https://www.jlj.ir/ The Judiciarys Law Journal en daily 1 Mon, 22 Dec 2025 00:00:00 +0330 Mon, 22 Dec 2025 00:00:00 +0330 https://www.jlj.ir/article_733077.html Although scholars and Imami jurists regard the principle as requiring that claims be heard, the application of this principle, alongside observance of the formalistic nature of civil procedure, faces certain challenges. In addition to examining these challenges and setting out six approaches to the possibility of curing the claim and the limits of applying this principle, the present study addresses the role of the legislator, the judge, and the parties’ agreement in making claims capable of being heard. According to the findings of the research, the plaintiff may cure the claim through six avenues: curing the evidence and documents of the claim; adding to the parties to the claim by way of joinder of third parties through third-party notice or third-party intervention; correcting the wording of the relief sought; correcting the subject-matter; correcting the cause of action; and bringing a separate claim. The application of the principle of hearing the claim is not synonymous with curing the proceedings, and it is applicable even in situations in which a claim has not yet come into existence. Legislation drafted with this principle in mind must aim at preventing the proliferation of adjudicating fora and at eliminating formalities; moreover, respect for the parties’ latest intention regarding the implied rescission of the arbitration clause and the hearing of the claim before the court is also necessary. https://www.jlj.ir/article_731274.html The dissolution of a commercial company can be the result of many voluntary and involuntary causes. Except in case of division and merger, the dissolved company enters into the liquidation process and until its end, it maintains its legal personality, although its capacity is limited compared to the time before dissolution. Therefore, the company may need to start an action others or they may seek to bring an action against the company. Courts differ regarding whether the company or the liquidator should be considered the plaintiff or the defendant, and the court's entrance into the substance of the lawsuit depends on the plaintiff's luck; In such a way that in the first assumption, some courts consider the liquidator as the plaintiff and in case of a lawsuit in the name of the company, they do not hear the lawsuit. In the second assumption, there is a difference between the courts regarding the need to file a lawsuit against the company or the liquidator or both. It seems that the judicial anarchism in the case law is caused by disregarding the legal rules; Because according to the survival of the legal personality of the company, it is the claimant or the defendant of the lawsuit as it was before the dissolution of the company and the liquidator is only its representative, and except in special cases, there is no legal and logical basis for the claimant or the defendant to be considered a representative. https://www.jlj.ir/article_733078.html After elapsing twenty years from stating a general rule of admissibility for recovering damages for late payment by Art 522 of the Civil Procedural Code, there are still some ambiguities and issues which have not been resolved so far. One of these matters is the possibility of recovering such damages from the government within the 18-month time period provided by the Law on Payment of Government Monetary Convictions and Non-Provision and Seizure of Government Property enacted in 1986. Evaluating the judgements, legal doctrines and regulations show that those who believe in not possibility of recovering these damages do consider the 18-month deadline as an excuse or insolvency condition. Therefore, the government can cite these facts as like every insolvent and excuser. But opponents mention the concept of insolvency cannot basically be applied to government status and, in fact, that deadline is only for forbidding seizure of government property, not an opportunity for payment. So, based on the principle of obligation to pay and the exceptionality of that time period only for the seizure of government property and also the necessity to fully compensate for the loss, especially in the current high inflation, any doubt about the admissibility of such damages should be set aside. We are trying to address this issue based on library and descriptive research. https://www.jlj.ir/article_731264.html What are the implications of the legal and economic analysis of the money creation process for the judicial system? It is argued that from a legal and ethical point of view, the phenomenon of "increasing in liquidity" is not neutral. Technical and accounting process of money creation has a legal nature and is seriously related to the duties of the judicial system from the perspective of "justice", "protecting of public rights" and "identifying and removing the roots of corruption". Investigating the monetary and banking system of Iran shows that banks and individuals associated with them have ability to create money and obtain purchasing power without any work or producing goods or services. An increase in liquidity equals an increase in the total amount of Rials, but this increase in Rials is not distributed equally or proportionally