliament in legislation and the requirements arising from the general command of the armed forces and the proportionality between these two categories. Also, determining the scope of authority of all regulatory authorities, establishing a coordinating body under the armed forces, setting up a revision system and promoting transparency in relation to the rules of the armed forces are among the most important https://lawresearchmagazine.sbu.ac.ir/article_104286.html The street was created to facilitate movement, while democracy is a participatory governance model. This research aims to identify the interaction between democracy and the street from a legal standpoint using a descriptive-analytical method. The central inquiry revolves around the connection between the street and democracy. Democracy has four essential elements: public participation, equality, protection of minority rights through respect for human rights, and pluralism. The interaction between democracy and the street occurs in three dimensions: democratic street (a street that fully complies with the components of democracy in its form and structure), street democracy (the use of interactive democracy methods at the street level with the involvement of civil society to extend participation to marginalized people such as people without housing and vendors), and democracy on the street (It involves establishing the required technical platforms in streets to facilitate civil disobedience and protests, through meetings, marches, assemblies, sit-ins, carnivals, flash mobs, etc. and also speech to create the common world and reach consensus decisions). If these links are created and strengthened, the street can become good so that citizens desire to attend it, and democracy will find a way from election periods to daily life contexts. https://lawresearchmagazine.sbu.ac.ir/article_104405.html In line with the importance of finding the place of law and the legal system in development studies, legal experts in developing countries have a critical role in the process of development and the promotion of its indicators. The question is what path should the relevant laws for development follow in a country in order to achieve the desired development goals? Presenting such a model is essential to demonstrate the influence of law in development process. In this model, the stages of regulation, compliance, and enforcement of development regulations are vital. Initially, development goals such as economic growth are predicted, and regulations are established to achieve them. In the next stage, the existence of suitable legal structures and institutions, as well as laws compatible with cultural and social conditions, ensure the regulation and establishment of appropriate regulations. Such regulations should be complied by the general public before they are implemented, so that development takes place publicly. In the last step, the capacity and resources of state, as well as the political will of their leaders, not only ensure the enforcement of development regulations but also guarantee proper implementation of development policies. A reductionist and instrumentalist perspective on laws in developing countries is incapable of fulfilling such a role, and these countries can only achieve development objects by resorting to such comprehensive legal order. https://lawresearchmagazine.sbu.ac.ir/article_104479.html Participatory Budgeting process that enables the non-elected citizens to participate in public money allocation. This paper, as the comparative study focused on participatory budgeting, To be used as a model for the feasibility of implementing it in Iran.The results of the study of participatory budgeting of the countries studied in this paper indicate that the dominant approach to Spanish of participatory budgeting is in accordance with the participatory democracy model , which is the main purpose of social justice and distributive justice . In France, participatory budgeting has been formed with the aim of strengthening popular organizations, decentralizing public decisions, improving and closer relations between citizens and policymakers by strengthening local budgets and neighborhood councils, which is similar to the model of Proximity Democracy.finally Participatory budgeting in Germany is more advisory than with the aim of improving public services , reducing public spending and increasing the legitimacy of public utilities . Considering the basic advantages of all three models in the studied countries, it is suggested to design the optimal model of participatory budgeting for Iran with a combination of these three models. https://lawresearchmagazine.sbu.ac.ir/article_104499.html Abstract: In the Constitution of the Islamic Republic of Iran, several evidences indicate the simultaneous influence of several theories of religious government, in such a way that the nature of the system fluctuates from the interpretation of "national sovereignty" to "absolute authority of the faqih". It is natural that such a variety is actually a reflection of the ideas affecting the process of approving the Constitution and then revising it. In this article, we intend to show that, on the one hand, the requirements of the republic and the democratic aspects of the system do not allow us to accept every interpretation of the religious interpretation in the Constitution, and on the other hand, the acceptance of supervision role of faqih even in the most majoritarian religieuse theories of the government, including the theory of the absolute authority of the faqih, has made it possible to combine the two aspects of the system, democratic and religieuse, in the text of the Constitution. Therefore, while distinguishing between the two concepts of "leader" and "sovereign faqih( velayah)", it is possible to separate the duties and powers of leadership in three axes (executive presidency, state presidency, velayah) and only the leader's supervisory status in principle. 57 of the Constitution, considered inherent and consistent with the role and position of his velayah. However, in the current government procedure, such separation seems practically impossible. https://lawresearchmagazine.sbu.ac.ir/article_104542.html During the years of the Guardian Council's activity, many opinions have been expressed by this council in reviewing the approvals of the parliament. A review of these views shows that there is a significant difference in the extent to which the Council cites various principles of the Constitution: from unsubstantiated principles to principles with numerous citations. The present article seeks to answer the important question by taking a descriptive-analytical method, what are the effective reasons for the extent to which the Guardian Council invokes the principles of the Constitution? Based on the findings of this paper, the difference in the amount of the council's citations to the constitutional principles is not a fault in itself to the performance of the Guardian Council, but the performance of the Council will be evaluated according to the causes of the difference in the amount of citations as discussed in this article. Efforts to partially address these causes seem necessary. Legislative reform, reform of the Guardian Council procedure and approach, and revision of some constitutional principles are some of the solutions suggested in this paper. https://lawresearchmagazine.sbu.ac.ir/article_104619.html Basic proceedings are considered as one of the most important and vital institutions of a political and legal system.It is due to such a position that Guardian Council has a special role in Iran's legal system so to speak The Guardian Council is considered one of the most important symbols of the political system of the Islamic Republic of Iran.By reviewing the text of the constitution and the governing procedure of the Guardian Council, especially the opinions issued by the council, it can be said that Protection of the Sharia and Islamic rulings (sharia proceedings) has been the main goal of the establishment of the Guardian Council, and protection of the constitution (basic proceedings) is in the second stage.The focus of the council on Sharia proceedings has made supporting the constitution not a concern of the council. Considering the criticisms that are made towards the Guardian Council, there is a need to review the structure and attitude of the Council. And in the article, we are looking for a good model of the basic judicial institution in Iran. Therefore, in presenting the ideal model of basic proceedings, the nature of the political system of the Islamic Republic of Iran has been taken into consideration. In the end, according to the procedure and tradition that governs the country, it can be said that the council system is still the best option as a constitutional judicial institution in the country, with the implementation of fundamental reforms, including the amendment of the constitution https://lawresearchmagazine.sbu.ac.ir/article_104703.html The majority of sexual deviant disorders have a victim and lead to harm and disturbance in the private places or public and social environment, some of which are more deviant, according to the severity of sexual deviance in a person, can lead to the occurrence of various crimes or victimization. . In this study, the criminological analysis of 39 interviewees with sexual deviant disorders among the eight cases, the majority of them were men and unmarried and only 4 were women. According to the type of referral of each of them to psychological clinics in Tehran, with the research method Qualitative and semi-structured interview with the approach of phenomenological analysis studied the lived experience of the interviewees and the data was coded using Claesian method.based on the results, the weakness of the educational component of the parents and their inappropriate family environment during their growing years played a significant role in creating sexual deviations in them. Among the many criminological components, inappropriate labels and unhealthy differential preferential associations, the reinforcers of deviant behavior according to the theory of differential reinforcement in criminology have played a much more important role in the initiation and stability of deviance in them, which are in addition to the problems Multiple psychological factors in sexual deviants and important life events during their developmental stages were effective in creating sexual deviant disorders in them according to the concepts of developmental criminology theories. Growth-oriented prevention strategies such as education-oriented and individual-oriented programs may prevent sexual deviations. https://lawresearchmagazine.sbu.ac.ir/article_104898.html Abstract In Article 38, the constitution prohibits torture and stipulates that: "Any torture to obtain a confession or obtain information is prohibited...". In order to objectify this principle, the Islamic Council approved the "Prohibition of Torture Plan" in 1381, which was examined in the opinion of the Guardian Council No. 662/30/81 dated 03/16/1381 and objections were raised regarding this plan; including the fact that the absolute prohibition of not using torture is doubtful. This article, using descriptive-analytical method and using library data, answers the challenge of whether the Guardian Council can consider the possibility of torture in specific cases and make a restriction on Article 38 of the Constitution. The result of the research shows that the impermissibility of restricting the application of the prohibition of torture has more argumentative support and it is not possible to restrict the application of the provision in Article 38 of the Constitution through the Sharia supervision of the Guardian Council. Therefore, the impossibility of torture is absolute and cannot be excluded. Keywords: Article 38 of the Constitution, Plan to Prohibit Torture, Guardian Council, Prohibition of Torture, Monitoring. https://lawresearchmagazine.sbu.ac.ir/article_104903.html Following the U.S. designation of the Islamic Revolutionary Guard Corps (IRGC) as a foreign terrorist organization, American victims of the IRGC's actions began filing lawsuits and enforcing their judgments both domestically and internationally. Canada became one of the countries where these victims sought