Private Law
Morteza Torabi; Iraj Babaei; abbas toosi
Abstract
Fundamental human rights have traditionally been discussed in public law and can be applied to state-citizen relations (vertical relations). However, its application in the relationship between citizens (horizontal relationship) is undeniable. In this article, we first describe the principles and methods ...
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Fundamental human rights have traditionally been discussed in public law and can be applied to state-citizen relations (vertical relations). However, its application in the relationship between citizens (horizontal relationship) is undeniable. In this article, we first describe the principles and methods of exercising fundamental rights in contractual relations between individuals. These foundations are based on the theory of state action, fundamentalism, and public policy. We will then see how the social principle at the source of rights such as freedom of education, strike, access to information, freedom of employment and freedom of religion, which are necessary for social life in a democratic society, should not be violated in contract law. The main question is how social dignity as a principle is respected and respected in contract law. In case of violation of the principle, what effect does it have on the validity of the contract? This article answers this question with analytical and library methods and relying on the analysis of different opinions of the courts of some legal systems of European countries, it can be said, in Iranian law, the rights arising from the principle of the above are general civil rights that cannot be revoked by contract, even in part. Violation of these rights will invalidate all or part of the contract.
human rights
Mahnaz Rashidi
Abstract
Nowadays, right to water, increasingly has recognized in international documents as one of the human rights that is inextricably linked to other instances of human rights, such as the right to life, the right to health, and the right to adequate standard of the living. Recognizing this right in human ...
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Nowadays, right to water, increasingly has recognized in international documents as one of the human rights that is inextricably linked to other instances of human rights, such as the right to life, the right to health, and the right to adequate standard of the living. Recognizing this right in human rights discourse, on the one hand, obliges States not to interfere in the free access of human beings to water, and on the other hand, it rests the responsibility of providing the arrangements of water supply and access to this vital substance for them. Although the main commitment of fulfilling the obligations of the right to water is the executive bodies of a country, but the legislative and judicial institutions also have responsibilities for the full realization of this right. The question that this study has been written in order to answer it, is: what role does the judiciary of the Islamic Republic of Iran play in ensuring the right of Iranian citizens to water? The result of descriptive-analytical studies in this paper, which is obtained using library studies and review of international documents and domestic laws, is that judiciary with the main task of establishing rights and justice and reviving public rights, can guarantee the right to water in three general areas: prevention, monitoring and litigation. However, the lack of explicit recognition of the right to water in domestic law is the most important shortcoming, which has largely limited the scope of action of this body to guarantee of right to water
Public Law
keivan eghbali
Abstract
The suspension of the human rights is one of the solutions which was designed to strike a balance between the need to respect human rights and human freedom and safeguarding of public interests in the emergency status. In the meantime, in order to prevent any possibility of misuse of authority in recognizing ...
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The suspension of the human rights is one of the solutions which was designed to strike a balance between the need to respect human rights and human freedom and safeguarding of public interests in the emergency status. In the meantime, in order to prevent any possibility of misuse of authority in recognizing the necessity or non-necessity of the suspension of the human rights by government, some preconditions have been provided. In this context, due to the implicit recognition of the possibility of suspension of human rights within laws of Iran, the present study aims to investigate with a descriptive-analytical method whether the judicial oversight in the process of suspending human rights can play an effective role in preventing possible human rights violations in this process? The results indicate that after review of existing jurisprudence one can conclude that judicial oversight of the judiciary on implementation of preconditions of the suspension can play an effective rule in protecting the rights of the citizens. It is important to note that in the entire supervisory process, three basic criteria and principles, namely the rule of law, judicial independence and impartiality, must always be at the forefront of the work of the relevant institutions in the judiciary; Criteria that each of them depends on appropriate guarantees by the judiciary.
Private Law
Iraj Babaei; Morteza Torabi
Abstract
Human rights are traditionally discussed in public law and in government-citizen relations, but this does not mean denying its impact on private law. In contract law, principles such as the rule of will or freedom of contract are themselves in line with human rights principles, but are not sufficient ...