among the citizens and most of it does not go to the government. The creators of Rials will used this new Rials to buy goods and services and speculate in the asset markets (real estate, gold, dollar and stocks) at pre-inflation prices and thus their wealth will increased. This increase in the wealth of the money-creators is equivalent to the decrease in the wealth of other people. Understanding the nature of the money creation process and its details is a prerequisite for any kind of political or judicial intervention to prevent fraud in the national currency (Rial) and protect public rights. https://www.jlj.ir/article_728919.html The opinions of experts have a special place in solving causation issues. This importance increases in medical malpractice cases. In many cases, judicial authorities refer the proof of causation to experts, And they issue verdicts based on expert opinions. Referring to an expert is the foundation of wisdom and is also prescribed in the law. Expert opinions are considered judicial evidence, from a legal point of view; But in medical malpractice cases, they have a unique position, and often they are exactly reflected in judicial decisions. Experts face many challenges in evaluating medical malpractice cases. Some of these problems are related to judicial courts; in this regard, we can refer to cases such as "request outside the duties of experts." Some of the challenges of the experts originate from themselves, such as "concern with the implementation of justice and fairness and applying it to their comments". Also, some of the experts' problems are caused by the difficulty and characteristics of the cases themselves. In this category, we can refer to "problems related to recognizing injuries and complications". Reviewing judicial practice, providing legal and jurisprudential descriptions of concepts and terms that are not defined in the law, changing the attitudes of experts, and strengthening liability insurance are some of the solutions to face these challenges. https://www.jlj.ir/article_733086.html Today, the scope of the insolvency of many enterprises is not limited to the borders of a territory. Multinational firms have significant and impressive contacts with the jurisdictions of different countries. So, their failure leads to the essential question of which country's laws and courts should resolve the issues caused by such an event. One of the answers proposed to the recent question is the theory of applying party autonomy in resolving the conflict of laws and jurisdictions in international insolvency, and various opinions have been expressed for or against the proposal. This essay has described and analyzed the arguments of the proponents and opponents of this proposal to understand the principles of the views of each of these two groups and the basis of the current mandatory laws in this field as well, and showed that the proposal application in practice faces many legal and practical obstacles and is opposed to the dominant approach to the concept of insolvency. https://www.jlj.ir/article_731288.html Undoubtedly, the doctrine of inequitable conduct is one of the key concepts in patent infringement case law in the United States, playing a significant role in judicial decision-making. This doctrine grants courts the authority to render an entire patent unenforceable if it is proven that the patentee deliberately withheld or misrepresented material information before the Patent Office. However, such a legal mechanism does not explicitly exist in Iranian law. Given the doctrine’s crucial role in balancing the rights of Patent Holders and economic actors while fostering a fair legal environment, this article aims to provide a legal analysis of this doctrine within U.S. case law and explore its potential application for developing Iran’s legal framework in the field of patents. The main research question is: How does the U.S. legal system apply the doctrine of inequitable conduct in patent infringement case law, and how can it be utilized to enhance judicial decisions in Iran? Based on the findings of this study, which adopts a descriptive and analytical approach, U.S. judicial practice in applying this doctrine has been inconsistent, oscillating between excessive strictness and a more flexible approach, leading to divergences among courts. In the Iranian legal system, courts lack an independent mechanism similar to the doctrine of inequitable conduct to assess the bad faith of patentees. Therefore, the Iranian legislature can enhance the accuracy and fairness of judicial decisions in patent litigation by formulating clear and compatible legal provisions tailored to the country’s legal framework. https://www.jlj.ir/article_731267.html Examining the validity of the "expert theory" in the process of distributing damages and the issues surrounding it is one of the most challenging jurisprudential and legal issues that has always been and will be a point of contention among experts in the history of civil liability law. From the perspective of civil liability, examining a liability-generating event is a process that begins with choosing the basis of civil liability and ends with the distribution of damages. In this article, using a combined study method (library and field), an attempt has been made to answer questions