to have foreign judgments recognized and property belonging to the IRGC confiscated. Over the years, Canada has enacted several laws, including the Justice for Victims of Terrorism Act and the Foreign Missions and International Organizations Act. Since 2019, Canada has taken numerous steps to enforce U.S. court judgments related to the IRGC's alleged terrorist activities, resulting in the seizure of Iranian assets in Canada. The central question of this article is whether this action violates the principle of state immunity under international law, considering the IRGC's designation as a foreign terrorist organization. The research concludes that because the IRGC is an integral part of the Islamic Republic of Iran's government, as per Article 150 of the Iranian Constitution, it is protected under the 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property. Consequently, the Canadian courts' recognition and enforcement of U.S. judgments against the IRGC may conflict with the established international legal doctrine of state immunity. Therefore, while the IRGC's designation as a terrorist organization influences legal actions, it does not override the immunity typically granted to foreign governments and their entities under international law. https://lawresearchmagazine.sbu.ac.ir/article_104939.html A penalty clause is a predetermined amount in a contract intended to prevent potential breach of the contract and is sometimes referred to as a "penal clause". Article 230 of the Iranian Civil Code refers to the penalty clause, which stipulates that the amount agreed upon in the contract serves as compensation for damages resulting from the execution of the obligation in case of violation. In Arab legal systems, it is referred to "Al-Band Al-Jizai", and in English laws, it is known as the "penalty clause." The penalty clause is divided into two types: penalty clause for delay of fulfilling the obligation, for example, a certain amount must be paid by the obligor for each day of delay. and in such cases, the obligee can request the penalty and the fulfilment of the obligation together. The other type is the penalty clause in lieu of fulfilling the main obligation, which in case of non-fulfilment of the obligation, only the penalty can be claimed. The penalty clause is different from the liquidated damages, as the latter is a precise estimate and assessment of the amount of damages, while the penalty clause is a probable prediction of loss, predetermined as a fixed amount regardless of whether or not there is a loss. Comparison of the penalty clause, liquidated damages and punitive damages is the purpose of this article to express the differences and similarities between these two aspect. https://lawresearchmagazine.sbu.ac.ir/article_104954.html Abstract The substantive criminal law of children and adolescents is a subject and subject Nowadays, the law is of particular interest to lawyers And as a consequence of the laws and regulations on juvenile and In recent decades, under the auspices of international children's rights organizations, There has been a lot of change In spite of writing numerous articles and books and guidelines on the doctrine of criminal law and holding various conferences and conferences Concerning the issues of juvenile and juvenile criminal law, lawmakers continue to pass various sections of the Criminal Code concerning children, And in their view of criminal responsibility and the way they respond to child abuse, slip and fall, and the relevant laws in this sensitive criminal area, are full of shortcomings. With a detailed pathology of Iranian criminal law and regulation and in line with the British penal system in recent years and a careful examination of the legal and penal policy of criminal offenses and juvenile offenses, Many of these problems will emerge and I will see how the Iranian legislator on the substantive rights of children with disabilities, and the British abusive system in this regard, have become more extreme than previous approaches in the area of criminal policy orientation. https://lawresearchmagazine.sbu.ac.ir/article_105016.html The utilization of genetic information of defendants in criminal courts is now increasing. Several specific genes have been identified so far, and their association with antisocial behaviors has been investigated and documented. In this article, we have focused on a gene called the "violence gene" or the low-activity variant of the MAOA gene, as this gene has been consistently linked to human behavior, particularly violence and antisocial behaviors.In this article, three objectives are examined: First, to analyze the existing scientific evidence in this field, to gain a deep understanding of the status of the violence gene and determine whether a predominant and accepted scientific view can be declared in this domain or not. Second, to extract the findings and provide recommendations regarding the use of genetic information, particularly the presence of the low-activity MAOA gene variant. Third, to explore the potential for mitigation of punishment for a defendant possessing the low-activity MAOA gene variant and a history of childhood maltreatment, based on Article 38, Clause C, which pertains to anger resulting from provocation by the victim. The findings from scientific studies have indicated that while the low-activity MAOA allele in interaction with childhood maltreatment and neglect cannot serve as an insanity defense leading to the acquittal of an individual with this interaction, it does provide the necessary capacity for mitigating the punishment of a defendant possessing this personality interaction. https://lawresearchmagazine.sbu.ac.ir/article_105035.html Environmental changes can act as a risk factor in fragile and conflicted situations, making conflicts more severe and longer. Environmental changes deepen social and political instabilities in complicated and multidimensional ways. Indeed, climate change, environmental destruction, drought, and desertification do not automatically start wars. However, these changes do not occur in a vacuum; they interact with economic, social, and political factors and can create challenges, especially for governments with limited resources and fragile economies. As the world faces new and emerging threats, the UN Security Council will be increasingly challenged to respond to its agenda to maintain international peace and security. This question of how the Security Council should deal with environmental changes is very basic. One of the main problems that arise in examining the role of the Security Council in environmental issues is the existence of different interpretations of what the Security Council does in fulfilling its duties according to the charter to maintain international peace and security. The current research seeks to answer this question: are environmental issues part of the inherent jurisdiction of this council, and if so, to what extent. In response, with a detailed review of the performance and resolutions of the Security Council, despite the plurality and diversity of these resolutions, it is clear that due to the difference of opinion between permanent and non-permanent members, the Council's approach is not comprehensive enough. Many environmental crises are not included in the Council's agenda. https://lawresearchmagazine.sbu.ac.ir/article_105084.html One of reasons and philosophies of existence of organization, structure and function of notary offices is to create legal security in matter of document registration. These offices are managed individually, while individual implementation of notary office has its own challenges. One of most important challenges is lack of colleagues with same qualifications within group, which makes it impossible to easily replace, divide work, and specialize matters, and perhaps, professional head will be exposed in some cases. In addition to that, civil liability of notary is unsupported and upon his death or retirement, office is also closed. In this situation, realizing legal security of society in governance matter of document registration is place of discussion. According to authors, collaborative implementation of a notary and community of several notaries in a collection provides possibility of consulting with colleagues who all work in name and for company, in this way, unity despite plurality of researchers and possibility of dividing work, expertise Orientation and reduction of cases of professional disclosure are provided. Also, by adding civil liability of company and partners to personal liability of partner, probability of compensation for client's loss increases. Providing correct information, creating transparency and legitimate trust, as main components of legal security, are results and benefits of this legal institution. Preventing closure or liquidation of office and continuation of document registration despite liquidation, will stabilize legal relations and, as a result, continuation of legal security, so that fears of individual implementation are replaced by hopes of collaborative implementation. https://lawresearchmagazine.sbu.ac.ir/article_105186.html The 1953 Iranian coup d'état is one of the most controversial contemporary events in our country. An event that created many controversies about the legality of Mosaddeq's dismissal. Undoubtedly, it is difficult or even impossible to unravel the legal analysis of Mosaddeq's dismissal without understanding the relationship between King, the Cabinet and Parliament and the quality of the appointment and dismissal of ministers in Iranian old regime. the article reviews the theoretical framework based on the constitutional doctrine of the old regime, and analyzes the historical cases of the “willingness vote”, vote of confidence and the resignation of the prime minister after the recognition of the parliament in its early decades. This research can enhance our understanding of the old regime and help to resolve the controversial issue of whether Mohammad Mosaddeq’s dismissal was legal or not. Due to the fact that the institutions of willingness vote and vote of confidence are not stipulated in the Constitution, we tried to find the legal seeds of these institutions and show what political interactions in the balance of forces led to their emergence. The article argues that in the old regime, the king had the power to appoint ministers and the prime minister, while only the parliament had the power to dismiss them, and that the historical cases were consistent with this exclusive power of the parliament. The article adopts a legal doctrinal method and relies on historical documents, especially the parliamentary debates, as well as books that explain the historical doctrine. https://lawresearchmagazine.sbu.ac.ir/article_105256.html Does the “right” have the same meaning in the discourse of Public Law and Human rights as it have in the discourse of Private Law and Islamic Law? Are the right parameters in the discourse of Private Law the same as the ones of the discourse of Public Law? What consequences does the discoursal difference in the nature of right have in the Private and Public Law? In the Private Law, right is considered as a privilege, which is because of the legal situation and therefore has an institutional characteristic. In contrast, in the Public Law the right is in general referred to the human dignity and its resulted abilities. This new concept of right has some consequences. In this context, the subjective right is dominant to the concept of right in the Public Law. The significant consequence of this concept is that the bearer of rights becomes more important than the subject of right. This leads to a difference between the paradigm of right in the discourse of Public Law and the similar paradigm in the discourse of Private Law. Because the discourse of Public Law in the context of the citizen rights, is a subjective discourse where the bearer of these rights is important. These above discoursal and paradigmatic differences have some other consequences such as the ability to demand and the relation with duty. https://lawresearchmagazine.sbu.ac.ir/article_105267.html The Stage of obtaining consent from the patient before starting the treatment process is the source of very important effects, from the legal and economic point of view. The dignity of