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Human rights are traditionally discussed in public law and in government-citizen relations, but this does not mean denying its impact on private law. In contract law, principles such as the rule of will or freedom of contract are themselves in line with human rights principles, but are not sufficient to fully protect fundamental human rights. For this purpose, it is necessary that other principles can be introduced as principles in line with traditional principles in contract law. The most basic principle of human rights is the principle of human dignity. The question is, to what extent and in what way can this principle be applied in contract law? Can fundamental rights derived from this human rights principle be revoked by a contract? In this article, with emphasis on various cases in the jurisprudence of some countries and the European Court of Human Rights, we have come to the conclusion that The principle of freedom, which includes important rights such as human dignity, the right to respect for family life, and the principle of non-discrimination, which encompasses various aspects, sometimes as a limiting factor of the will to prevent the infringement of a condition or contract contrary to them and sometimes fundamental rights arising from these principles. As general civil rights, they are also partially irrevocable or revocable. The research method has been library and by studying the judicial practice of countries and Iran.
Information Technology Rights
leila raisi; flore ghassemzadeh liyasi
Abstract
Development of information and communications technology and new functions of the cyber space have affected the right to privacy and they could be more harm ahead, due to faster searching, more access to data, and lack of correct organization of the cyber space. Therefor governments should establish ...
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Development of information and communications technology and new functions of the cyber space have affected the right to privacy and they could be more harm ahead, due to faster searching, more access to data, and lack of correct organization of the cyber space. Therefor governments should establish an effective legal system by reforming the laws and regulations as well as creating special methods. The current research using an analytical-descriptive method is looking for the challenges which the Iranian legal system is facing, to prevent the violation of the privacy and personal data in cyber space. The findings of the research show that although the policy makers have an attention to the rights of the citizens, and could be assessed positively, but some challenges still remain. In order to remove these challenges, the government should enact appropriate and effective laws and regulations suitable for cyber space requirements. In enacting such laws and regulations, international human rights rules and international documents and norms need to be considered.
Private Law
Abbas Mirshekari
Abstract
The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, ...
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The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, according to the United States of America’s law, right of pre-emption is recognized. Publicity Right means that exploitation of another personality with his permission. Although the scope of this right includes both celebrities and ordinary people, but it is claimed mainly by famous people to fence their interests. Although there is no doubt about this right but there are disagreements over its realm: “Can an exception be made for this right or, any possible use of another personality is subject to the permission of the person?” In American law, full implementation of this right is known as a violation of freedom of expression. For this reason, this right has been modified and, in particular, its boundaries have been defined by freedom of expression. The most important challenge in this direction is determining the criteria for distinguishing the realm of the right. Various criteria are presented for this purpose. The most important criterion is the theory of fair use. Accordingly, if a person changes the identity of a celebrity and transform it into another form or, if the intention of the individual is to disseminate information about a famous person, his action will be justified. In fact, in these two cases, the right of publicity will be sacrificed at the expense of more important value: freedom of speech. In this article, we are trying to provide suggestions for the Iranian legal system by studying the USA legal system.
human rights
Pooneh Tabibzadeh; Reza Eslami
Abstract
This article first reviews the concept as well as the elements of participation in the process of restorative justice, and emphasizes the importance of the presence of all parties including victims, perpetrators, and the local communities, in conflict resolution in transitional society. The article also ...
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This article first reviews the concept as well as the elements of participation in the process of restorative justice, and emphasizes the importance of the presence of all parties including victims, perpetrators, and the local communities, in conflict resolution in transitional society. The article also studies the impact of participation in achieving the major goals of the transitional society including national reconciliation and peaceful coexistence. The main question of the article is whether the multi-party participation in the process of the restorative justice has an impact on the realization of the goals of the transitional society. This article argues that the participation of all parties in a transitional society, as victim, perpetrator, or local community has a great deal of impact in the achievement of these goals, and it provides for both the protection of victims and rehabilitation of the perpetrators and it provides for both the protection of victims and rehabilitation of the perpetrators.