such as: Is the distribution of damages among various officials in the Iranian legal system a matter of decree that the legislator should determine, or is it a matter of fact that, like other subject-matter matters, should be left to the investigating authority to determine? What role does the expert theory play in this process and under what circumstances can it be relied upon? Can mathematics and then artificial intelligence be used in the distribution of damages? It seems that although the distribution of damages in Imami jurisprudence and statutory laws is apparently considered a judicial matter, it is in essence a subjective matter. Therefore, in order to issue a ruling on the distribution of damages, especially in complex legal cases, referring to expert theory - by observing specific rules and criteria and without delegating judgment to experts, contrary to the usual practice in courts - is a worthy and necessary step. Finally, utilizing mathematics, converting qualitative indicators into quantitative ones, designing precise formulas, and using the capabilities of artificial intelligence can make the distribution of damages scientific and integrated, minimize the application of taste, and restore expert theory to its original and true position. https://www.jlj.ir/article_733087.html In contemporary times, the imposition of unfair terms by the stronger party upon the weaker party, particularly in adhesion contracts, has become an undeniable reality. In several foreign legal systems, judicial authorities, invoking interpretative principles, initially relied on the general rules of contract law to confront such terms. Gradually, however, legislators explicitly defined this category of clauses and declared them void. Within the Iranian legal system, there are no codified provisions specifically addressing such terms; consequently, "judicial control" appears to be the only viable solution.This study, based on library sources and a descriptive–analytical methodology, seeks to answer the question: "What role can the public prosecutor, as a judicial authority and representative of society, play in addressing unfair terms contained in adhesion contracts in order to protect the weaker party?". The study concludes that the existing legal capacities and doctrines, such as "public rights" and the necessity of preserving "public order", empower the prosecutor, as the representative of the public interest, to seek the nullification of unfair contractual terms and to adopt a wide range of measures, from preventive actions to judicial intervention. https://www.jlj.ir/article_731269.html Sociological research indicates that prosecutorial authorities hold significant discretion in initiating and shaping criminal prosecution. Their decision-making processes, prosecution outcomes, and internal interactions within the prosecutorial system are often influenced by anthropological and extralegal factors. This study seeks to answer the question: How does the gender of the prosecutor, as an extralegal factor, impact decision-making processes within the criminal prosecution system? To address this question, qualitative methods were employed, including content analysis of documents, records, and judicial case files from December 2022 to March 2024. Additionally, in-depth interviews were conducted with 26 actors in the criminal justice system, including 8 female assistant prosecutors, 7 male prosecutors and assistant prosecutors, 6 attorneys, and 5 court staff. The findings reveal that female prosecutors, due to the prevailing male-dominated organizational culture, strive to make decisions in the prosecution process free from gender-based stereotypes. They demonstrate higher levels of precision and responsibility. On one hand, in cases involving crimes against women, they exhibit heightened sensitivity and a stronger inclination towards aggressive prosecution, supported by in-group bias and defensive attribution theory. On the other hand, these actors adopt a different approach in cases involving female offenders, seeking greater support for such offenders through measures like reducing criminal charges and utilizing mediation and reconciliation mechanisms. It should be noted that this policy is primarily applied in offenses that do not conflict with traditional notions of femininity. https://www.jlj.ir/article_733088.html Establishing a commercial court has been a failure experience in the legislative and judicial history of Iran. Even nearly a hundred years have passed since its dissolution, as if it could not remove the bitterness of its experience from the legislator's palate. Therefore, despite the necessity of forming such an authority to deal with commercial claims, the allocation of a branch of the general court as a specialized commercial branch is chosen as a solution with less cost and risk as an alternative to the dedicated commercial court, in order to meet the needs of businessmen in the field of dealing with His claims have been answered. But unfortunately, due to the structural limitations that exist in these specialized branches, such as hearing and issuing judgments only by the judge without the involvement and advice of businessmen, the lack of expert judges in the field of commercial affairs, the lack of a special procedural law and proceedings according