the patient physical integrity requires that his/her informed consent be taken before any medical procedure; Consent that has been declared by informing the organs who will be involved in the treatment process, the quality and quantity of the treatment process and its predictable effects and consequences. From an economic point of view, the stage of obtaining consent from the patient and optimally organizing its legal aspects can be a way forward in solving problems such as imperfect and asymmetric information. On the other hand, the amount of information provided to the patient has a significant effect on his decision-making process and even affect his evaluation of his physical condition (before performing treatment measures). Also, seriousness in taking informed consent from the patient affects the competition system between medical centers and physicians and even the quality of providing services in this area. https://lawresearchmagazine.sbu.ac.ir/article_105731.html Abstract Nowadays, the issue of migrant domestic workers is critical in international law, especially in the Arab countries of Iraq and the Persian Gulf, which have a significant percentage of them. Migrant domestic workers, especially if they are women, are considered the most vulnerable group of workers. This group, even non-immigrants, has received less attention and study from the beginning of the Industrial Revolution to the contemporary era. Recently, this deficiency has been reviewed to some extent, following the strategy of international labor law in recognizing their rights. This study has comparatively studied the situation of the two countries of Iraq and Saudi Arabia. The main question of the article: To what extent are the rights of migrant workers respected in these countries and what challenges exist in this regard? This study seeks to identify the shortcomings facing the rights of this group and solutions to improve them. Library studies have been used in this research. The most important achievements of this research can be considered the need to review legal approaches towards this group, especially at the international level and by joining conventions and documents that address this issue, as well as their efficient implementation, along with creating deep and fundamental reforms in the foundations and cultural attitudes of society towards this group. Following recent developments, Iraq's approach towards the rights of domestic migrant workers has improved significantly compared to Saudi Arabia. Keywords: domestic migrant workers, female domestic migrant workers, international labor law, Iraqi and Saudi https://lawresearchmagazine.sbu.ac.ir/article_105732.html The advancement of artificial intelligence has significantly facilitated human life and accelerated progress.However,it has also raised profound concerns regarding the confrontation,competition,and potential replacement of humans by AI across various domains,aswellas the implications of this technology on humanrights.On the other hand,the deprivation of women from fundamental humanrights and the principle of equality between men and women have consistently been a focal point in international law and related instruments.the core objective of this research is:to identify the effects of AI on women’sright to equality and to explore the existing tools within internationallaw to condemn this form of inequality.The questions are:How has AI impacted women’sright to equality?Is there an existing or conceivable obligation or enforcement mechanism in internationallaw to prevent discrimination in the design of AI-based systems?The hypothesis posits that while AI exacerbates discrimination against women,recourse to soft law—particularly in obligating companies to uphold equality—offers a viable solution.This research,conducted through library-based information gathering,document analysis and logical reasoning, sheds light on the nuanced ways in which discrimination against women permeates AI-based tools,such as virtual personal assistants.Notable initiatives include the CommitteeontheEliminationofDiscrimination againstWomen addressing this issue through periodic country reports,the emphasis by the UnitedNationsCommissionontheStatusofWomen,and the efforts of theOfficeoftheHighCommissioner for HumanRights in special missions and engagements with major technology companies to adhere to the UN GuidingPrinciples on Business and Human Rights.The existence of these instruments, along with the use of interpretative tools, can help address the current normative gap.These resources provide a foundation for combating AI-driven gender inequality in the absence of comprehensive binding norms. https://lawresearchmagazine.sbu.ac.ir/article_105762.html Abstract In the rapidly evolving world of the metaverse, the use of avatars as digital representations of individuals has become a complex and significant issue in the realm of private law. Despite the expansion of this phenomenon, legal issues related to avatars have not been thoroughly addressed, even though their use raises substantial challenges concerning legal liability, ownership of digital assets, and virtual identities. This article examines the legal status of avatars in the metaverse from the perspective of private law, focusing on the challenges and opportunities present in this field. In particular, it emphasizes civil liability arising from the use of avatars, the identification of legal personality for avatars, and the legal implications of digital assets within the metaverse.The research methodology of this article is descriptive-analytical, employing library-based methods to analyze and explain various legal dimensions of the topic. The aim of this study is to propose a legal framework for regulating avatars and their use in digital spaces, ensuring legal effectiveness and enforceability. This research seeks to clarify the legal issues surrounding avatars, lay the groundwork for regulatory policy development in this area, and propose solutions to existing legal challenges. Furthermore, the article explores the legal requirements for using avatars on virtual platforms and offers possible methods for defining responsibilities and rights in this domain. https://lawresearchmagazine.sbu.ac.ir/article_105763.html In the transition to third-generation universities, universities are required to revise their missions and goals to meet the needs of society and play a fundamental role in the social and economic development of the country. Law schools, as one of the key institutions in higher education, need a fundamental transformation in their missions to both train specialized professionals and actively participate in national decision-making processes. In this regard, moving away from inefficient theoretical education models and towards modern, practical methods is an unavoidable necessity. One of the effective tools for realizing this transformation is the establishment and development of legal clinics. These clinics serve as a link between legal education and the practical needs of society, providing a platform where law students can learn practical skills alongside theoretical knowledge and contribute to solving legal and social issues. This research, using a descriptive-analytical method and drawing from library resources, explores the necessity of transformation in legal education. It outlines the concept, history, and educational, professional, social, and research functions of legal clinics and presents the requirements for this transformation within the framework of higher educational documents. The findings show that legal clinics can play a key role in connecting legal education with societal needs, enhancing students' practical skills, and training committed and specialized professionals. This, in turn, enhances the quality of legal education and contributes to social justice. https://lawresearchmagazine.sbu.ac.ir/article_105951.html Underground natural gas storage (UGS) involves gas pressurization operations for injection into porous space and its subsequent recovery. It is carried out using three common storage methods: storage in depleted oil and gas reservoirs, storage in saltcaverns and aquifers. Given the importance of storage and the efficiency of natural gas storage in depleted hydrocarbon reservoirs in our country, providing an efficient legal framework and presenting an optimal contractual model can facilitate maximum attraction of private sector investment and accelerate the development of storage reservoirs. This research aims to introduce an optimal contractual model for UGS industry development, focusing on the legal aspects of ownership within UGS and the anticipated challenges in our country. Considering the legal implications in existing legislation and a detailed examination of the technical dimensions of the issue, storage should be classified as an upstream operation. Furthermore, considering the unique characteristics of UGS and their substantive differences from the development and production of oil reservoir, along with the state ownership of the injected gas, it seems that using production-sharing agreement (PSC) will not face restrictions under existing laws. Even under stringent conditions, legal challenges regarding ownership of the extracted product and concerns about dominance and monopoly can be easily resolved. This research is conducted through the description of laws, analysis of arbitration rulings and court decisions, and legal and jurisprudential principles and rules. https://lawresearchmagazine.sbu.ac.ir/article_106081.html In Imami jurisprudence, "relinquishment" is recognized as one of the factors leading to the termination of ownership for natural persons; however, its impact on legal entities has received less attention. This research aims to examine the possibility of applying relinquishment to legal entities and analyzes the related juristic evidence, including traditions, the conduct of the Muslim community, and rational principles. The research methodology is based on the analysis of juristic sources and the deduction of existing evidence. The findings indicate that the available evidence—whether traditions or the conduct of the Muslim community—cannot definitively establish the termination of ownership for legal entities due to relinquishment. Rational principles are also subject to doubts and cannot serve as independent proof for this claim. Regarding the ruling on the acquisition of relinquished property by others, it was determined that ownership can only be established for a new person if specific actions such as diving (to retrieve property), reviving land or animals, or performing acts contingent upon ownership (such as selling) are undertaken. In these circumstances, the previous owner no longer retains any rights over the property. https://lawresearchmagazine.sbu.ac.ir/article_106117.html Abstract Recent advances in biotechnologies, demographic policies, and state interventions in reproductive affairs have led to the emergence of a new form of citizenship in which the biological body becomes the primary locus of legal and governmental intervention. This concept, widely referred to in contemporary literature as bio-citizenship, captures the growing convergence between biological life and legal subjectivity. This article offers an analytical and comparative inquiry into the notion of bio-citizenship and examines its institutional manifestations within the Iranian legal system particularly under the framework of the Law on Family Protection and Youthful Population (2021). The central research question explores how this law, through its legal mechanisms and executive institutions, constructs a specific modality of citizenship based on biological characteristics and what implications this model has for human dignity and fundamental rights. Employing a descriptive-analytical and comparative methodology, the article draws on interdisciplinary, Islamic jurisprudential, and public law perspectives, along with critical theories. The findings reveal that the law in question by focusing on Human bodies, reproductive policies, infertility treatment, and abortion control normalizes a form of legal biopolitics that, in the absence of dignity-based safeguards and effective legal limitations, risks transgressing the boundaries of public legitimacy. The study ultimately recommends restoring the balance between demographic interests and individual rights through targeted legislative and institutional reforms. https://lawresearchmagazine.sbu.ac.ir/article_106138.html In Iranian law, "civil liability caused by keeping animals" is provided in scattered regulations, including civil law and Islamic penal law. A pathological look at these regulations indicates that this category of regulations contains problems. One of the most serious damages is to blame this responsibility on "fault". The mention of the word "fault" in Article (334) of the Civil Law has caused the element of fault in the civil liability caused by keeping animals to be given too much attention; In such a way that in some cases, some public institutions, such as municipalities (which are in charge of protecting or at least controlling some animals), try to escape from compensating the victims by distorting the element of fault. However, in Imamiyyah jurisprudence - as the root of Iranian law - there has never been a basis of responsibility based on "fault". Among the other harms of this area, there are cases such as the scattering of these provisions in laws that are not related to them in terms of subject matter (such as the statement of "examples of damage caused by the actions of animals" in the discussion of "Islamic Penal Law Diet" ), pointed out the lack of comprehensiveness of these scattered provisions, excessive text-centeredness of the legislator on this issue and the translation of the same partial and case-by-case rulings in jurisprudential texts and their categorization as legal provisions. https://lawresearchmagazine.sbu.ac.ir/article_106152.html The concept of just war and its relationship with peace and international justice has always been emphasized by political scholars and philosophers. The theory of just war is one of the most important theories in international relations concerning peace and the laws of war, proposed by Immanuel Kant. From Kant's perspective, the use of war as a tool to pursue political goals is inevitable, but this action should not be accompanied by violations of international laws and commitments. The formulation of this theory and its subsequent themes remain a subject of dispute among many political thinkers. Based on this premise, the present research seeks to explain the theory of just war and its characteristics from Kant's perspective and examines its position in the contemporary international legal system with an emphasis on the Russia-Ukraine war. Drawing on library resources and using an analytical-descriptive approach, this article finds that the justifiability of a war is contingent upon respecting principles such as human rights and adherence to international laws, and the formulation of international treaties should aim to legalize war and redefine the concept of just defense. https://lawresearchmagazine.sbu.ac.ir/article_106187.html with the loss of seized property due to improper transportation, irregular accumulation and failure to determine the duty on time, it is possible to request compensation for the victims in both Iran and England. The existence of specific characteristics such as prohibited, smuggled, ownerless, fugitive, and unknown ownership of the goods, it is not considered a valid reason to carry out harmful possessions and to remove civil liability due to the damages. Although in Iran, with the formation of the Property Organization, parallel administrative units have been merged and seized property has been organized, but the multitude of laws and lack of guarantee of efficient implementation to fulfill legal obligations in material and legal possessions of this organization And on the other hand, unsolved legal challenges such as how to prove the organization's fault in judicial courts, has created a big gap in compensating the damages caused by the act or omission of this organization in securing the rights of confiscated property. While in England there are other challenges such as Uncertainty of the responsible entity, insurance restrictions and long proceedings to determine the assignment of property, are among the reasons for not securing the rights of the seized property. The issue is, what are the legal challenges of civil liability caused by damage to seized property in Iran and England? This research, with a descriptive-analytical method, examines legal, judicial and executive challenges in a comparative manner and suggests solutions such as increasing financial fines and Expanding insurance coverage. https://lawresearchmagazine.sbu.ac.ir/article_106203.html Intergenerational justice, as a cornerstone of sustainable governance, necessitates a framework capable of comprehending the inherent dynamism of future-oriented issues and managing conflicts of interest between generations. This study aims to analyze the potential of the principle of "Maslahah" (public interest) in Islamic jurisprudence—as a formulation of "practical wisdom"—to develop an innovative framework for achieving intergenerational justice. The central research question is whether Maslahah, with its rational, teleological, and disciplined characteristics, can be understood as another form of the practical wisdom underlying public law, capable of overcoming the limitations of dominant legal paradigms. The research hypothesis is based on the affirmative nature of this answer and Maslahah's capacity to manage generational conflicts. Findings from this study—obtained through descriptive-analytical methods and comparative analysis of international experiences—indicate that Maslahah, by combining Islamic foundations with scientific indicators, can serve as an effective tool for achieving distributive and intergenerational justice. Furthermore, its institutionalization through transparent evaluation mechanisms and precise metrics can transform Maslahah from a subjective concept into an objective criterion, thereby preventing short-term interests from dominating long-term benefits. This study represents a significant step toward reviving practical wisdom in governance and integrating Islamic teachings with modern governance to achieve balanced and equitable development. https://lawresearchmagazine.sbu.ac.ir/article_106226.html آزادی بیان به عنوان یکی از حقوق مهم بشری در اسناد بین المللی و کنوانسیون های مختلف موضوع بحث قرار گرفته است. به نحوی که دولت ها خود را ملزم به حمایت از آزادی بیان افراد در چارچوب قانون و بر اساس مقررات حاکم بر حفظ نظم عمومی می کنند. با ورود اینترنت به عرصه رسانه، تحولات بسیاری در خصوص آزادی بیان اتفاق افتاد که از آن جمله می توان به عدم محدودیت در ارسال پیام، امکان ارسال مطالب با هویت ناشناس، عدم کنترل کامل دولتی و نهادهای نظارتی و... اشاره کرد. هرچند بسیاری از چالش های مربوط به امکان کنترل اینترنت تا حد قابل توجهی از طرف نهادهای حاکمیتی حل شده اما با ورود بلاکچین به عنوان یک فناوری مبتنی بر اینترنت بسیاری از بنیان های قبلی در خصوص امکان نظارت و اعمال محدودیت تغییر یافت. به طوری که بسیاری از بلاکچین های موجود این امکان را برای کاربران فراهم می کنند که پیام های آنها به دور از دخالت ها و محدودیت های دولتی انتشار یافته و در فضای رسانه ای پخش شود. ویژگی های متنوع بلاکچین که عموماً از آن فناوری در برابر اقدامات دولتی یاد می شود توانسته فضای آزادی بیان را با چالش جدیدی مواجه کند. https://lawresearchmagazine.sbu.ac.ir/article_106275.html The principle of "equality of creditors" implies that the execution of bankruptcy law should treat creditors equally and not lead to discrimination. At the same time, bankruptcy law should not result in undue benefit for the bankrupt. In the Iranian legal system, where the acceptance of interest rates has been challenging due to the suspicion of usury (ribā), a duality exists between the inflation rate and the interest rate for discounting a bankrupt's debts. The issue becomes more complex when the temporal basis for discounting the debts is also not uniform. In fact, matured debts (relative to the date of cessation of payments of obligations by the merchant) are discounted using the inflation rate up to the date of cessation. However, unmatured debts (relative to the date of cessation) are discounted by applying a specific interest rate up to the date of the bankruptcy issuing in the court decision. This different approach to matured and unmatured debts violates the principle of equality among creditors. Furthermore, the significant gap between the date of debt settlement and the date of discounting the debts (both matured and unmatured), combined with inflation, has, in practice, by deviating from the principle of full compensation, led to undue benefit for the bankrupt at the expense of the creditors, exceeding the logic of bankruptcy law. Thus, the current practice of the bankruptcy law in Iran does not have a desirable status in terms of adhering to the principles of equality among creditors and full compensation. https://lawresearchmagazine.sbu.ac.ir/article_106328.html During the COVID-19 pandemic, nearly 70 countries have suspended elections. Article 15 of the European Convention on Human Rights (suspension in times of emergency) allows states to derogate from their obligations to guarantee certain rights and freedoms that protected by law in temporary and exceptional circumstances. Derogation that must be lifted after the emergency situation is resolved. According to this, elections, which may be suspended and derogated for a period of time and postponed to another time. This article reviews the cases that have been brought before the European Court of Human Rights on suspension and Derogation of elections (case study). It focuses on cases that the European Court has heard on elections and “states of emergency” in this regard. The studies and findings of this article show that in the cases presented in the European Court of Human Rights,, some principles can be extracted such as the principle of prior notification (official notification) by member states, existence of a threat to the life of the nation, the principle of proportionality, the principle of non-discrimination, the principle of respect for non-derogable rights, and time limits, are the matters that member states must adhere in emergency and the possibility of suspending elections. https://lawresearchmagazine.sbu.ac.ir/article_106333.html Treatment contracts are one of the types of contracts that face many legal-judicial challenges. This issue is due to the multidimensional nature of the treatment contract as well as the advances and new technologies in the field of medicine and treatment. The conditions included in the treatment contract and the accuracy and authenticity of each are important from a legal perspective. One of the conditions that may be included in the treatment contract for the benefit of the patient is the condition of guaranteeing the result. In order to answer the question of what the condition of guaranteeing the result in treatment contracts means and whether the said condition is correct from a legal-judicial perspective or not, a necessary study was conducted by applying the descriptive-analytical method and collecting information in a library manner.Therefore, if condition of guaranteeing the result means that the doctor will make an effort to ensure the patient's health and recovery, and if treatment and recovery are not achieved, he will pay the patient some money or seek compensation in any way, it is correct and there is no objection to it from a jurisprudential perspective, and it does not seem to be illegitimate or impossible. However, if it means that healing and treatment are at the doctor's disposal, it is considered illegitimate and impossible, and it is a void condition that does not invalidate the contract. https://lawresearchmagazine.sbu.ac.ir/article_106337.html The conflict of evidence in legal claims is a significant topic in jurisprudence, and various solutions have been proposed by legal scholars to address it. One notable—though so far hypothetical—solution is the prioritization of the plaintiff’s evidence. The central question is whether, within the framework of the Islamic legal maxim “The burden of proof lies with the claimant, and the oath is upon the one who denies”, and given the precedence of the plaintiff’s evidence over the defendant’s oath, a real conflict between the evidences of the plaintiff and the defendant can actually arise—such that prioritizing the plaintiff’s evidence would be necessary. Furthermore, the