to the general law of procedure. Civil proceedings, the need to deal with lawsuits based on the current substantive commercial laws, which are full of defects and cause delays in the proceedings, in practice, the efficiency expected from a specialized authority is not realized by these specialized chambers. In this research, the author uses a descriptive-analytical method and based on library studies, while providing suggestions to eliminate legal gaps in order to make the existing substantive and formal laws more efficient, forming a specialized commercial court instead of a dedicated court or specialized commercial chambers as a more efficient solution. It offers to deal with commercial lawsuits. https://www.jlj.ir/article_733089.html Penal welfarism provides a set of rehabilitation measures in legal and judicial decisions about crime. However, in Iran's criminal justice system, welfare changes are being developed in areas other than prisons, but the correction capabilities of these programs are low. Therefore, the main question is, what factor is responsible for the current state of welfare institutions? Using the analytical descriptive method and relying on Bourdieu's views, we argue that the concept of the penal field provides a better analysis of welfare changes by revealing how practices are formed within the structural forces of the field. By revealing the conflicts, the penal field specifies how situations and habitus can lead to changes towards the idea of ​​control and reconfigure themselves once again through correction. Thus penal welfare institutions reproduce the penal field rather than achieving welfare goals.Unraveling the complexities of criminal power is an important task that shows us that we should move towards a more welfarist and human rights-based criminal justice system. https://www.jlj.ir/article_733090.html In some cases, a criminal judge, in order to adjudicate Offense A and assess the fulfillment of its constitutive elements, is compelled to first determine whether Offense B has been committed. This necessity arises because the legislature, in defining Offense A and enumerating the components of its material element, has required the complete realization of another offense. Therefore, unless the full commission of Offense B—with all its constituent elements—is proven, one of the essential components of the material element of Offense A necessarily remains unproven. However, the judge may be unable to examine or establish Offense B due to the presence of a procedural obstacle, such as the statute of limitations, the complainant’s waiver, or the absence of conditions stipulated in Article 102 of the Criminal Procedure Code. Employing a descriptive–analytical methodology and drawing upon library sources, this study reviews the various interpretive and procedural approaches to the problem. It explains the shortcomings of proposed solutions such as the summary determination of Offense B, criminal-on-criminal dependency, suspension of proceedings, and issuance of an order to discontinue prosecution. Ultimately, it argues that issuing a non-prosecution order or an acquittal with respect to Offense A constitutes the most defensible and coherent interpretation consistent with the procedural and substantive principles of criminal law. https://www.jlj.ir/article_733092.html The use of artificial intelligence in judicial and criminal justice systems can support crime prevention, facilitate decision-making, and improve the accuracy and transparency of sentencing. However, implementing this technology within the justice system presents significant challenges, including issues related to privacy, data security, algorithmic bias, and ethical concerns. This study employs a descriptive-analytical method and case studies to examine the concepts and applications of AI in the field of criminal justice. In addition to outlining the positive impacts of AI on judicial processes, it analyzes ethical challenges such as the risk of excessive uniformity and reduced judicial leniency. The findings indicate that while AI offers notable benefits for enhancing the efficiency of the justice system, human oversight and the establishment of appropriate legal frameworks for regulating and supervising this technology are essential. The study also presents practical recommendations for lawmakers and legal authorities aimed at improving the implementation of AI within Iran’s criminal justice system in a sustainable manner. https://www.jlj.ir/article_731270.html The purpose of history is to examine and understand past events. Judicial matters also pertain to events that have occurred in the past, and therefore, a judge, in preparing the grounds for their ruling, must necessarily establish the facts of the case from the past. The task of both the judge and the historian is to establish the truth within the temporal framework of the past. Thus, judicial proof inherently takes on a historical nature. The present study, employing a descriptive-analytical method, examines the concept of proof in court from this very perspective. Everything that has been said regarding the possibility or impossibility of historical knowledge is also applicable to judicial knowledge and proof. One cannot approach past realities except through coherent evidence and clues. The most important