validity of the assumption that the defendant’s evidence is inadmissible, which underlies this hypothesis, is critically examined. In this article, the legal status and validity of the jurisprudential maxim of evidence and oath are clarified, and the role of the judge’s knowledge (ʿilm al-qāḍī) in relation to this principle is also explored. The research adopts a library-based method and processes the information through an analytical-critical approach. https://lawresearchmagazine.sbu.ac.ir/article_106344.html The cadastre system, as one of the foundational infrastructures for property registration and land management, can play a pivotal role in realizing certain fundamental human rights and enhancing indicators of good governance. The central question of this article is: what impacts does the cadastre have on guaranteeing and fulfilling human rights—particularly the right to property, legal security, and sustainable development—and how can it contribute to strengthening the elements of good governance in Iran? This article employs a descriptive-analytical method, relying on library-based data collection, and draws upon domestic legal sources and international instruments to examine the relationship between the cadastre system, human rights, and good governance. In this regard, the role of the Iranian Organization for Registration of Deeds and Properties is also analyzed within the framework of its legal responsibilities. The findings of the research indicate that the establishment of an efficient and multipurpose cadastre system—through the creation of an integrated information database—by enhancing transparency in ownership, reducing land disputes, and facilitating access to accurate information, not only strengthens the right to property, legal security of citizens, and access to social justice, but also contributes to the realization of sustainable development goals and the promotion of good governance components such as accountability, transparency, and the rule of law. However, the lack of thorough legal analyses in cadastre-related policymaking in Iran constitutes a serious obstacle to fully leveraging its capacities in support of human rights. In conclusion, the article offers recommendations for reforming the legal framework, improving the performance of the Organization for Registration of Deeds and Properties, and strengthening the linkage between the cadastre and human rights. https://lawresearchmagazine.sbu.ac.ir/article_106353.html With the advancement of science and civilization, we are witnessing the expansion of technologies in all branches of science. One of the emerging technologies in information and communication sciences is metaverse technology, which is rapidly expanding and becoming widespread due to the capacities and facilities it provides to its users. Since this technology is still growing and has not reached the stage of development, it has faced challenges such as deficiencies in regulations, technical security, and privacy, which have led to the emergence of some crimes in this context. The question that comes to mind is what connection this technology has with financial crimes and what effect does it have on the amount of financial crimes? Due to the wide range of facilities that metaverse provides to its users in different fields, research has been conducted on this technology in various fields such as psychology, management, and medicine, but this technology has not been addressed as it should in the field of law in our country. Therefore, the following research uses a descriptive-analytical method to examine the relationship between metaverse technology and the rate of financial crimes. The results show that metaverse technology, which is a developing technology, can provide conditions that increase the commission of financial crimes such as fraud, theft, money laundering, or even terrorism financing by its users, or make them victims of these crimes. https://lawresearchmagazine.sbu.ac.ir/article_106354.html A significant practical challenge in compensation-related legal proceedings arises from the judiciary’s failure to account for the depreciation of currency values between the issuance of expert opinions and the delivery of final judgments. This oversight, particularly amid inflationary conditions, may result in the erosion of the creditor’s expected interest and the unjust enrichment of defaulting parties, ultimately depriving the aggrieved party of full and genuine redress. Such a shortcoming is intrinsically incompatible with the overarching goal of the compensation regime—namely, the complete restoration of the injured party’s rights. Relying on hermeneutic principles of legal interpretation embedded in the Civil Code, as well as untapped normative capacities within the Iranian legal framework—including interpretive cues derived from the Note to Article 19 of the Law on Official Experts of the Judiciary—and drawing comparative insights from the French legal system, this article advocates for the adjustment of expert-determined valuations at the time of final judgment. This adjustment should reflect the type of obligation involved and the prevailing economic realities, especially inflation. Institutionalizing such a mechanism would promote both legislative and judicial equity, facilitate optimal compensation, and safeguard the injured party’s substantive rights. Should the judiciary remain reluctant to implement this remedial practice, it becomes incumbent upon the legislature to codify such measures through a comprehensive reform of the Civil Procedure Code. This proposed reform would not only better secure the realization of the creditor’s legitimate expectations but also enhance public confidence in the integrity and responsiveness of the judicial system. https://lawresearchmagazine.sbu.ac.ir/article_106416.html Abstract The principle of maṣlaḥa (public interest) has long been presented as the master key to ensuring the dynamism of Islamic legislation, particularly in adapting Iranian personal status law to contemporary needs. In practice, however, its application faces conceptual and structural challenges that often stall reforms or reinforce the preservation of traditional structures. Moving beyond uni-dimensional analyses, this article employs a descriptive-analytical method and a systemic approach to investigate the roots of the impasse between the theoretical potential of maṣlaḥa and its practical inefficiency. The systemic analysis reveals that this deadlock is not rooted in a single factor but in an interconnected network of self-reinforcing challenges. This network originates from conceptual ambiguities surrounding the principle, is amplified by the fear of conflict with sacred texts (nuṣūṣ), and culminates in institutional resistance. This resistance, in turn, constricts the socio-legal discourse required to resolve the initial ambiguities, thus creating an "inhibiting feedback loop" that severely complicates reform efforts. The manifestations of this impasse are evident in persistent legal issues such as child marriage, women's inheritance, the exclusion of grandchildren from inheritance (ḥajb), and divorce rights. Ultimately, the article argues that the challenges in applying maṣlaḥa are not inherent to Islamic jurisprudence (fiqh). Instead, they are largely the product of a dominant interpretive paradigm and institutionalized procedures, a critical revision of which is essential for achieving justice and meeting the needs of contemporary society. Keywords: Maṣlaḥa, Iranian Personal Status Law, Theory-Practice Impasse, Maqāṣid al-Sharīʿah, Systemic Analysis. https://lawresearchmagazine.sbu.ac.ir/article_106448.html The Law on Protection of Family and Youth of the Population (2021) has raised numerous concerns and questions from various angles. Among them, a challenging issue has been the registration and disclosure of identity information of gamete and embryo donors. This issue is not unique to the Iranian legal system and has been raised in many existing legal systems, in response to which certain legal provisions have been devised. The present study aims to show, through a comparative study of different legal systems followed with a critical analysis of them, which model will be the most appropriate and efficient for the current Iranian legal system. In fact, this study aims to attempt to construct a local model from among the existing models, i.e. those of mandatory anonymous donation, mandatory non-anonymous donation, and optional. It should be noted that it is rarely the case that two legal systems being similar in every respect, even those systems that follow the same model, e.g. the non-anonymous donation one. However, the problem and challenge are common among diverse legal systems, though finding a common legal answer to them seems impossible. Rather, each ecosystem is bound to make the necessary decision based on its own specific social, cultural, and legal conditions, in a way that takes into account the interests of all parties. https://lawresearchmagazine.sbu.ac.ir/article_106457.html support workers in hard and harmful jobs obligated in terms of respecting human rights. One of these supports is the granting of grace years. In this research, with adescriptive-analytical method and based on library studies, we tried to investigate the legal effects of the application of grace years and how the rules and regulations and the procedure of the General Board of Administrative Court of Justice in this regard guarantee the human rights of this category of workers. Since the social security organization receives insurance premiums for the retirement years granted to these employees and in return for receiving the insurance premiums, it must provide insurance services, including the average of the last two years of insurance premium payments for the retirement years. It is in the calculation of the retirement pension of the mentioned employees. Although according to the procedure of the Administrative Court of Justice, establishing a retirement pension in the aforementioned manner is an exception to the general rule, but the years of grace of workers in hard and harmful jobs are considered as the years of main employment, for which the social security organization pays an insurance premium received. Therefore in cases such as pension calculation or Adaptation of pension rights, etc. the grace years should be the calculation criteria, just like the years of actual employment. And strengthening this opinion is more compatible with respect the human rights of the mentioned workers. https://lawresearchmagazine.sbu.ac.ir/article_106471.html The constitution, as the fundamental document of the legal system, is a very complex concept, and numerous discussions and theories have been formed about it. One of the important issues regarding the constitution is the types of this concept. Researchers have so far identified various types of constitutions. One of them is the imposed constitution. This article, using a descriptive-analytical method, seeks to answer the question of what an imposed constitution is and what types it has. In the first definition of this concept, it was considered related to a situation in which a foreign country imposes a constitution on that country without the consent of the people because of war, occupation, or colonization. Later, along with foreign imposition, internal imposition was also mentioned, which includes cases such as generational imposition and elite imposition. One of the important issues regarding the imposed constitution is its relationship with the element of consent, which causes legitimacy, which this article has attempted to discuss. https://lawresearchmagazine.sbu.ac.ir/article_106539.html This article examines the conceptual relationship between "Coercion" and "Shared Responsibility" within the case law of the European Court of Human Rights (ECtHR). While traditional frameworks of state responsibility struggle to address the attribution of liability for indivisible harms involving multiple states, the Draft Articles on State Responsibility (2020) highlight coercion as a distinct factor in establishing shared responsibility. Employing a qualitative methodology, this study analyzes key ECtHR judgments, including Ilascu v. Moldova and Russia, Al-Skeini v. United Kingdom, and El-Masri v. Macedonia, to argue that, although the Court rarely explicitly invokes the term "coercion," it employs analogous concepts such as "decisive influence," "effective control," and "positive obligations" to allocate responsibility in scenarios involving coercion. The findings suggest that the ECtHR's approach, which posits that coercion does not negate but redistributes responsibility, aligns with the Draft Articles. However, the absence of a coherent doctrine distinguishing coercion from related concepts, such as complicity, results in ambiguity in the application of shared responsibility. The article concludes that a more explicit recognition of coercion as a basis for shared responsibility could enhance the coherence of judicial practice and mitigate accountability gaps in the international legal order. https://lawresearchmagazine.sbu.ac.ir/article_106572.html Evolutionary criminology, inspired by evolutionary psychology, seeks the deeper roots of criminal behavior in the process of human evolution. According to this perspective, many of today's human psychological traits, such as violence, are products of natural and sexual selection for survival and reproduction. From an evolutionary viewpoint, male violence has two main causes: first, competition over resources (such as food and territory), which justifies the use of violence to protect them; and second, competition over mates, as in the past, men who used more violence to control access to women had a greater chance of passing on their genes. This research suggests that, from an evolutionary perspective, the key factor in male domestic violence against women is "paternity uncertainty." Since men cannot be entirely sure that their spouses have not had sexual relations with others, evolutionary mechanisms such as sexual control and preventive violence have emerged. These include behaviors such as restricting women's interactions with other men, violence in cases of suspected infidelity, increased violence during pregnancy and even filicide. From another angle, this research shows that a single-factor approach to the etiology of male domestic violence against women lacks sufficient explanatory power for this type of violence. Limiting the causes of such violence to factors such as poverty and unemployment cannot provide an accurate picture of this male behavioral pattern. The evolutionary approach, by deepening causal analyses in this field, identifies the root of such behaviors and leads to a more accurate understanding of this phenomenon. https://lawresearchmagazine.sbu.ac.ir/article_106655.html Although many contract scholars have embraced the relational approach and employed it as both a theoretical framework and a practical tool to remedy the shortcomings of contract law in securing the mutual interests of the parties, the claim of an uncertain legal fate for such contracts—particularly due to the potential need for judicial intervention and its consequences—has prevented their widespread adoption. Conversely, theoretical and empirical studies indicate that overlooking relational contracts merely removes the question rather than solving it, leading to the neglect of the economic and social dimensions of contracts as well as the genuine intentions and purposes of the contracting parties. Yet, relationality has tangible effects for the parties and proves especially vital in long-term contractual relationships. As the first legal study of its kind in Iran, this article seeks to explore the nature and characteristics of the relational approach to contracts and, moving beyond purely interpretive perspectives, to introduce a new structured form of relational contract. This proposed model, while written, explicit, and grounded in mutual benefit, remains flexible. Thus, it combines the advantages of relational thinking with a normative and rule-based framework—free from the traditional criticisms attributed to relational contracts—and enables the application of the relational approach in a written form consistent with the fundamental objectives of contract law. https://lawresearchmagazine.sbu.ac.ir/article_106656.html Nowadays, it is fully accepted that United Nations peacekeeping forces, when resorting to the use of force and becoming involved in an armed conflict, acquire a military character and, like other armed forces, are bound to comply with international humanitarian law. Given that these forces are contributed by States to the United Nations and may, in the course of their mandate, commit violations of international humanitarian law, the main question of this article concerns responsibility for such violations and the competent forum for adjudication. Using a descriptive–analytical method and relying on library-based research and an examination of international conventions and instruments, this article seeks to answer the questions raised. It argues that responsibility for violations of international humanitarian law in peacekeeping operations primarily lies with the entity exercising effective control over the operation. At the same time, the responsibility of the United Nations or States does not exempt peacekeepers from individual criminal responsibility. Although peacekeepers enjoy immunity in the territory of the host State, such immunity does not preclude proceedings before the national courts of their State of nationality. Moreover, in cases involving the commission of serious international crimes, peacekeepers may also be subject to prosecution before foreign courts under the principle of universal jurisdiction or before the International Criminal Court. https://lawresearchmagazine.sbu.ac.ir/article_106676.html Contemporary criminal justice is founded on the individualization of sentencing and proportionality between the offence, the offender’s personal characteristics, and the judicial response. Within this framework, the offender personality file functions as a key instrument by collecting multilayered information for the assessment of the offender’s psychological, social, and behavioural background. By providing comprehensive data, it enables a deeper understanding of the roots of criminal behaviour and supports more informed judicial decision-making, thereby contributing to restorative justice, offender rehabilitation, and the reduction of reoffending. The status of this mechanism in the current legal system is significant not only at the sentencing stage but throughout all phases of criminal proceedings and even during the rehabilitation process. This study offers a comparative analysis of the offender personality file in the Iranian and English legal systems. In Iran, the concept was introduced by the 2013 Criminal Procedure Code, making its preparation mandatory for serious offences and juvenile cases. However, the institution faces practical challenges and legal ambiguities, indicating that its effective implementation requires substantial structural reforms. In contrast, the English system has long employed this tool—encompassing psychological, social, and familial assessments—across all stages of proceedings. Cooperation among courts, mental-health services, and social agencies enhances the accuracy and effectiveness of such reports and contributes to reducing recidivism. The findings show that adopting successful English practices, while adapting them to domestic legal and institutional conditions, https://lawresearchmagazine.sbu.ac.ir/article_106711.html The right to disclose a work is one of the author's moral rights, which, more than any other country, is born from French judicial precedent and plays a fundamental role in protecting the privacy and control of the author over his work. This article examines the effects of the right to disclose on the financial rights of the Contracted Parties. One of the main questions is whether the right to disclose in exploitation license agreements can be modified and assigned or not. This article, using an analytical and descriptive method and library resources, has reached a negative result in answering these questions. The authors believe that the right to disclose cannot be modified and assigned to the licensee and is not waived even by concluding a work contract or commission or employment for the creation of the work. As a result, the author still has the right to decide when and how to disclose his work even if he has transferred the financial rights to the work or granted a license to exploit it or has concluded an employment or commission contract for the creation of the work. In fact, in the event of a conflict between the creator's right and the financial right of the contracting party, the creator's moral right to disclose the work is often preserved, even if it is modified, and this permanence and protection can sometimes limit the financial rights of the contracting party to the creator and even expose them to decline and destruction. https://lawresearchmagazine.sbu.ac.ir/article_106731.html In this research The theories and indicators governing the legal personality of humans in the field of artificial intelligence have been examined. The research method is descriptive-analytical. The desired information was obtained through library research and by referring to reputable domestic and foreign databases and websites. The main issue of this research is to investigate the feasibility of identifying independent legal personality for intelligent machines from the perspective of modern legal theories in the field of legal personality and the recent achievements of cognitive sciences.. The results of these studies indicate that traditional (orthodox) theories, cannot accept the legal personality of a newly emerging entity called artificial intelligence. In contrast, the Viza Aj-Kurki Bundle theory, emphasizing the intrinsic value, business affairs, and responsibility, has the ability to have an active legal personality.also the legalism, due to its non-human-centered nature and the authenticity of the legislator as the only authority for identifying legal personality, provides a suitable platform for accepting the legal personality of artificial intelligence. Realists also accept that artificial intelligence possesses human mental characteristics (such as intelligence, will, awareness, and emotion) in strong artificial intelligence, and consider it possible to identify legal personality in this advanced model of artificial intelligence. From the authors' perspective, legal personality recognition is essential for strong AI systems. However, the current (weak) AI's legal personality depends on it having intrinsic value, interests independent of its producer or operator, and moving beyond the realm of objects owned by humans https://lawresearchmagazine.sbu.ac.ir/article_106745.html The right to education is a fundamental natural and social human right that underpins social justice, human development, and equality of opportunity.However, the expansion of education privatization policies has transformed this public right into a market commodity, linking access to education to purchasing power and social class.From a zemiological perspective, the privatization of education generates social harms such as the intensification of class inequality, restricted access to quality education for low-income groups, and increased economic and psychological pressure on families and students.These dynamics weaken social capital, undermine school cohesion, and reinforce neoliberal domination within educational systems. In terms of crime prevention, such harms increase social risk factors by limiting legitimate opportunities for social mobility, reducing the development of social skills, and eroding informal social control, thereby creating conditions conducive to deviant behavior and violence.Moreover, education privatization has contributed to the formation of profit-oriented networks and educational mafias that produce artificial needs and restrict equitable access to educational opportunities.The adverse effects of these policies also extend to teachers, including the weakening of teacher-training institutions, the expansion of insecure and temporary employment, and declining job security.Adopting a descriptive–analytical method and relying on library-based sources, this article examines the theoretical foundations of zemiology and analyzes the social harms of education privatization and their implications for social justice