implication of viewing judicial proof through a historical lens is the realization that the judge, too, faces all the difficulties and challenges of establishing a past event and should not be expected to uncover the truth and rule accordingly under all circumstances. Based on this, it must be accepted that some strategies of proof, such as drawing lots (qur'a) and practical principles (osul al-'amaliyya), lack the capacity to represent reality and, in a way, assist the judge in moving beyond the actual event. Reviving the institution of statutes of limitations and reforming the regulations concerning the finality of judgments and the grounds for retrial. smart justice, criminal justice, judicial system, information technology. https://www.jlj.ir/article_733093.html Human resources play the most crucial and sensitive role in establishing a dynamic and efficient administrative system. The implementation of a selection system aims to legitimize the holders of positions and to fulfill the missions of administrative institutions based on various indicators and criteria, carried out by multiple entities. In our country, the responsible bodies for this matter are the selection authorities, and judicial oversight over the decisions and actions of these authorities in executing the laws and regulations entrusted to them falls under the jurisdiction of the Administrative Justice Court as the judicial authority overseeing compliance with legal requirements.Over the years following the establishment and operation of these bodies, the Court has exercised judicial review over various resolutions and decisions. The main question of this article is: what are the grounds for judicial review over the votes of selection authorities in the judicial practice of the Administrative Justice Court? In summary, it can be stated that the main focus of annulled rulings is the failure to observe formal aspects (such as the method of notification and the number of issuing members) and substantive aspects (including exceeding the limits of authorities and jurisdictions, lack of reasoned and documented decisions, the principle of presumption of innocence, and the personal nature of criminal responsibility).The research method employed is descriptive-analytical, utilizing library research for the of collecting sources https://www.jlj.ir/article_725107.html Following the weakening of the principle of intentionality in criminal responsibility with the recognition of criminal negligence, most criminal law scholars advocate for a less severe response to negligent behaviors compared to intentional crimes. However, sometimes recklessness towards the widespread dangers of a behavior can create a relatively strong social blame, leading criminal law to have the same reaction to gross negligence as to intentional behavior. Often, prescribing such a reaction to gross negligence is seen as inconsistent with jurisprudential principles and legal texts. In this research, using a descriptive-analytical approach, while examining gross negligence in light of studying its conceptual pillars, criteria, effects, and foundations in the intensification of criminal reaction, it is clarified that the Islamic Penal Code of 2013, in an innovative move, considers gross negligence, with regard to its foundations such as intentional violation of behavioral standards and modification of the offender’s social selfishness, as one of the factors in the realization of intent in crimes, and in the note of Article 292, with a combination of objective and subjective theory, a specific assessment criterion is considered for its realization by the judicial authority https://www.jlj.ir/article_725230.html The most important international document on standards of judicial conduct is the Bangalore Principles, which contain six fundamental principles of independence, impartiality, integrity, courtesy, equality, competence, and diligence. The purpose of examining these principles is to explain the professional behaviors of judges in order to better perform their judicial duties, as well as to model and create a coherent framework for the systematization of judicial behavior and the administration of justice. In this study, using a descriptive-analytical method, the position of the principle of competence and diligence of judges in the document on the development and excellence of the judiciary and in the light of the Bangalore Declaration is examined. The findings indicate that this document pays attention to the aforementioned issue as an introduction to the development of codes of conduct for judges according to paragraph 8 of the second topic; also, paragraph 6 of Article 6 of the Guidelines for Protecting the Dignity and Status of Judicial Staff has stipulated the preparation of a Charter of Professional Ethics for Judges https://www.jlj.ir/article_731265.html Moral damages in the present era are among the types of damages that affect vast aspects of the lives of the injured individuals, leading to depression and mental health disorders in the victims. Despite the existence of methods for compensating such damages, judicial courts have not yet succeeded in satisfying the victims of moral damages. This is because many of the compensation methods themselves carry shortcomings, rendering these approaches ineffective. In this