and crime prevention.It emphasizes the necessity of justice-oriented educational policymaking that redefines education as a public right and a key tool for reducing inequality and preventing social harm and crime. https://lawresearchmagazine.sbu.ac.ir/article_106809.html Climate change has been recognized as a risk factor for public health, and the burden of disease among women has increased, especially due to the increase in temperature, the spread of vector-borne diseases, and the intensification of psychological anxiety; this phenomenon, with women's right to health, which is emphasized both in Islamic teachings as a fundamental right and in international human rights texts as a legitimate obligation, has been placed at the intersection of two religious and legal frameworks. The aim of the present study was to conduct a comparison to examine the effects of climate change on women's right to health from the perspective of Islamic Sharia and human rights standards. In the present study, which was written in a descriptive-analytical manner, it was shown that the effects of climate change on women's health have become significantly evident within the framework of Islamic teachings and human rights standards. The results analyzed identified physical impacts on women, including heatstroke, increased malaria, and communicable diseases. Psychosocial consequences, such as anxiety, stress, and pressures from family caregiving, were also noted. The provisions of Islamic teachings, which established the maintenance of physical and mental health as a public duty, overlapped with human rights texts that guaranteed women's equal access to health services; however, shortcomings in the practical implementation of these obligations, especially in climate-vulnerable areas, were clearly demonstrated. https://lawresearchmagazine.sbu.ac.ir/article_106836.html Abstract: Establishing a causal relationship in medical malpractice claims has always faced profound challenges, particularly in cases where determining the precise role of medical error in the occurrence of harm is difficult or impossible. Employing a descriptive-analytical method and a comparative study of European legal systems, this article examines the “lost chance doctrine” as a solution to address this gap. The findings reveal that this doctrine recognizes the “reduction in the chance of recovery or survival” as compensable “damage,” and the experience of certain legal systems indicates a shift away from the traditional concept of causation. However, numerous theoretical and practical challenges—including ambiguity in defining the existence of a “chance,” the subjectivity of compensation criteria, and the risk of increasing frivolous claims—limit its efficacy. A comparative analysis demonstrates that Germanic legal systems (e.g., Germany and Austria), citing the non-recognition of “opportunity” as an independent right, have adopted a more cautious approach. Consequently, despite the advantages of the lost chance doctrine in mitigating injustices arising from the “all-or-nothing” rule of traditional civil liability, its integration with other theories is essential to achieve greater justice. https://lawresearchmagazine.sbu.ac.ir/article_106837.html Recent developments in the field of artificial intelligence have provided a wide range of novel tools and capabilities to strengthen the crime prevention framework. Among the most significant of these tools are AI-based video surveillance systems, which, through the integration of closed-circuit television (CCTV) cameras and advanced image-analysis algorithms, play a prominent role in the management of public spaces by means of situational crime prevention. By employing technologies such as facial recognition, behavioral and emotion analysis, person and object tracking, and the detection of collective anomalies, these systems possess substantial preventive potential with regard to various types of crime, including theft, vandalism, terrorist offenses, child abduction, violent crimes, and others. This article, adopting a combined technical and legal-analytical approach, examines the preventive capacities of AI-based video surveillance systems. After identifying and analyzing the associated legal challenges, it assesses each of these issues in light of the risk-based approach, as embodied in the first binding regulatory framework in this domain, namely the European Union Artificial Intelligence Act of 2024. The findings of this study indicate that the deployment of such technologies, while reducing opportunities for criminal conduct, may constitute an important instrument of crime prevention, provided that legal, structural, and operational requirements aimed at safeguarding human dignity as well as individual and collective rights and freedoms are duly observed by the competent authorities. https://lawresearchmagazine.sbu.ac.ir/article_106901.html This article examines online price discrimination based on algorithmic personalization and seeks to answer whether such a pricing practice may face serious challenges under competition law and personal data protection. The issue is significant because, in recent years, digital market operators have increasingly relied on user behavioral data and advanced algorithms to move toward individualized pricing for each customer—a development that has disrupted traditional pricing structures. Adopting a descriptive-analytical method and drawing on case studies, the article explores the economic, welfare, and legal effects of this form of price discrimination and situates it within different market structures. The legal dimensions are further analyzed in light of European Union competition rules and personal data protection regulations. The findings indicate that the effects of algorithmic price discrimination depend on market structure, access to data, and the degree of transparency. This phenomenon can simultaneously intensify competition or reinforce monopoly, as well as expand markets or exploit consumers. Ultimately, the assessment and regulation of such discrimination require an approach that simultaneously accounts for efficiency, fairness, transparency, and privacy. https://lawresearchmagazine.sbu.ac.ir/article_106960.html This article examines the nature of automated execution in smart contracts and analyzes the possibility or impossibility of breaching them, with reference to the legal approaches of Iranian law and the common law system.The central question addressed is whether smart contracts, as often claimed, are entirely self-executing and breach-proof. To this end, the author first analyzes the assumption of performance in smart contracts and identifies self-executability and self-sufficiency as the key distinguishing features of such contracts. The article then reflects on the concept of breach in both legal systems and assesses the breachability of smart contracts accordingly. Subsequently, based on the degree and quality of these characteristics, smart contracts are categorized into two groups: “fully smart contracts” and “relatively smart contracts.” The findings indicate that complete self-executability is practically unattainable, and even fully smart contracts may be disrupted under specific circumstances, such as software bugs or off-chain events. Moreover, the likelihood of breach is shown to be inversely related to the level of self-sufficiency of a smart contract. The study further demonstrates that the concept of breach in Iranian law and common law extends beyond deliberate non-performance to include situations such as force majeure and interference by third parties. Ultimately, the article emphasizes that despite the technological advantages of smart contracts, exclusive reliance on self-executability is idealistic, and the application of traditional contractual remedies remains necessary in cases involving the breach of smart contracts. https://lawresearchmagazine.sbu.ac.ir/article_106973.html This research examines the paradigm of traditional Iranian governance, focusing on the Qajar period (Nasserite era). The main question of the research is what are the characteristics of the power and governance structure in Iran during the Qajar period and how can it be analyzed in the form of a coherent model? The research method is based on historical-comparative analysis, which uses primary and secondary sources, and an analytical-descriptive approach, to conceptually reconstruct the power structure in this period. Using the concept of "paradigm", the article analyzes the most important dominant paradigm of the Qajar period in three main aspects: Iranian tyranny: Based on Weber's patrimonial theories and Marx-Wittfogel's oriental tyranny, including the components of hereditary rule, the lack of the concept of public interest, the lack of separation of public and private affairs, the ownership relationship between the king and the people, and unstructured power. The Integration of Religion and Politics: An examination of dual legitimacy, the religious-political status of scholars, the mechanisms of interaction between religion and politics, and the role of religion as a legitimizing factor. The tribal monarchy system: including the geographical distribution of power, the hierarchical system, a specific political economy, military power, dual legitimacy, and relations with foreign states. This study shows that some fundamental elements of this three-faceted paradigm can still be traced in the contemporary Iranian political system, which reveals the importance of understanding this paradigm for understanding the challenges of contemporary governance. https://lawresearchmagazine.sbu.ac.ir/article_107014.html The retention of ownership clause is a condition under which the transfer of ownership of the sold item is contingent upon the payment of the price. There is a difference of opinion regarding the nature of this condition. Some legal scholars consider it to constitute a pledge of the sold item to the benefit of the seller, while others view it as a suspensive condition. Regardless of nature of the retention of ownership clause, a critical question arises: what is the jurisprudential and legal status of the buyer,s transactions involving the sold item after entering into contract containing such a clause? Some scholars believe that if the transferee acts in good faith, the transaction performed by the buyer is valid. Others consider the buyer,s transactions to be instances of unauthorized transactions, rendering them voidable. The authors hypothesize that if the nature of the condition is deemed to be a pledge of the sold item to the seller, the buyer becomes the immediate owner of the item, and their legal transactions are valid, but they remain subject to the seller,s (pledgee,s) right. If the seller exercises their right, the buyer,s transactions are annulled from the date of exercise. However, if the condition is considered a suspensive one, the buyer,s transactions are valid but subject to the seller,s right. If the buyer fails to pay the price, their transactions will be annulled retroactively from the date of conclusion. https://lawresearchmagazine.sbu.ac.ir/article_107039.html Male sexual victimization encompasses significant biological dimensions that may critically contribute to increased vulnerability. This study aimed to examine biological factors—including genetic, hormonal, physiological, and neurobiological characteristics—and their impact on the occurrence and severity of male sexual victimization. A mixed-methods approach was employed. In the qualitative phase, data were collected through in-depth interviews with men who had lived experiences of victimization and through a Delphi technique involving experts. Purposeful sampling with predefined criteria was used to select participants. Data were analyzed using MAXQDA software and an inductive coding approach. In the theoretical phase, a systematic review of scientific literature was conducted to develop a comprehensive conceptual framework. Findings indicated that multiple biological factors heightened male vulnerability. Genetic predispositions and dysregulation of the hypothalamic-pituitary-adrenal (HPA) axis were associated with heightened stress responses. Physical impairments and physiological weaknesses reduced defensive capabilities. Neurobiologically, dysfunctions in the amygdala, hippocampus, and prefrontal cortex impaired threat detection and decision-making. Hormones such as testosterone, cortisol, and oxytocin were implicated in risky behaviors, misplaced trust, and behavioral freezing. The interaction of these factors with high-risk environments significantly increased the likelihood of victimization. These findings highlight that male sexual victimization is not solely a social or psychological phenomenon but also has biological roots. The interplay between biological factors and social conditions exacerbates male vulnerability. Consequently, consideration of biological dimensions is essential in preventive policies and therapeutic interventions, providing a foundation for multi-layered strategies to support male victims effectively. https://lawresearchmagazine.sbu.ac.ir/article_107041.html The global expansion of data protection regimes, particularly under the influence of the European Union’s General Data Protection Regulation (GDPR), has raised significant questions regarding their application to international arbitration. Arbitral proceedings inherently involve extensive processing of personal data through pleadings, correspondence, expert reports, witness testimony, and arbitral awards. At the same time, modern data protection laws—often characterized by broad material, personal, and extraterritorial scope—may extend to all participants in the arbitral process, including arbitrators, arbitral institutions, parties, counsel, experts, and service providers. Despite these implications, data protection frameworks were not designed specifically for arbitration, and regulatory authorities have provided little concrete guidance on their interaction. This has resulted in divergent views concerning the compatibility of data protection obligations with the flexibility and confidentiality traditionally associated with international arbitration. This article examines the material, personal, and territorial scope of data protection regulations in the arbitral context. It first clarifies the concepts of personal data, data subjects, and data processing within arbitral proceedings, before analyzing the roles of arbitration participants as data controllers or processors. The article further evaluates the extraterritorial reach of these regulations and the practical challenges arising from their application to cross-border disputes. It argues that even limited processing of personal data may trigger independent legal obligations for arbitration participants and, given the transnational nature of arbitration, affect the conduct of the proceedings as a whole. Consequently, compliance with data protection regulations has become not merely feasible, but practically unavoidable in international arbitration. https://lawresearchmagazine.sbu.ac.ir/article_107043.html Abstract The spatial design of legislative chambers is not merely a physical or aesthetic matter; it functions as a structural factor shaping the quality of political interactions, patterns of dialogue, and modes of decision-making. In the Islamic Consultative Assembly of Iran, the fragmented semi-circular layout, combined with wide spacing between seats and strong visual hierarchies, has fostered a setting in which “performative speeches” prevail over “deliberative dialogue.” This, in turn, has reduced legislative efficiency, intensified partisan divides, and weakened inter-factional cooperation. Drawing on proxemics, environmental psychology, Space Syntax, and comparative studies of successful parliaments, this research addresses how the physical features of the parliamentary chamber affect representatives’ behavior and what alternative design might improve current conditions. Findings indicate that increased physical distance and limited mutual visibility reinforce performative and polarized behaviors, whereas more compact layouts with broader fields of vision promote trust and interaction. Comparative analysis of global models suggests that the horseshoe layout best suits the Iranian context, as it balances consensus and confrontation while enhancing eye contact, cross-factional dialogue, and critical questioning. The novelty of this study lies in its simultaneous analysis of Iran’s parliament alongside global models and in proposing a reformative framework based on the horseshoe design. https://lawresearchmagazine.sbu.ac.ir/article_107044.html The substantive laws of many Islamic countries are partly derived from the teachings of Islamic Sharia. In line with honoring the status of women, these legal systems recognize certain financial rights for the wife not only during marriage but also upon its dissolution. One of the fundamental financial rights of the wife is the right to dowry. In the legal systems of Iran and other Islamic countries such as Iraq and Algeria, the wife becomes entitled to the specified dowry upon the conclusion of the marriage contract. Although ownership of one-half of the dowry reverts to the husband in the event of divorce prior to consummation, the wife’s entitlement remains legally recognized and protected. This study adopts a comparative–analytical approach to examine types of dowry and the grounds of entitlement to and forfeiture of dowry in the legal systems of Iran, Iraq, and Algeria. The findings indicate that the rules governing entitlement or non-entitlement to dowry are largely similar across these legal systems. However, unlike Iran and Iraq, Algerian law considers the determination of dowry a condition for the validity of a permanent marriage contract. Iraqi law, by providing for the valuation of monetary dowry based on the gold value at the time of the marriage contract and distinguishing between prompt and deferred dowry, as well as linking the wife’s fault in marital dissolution to her entitlement, has introduced regulations more consistent with the principles of justice emphasized in Islamic law. These measures remain largely absent in Iranian law. https://lawresearchmagazine.sbu.ac.ir/article_107079.html Relying on Habermas's theory of the public sphere, this study analyzes the structural obstacles to the realization of the public sphere in Iran's legal system. In response to the central question of what the most significant legal barriers to the formation of a public sphere in the Islamic Republic of Iran's system are, the findings indicate that the dominance of a "perfectionist approach" in interpreting the Constitution—centered around a "guiding state" and the prioritization of the "good" over the "right"—has led to three intertwined crises: A legitimacy crisis arising from the disconnection of the legal system from the political will of the people. A sovereignty crisis resulting from the colonization of the lifeworld by the system through extensive Juridification, and A discourse crisis influenced by the rejection of pluralism and the violation of procedural principles of rational dialogue. This triad of crises has brought the public sphere to the brink of dissolution into the state sphere and blocked the bottom-up circulation of power. By analyzing these structural challenges, the present study proposes a transition from the perfectionist paradigm to a model based on state neutrality, the guarantee of public discourse principles, and the recognition of plurality as essential conditions for revitalizing the public sphere and reproducing legitimacy in Iran's political system. This research employs an analytical-descriptive method through qualitative content analysis of legal texts and library resources. https://lawresearchmagazine.sbu.ac.ir/article_107083.html Contracts for the transfer of sensitive technologies, although apparently situated within the domain of private law, in practice lie at the intersection of private law rules and the imperatives of international law, thereby assuming an interdisciplinary character. This article, adopting an analytical–descriptive approach, seeks to identify the interactive dimensions of such contracts in light of, on the one hand, the freedom of the parties’ will, and on the other, peremptory norms of international law. The central issue is that contracts relating to the transfer of sensitive technologies—including dual-use, biological, space, and security-related technologies—are to be analyzed not merely on the basis of the logic of private contractual relations, but within the framework of transnational public order, non-proliferation regimes, development-oriented international obligations, and the requirements of global peace. The article demonstrates that the type of technology at issue determines the degree of international law’s intervention, and that general rules of contract law in this field are profoundly influenced by international obligations, sanctions, export licensing, and security considerations. Accordingly, the contract for the transfer of sensitive technologies is not only a mixed and hybrid institution, but also a point of convergence between public and private interests on a global scale. An adequate analysis of such contracts therefore requires an interdisciplinary framework capable of understanding and explaining the complex interaction between private law, international law, and public policies. https://lawresearchmagazine.sbu.ac.ir/article_107090.html The oil and gas industry, particularly its upstream sector, faces substantial financial demands and significant risks. Attracting large-scale investors in this field is therefore crucial to its success. The National Development Fund of Iran is one such institutional investor with significant capacity. National development funds channel capital into strategic sectors of the national economy. In this regard, these funds seek to invest the national wealth entrusted to them in a manner that brings private-sector investors as well as foreign investors on board. This study employs a descriptive–analytical method to examine the legal foundations of the National Development Fund of Iran’s investments in the upstream oil and gas sector. It examines whether these investments align with effective strategies used by national development funds. The research finds that recent legislative efforts to use the Fund’s capacity in the upstream sector have not created the necessary conditions for the Fund to play a strategic role. This is caused by restrictions on the Fund’s investment authority and weaknesses in related contractual structures. For the Fund to transition from a mere financier to a strategic investor, it requires expanded investment authority, revised contracts, and a range of diverse investment instruments and methods. https://lawresearchmagazine.sbu.ac.ir/article_107096.html This article examines the actions of legal academics and researchers in circumstances where the institutional balance among legal rules, the functioning of institutions, and social expectations is disrupted. the article adopts an analytical and institutional approach and seeks to show how the meaning and consequences of academic conduct change when the institutional context shifts. Under conditions of institutional equilibrium, the teaching, research, and interpretive activities of legal academics are, for the most part, absorbed into a network of institutions and have only limited public effects. In conditions of institutional disequilibrium, however, those same activities may acquire a different institutional and semantic significance and become the focal point of public judgments about the role of this group of legal academics. By analytically comparing these two conditions, the article offers a typology of patterns of action by law teachers and scholars, ranging from reduced professional action to interpretive-analytical action, problem-oriented teaching, structural research, and expertise-based public engagement. It shows that “principled action” should be understood not as a single pattern of conduct, but rather as a relation among action, the language of law, and its institutional consequences. The article evaluating the conduct of law professors and legal researchers without regard to the context in which that conduct acquires meaning leads to absolute and misleading judgments. In conclusion, the article emphasizes that an institutional analysis of legal action is a necessary condition for understanding the role of the legal scholar in relation to the rule of law, fundamental rights, and the public interest.