research, the author, using a descriptive-analytical method and a library-based approach, has examined the pathology of moral damage compensation in Iranian law. The findings indicate that the absence of a comprehensive criterion for measuring moral damages, the failure to restore the previous state, the lack of apology as a method, the failure to distinguish between psychological and moral damages, the ambiguity in achieving the victim's satisfaction, the unclear process of restoring reputation, and the lack of compensatory justice in each method are among the issues in compensating moral damages in Iranian law. These shortcomings stem from incorrect analyses of the nature of moral damages, which, by considering the various needs of the injured individuals and addressing them, along with ensuring the four types of justice (distributive, procedural, interactional, and informational justice) can be resolved. https://www.jlj.ir/article_731266.html Article 515 of the Civil Procedure Law states in a different statement regarding the liability of the plaintiff against the defendant for litigation damages compared to the liability of the defendant against the plaintiff: "... the defendant can also claim damages intentionally caused by the plaintiff with knowledge of being unjustified in the proceedings brought against him ..." This different and notable expression of the legislator needs to be investigated. In the same article regarding how to claim damages in the proceedings, it has been established the possibility of such a claim without submitting a petition during the proceedings. In articles 109 and 144 of that law, it is prescribed to obtain security from the plaintiff to compensate for the damages of the defendant's proceedings in fictitious lawsuits and in lawsuits of foreign nationals against of the Iranian defendant. The phrase "litigation fee" in these two articles and the silence of those articles regarding how to claim and compensate the defendant from the provision received from the plaintiff, has caused a debate and disagreement, which requires investigation and analysis in this field. https://www.jlj.ir/article_731268.html Since its establishment in 2006, the Human Rights Council has expanded its work in the area of ​​using human rights experts to examine and monitor the human rights situation in countries. Special mechanisms, known as “special procedures”, are instruments that were initially developed by the former Commission on Human Rights and then assumed responsibility for their implementation by the Council. The purpose of these procedures is to monitor the human rights situation in specific countries (country missions) or to address major human rights violations at the global level (thematic missions). These mechanisms carry out their monitoring role by providing recommendations, guidance and general reports. Special rapporteurs under these procedures are tasked with examining and following up on the human rights situation at both the country and thematic levels. Such activities have played an important role over the years in documenting the human rights situation in a country, as well as promoting and consolidating new concepts in this field. These reports are not limited to the responsibilities assigned by the Human Rights Council and are used by other institutions and organizations such as human rights treaty bodies, the UN General Assembly, the International Court of Justice, national and international courts, as well as human rights organizations. The results of these efforts are widely cited as reliable and authoritative sources and play a significant role in decision-making and policy-making. This article answers the question of how successful the UN has been in protecting human rights through the Human Rights Council and what are its strengths and weaknesses? https://www.jlj.ir/article_731271.html The legal literature related to Artificial Intelligence (AI) has grown significantly in recent years. This novel phenomenon, similar to industrialization, while offering benefits, also poses risks, including the potential for civil liability arising from AI. AI systems are characterized by their complexity and independent functioning, necessitating the establishment of liability rules governing their actions in pursuit of corrective justice.Over time, AI systems will operate in a fully autonomous manner. However, even in this scenario, the role of human actors cannot be ignored. This indicates that providing appropriate incentives to involved human parties remains crucial in mitigating AI-related damages. Therefore, regulations governing civil liability should be designed in a way that incentivizes those involved in the production and use of AI to effectively reduce the social costs of potential incidents.One of the most important actors overlooked in the legal literature of this field is AI developers and managers. Based on the economic efficiency approach, the findings of this research indicate that the theories of strict liability and negligence, respectively, for developers and managers can lead to economic efficiency. https://www.jlj.ir/article_731275.html The expansion of online transactions and the rapid growth of trading platforms such as Amazon and Digikala have led to the emergence of legal challenges in the field of civil liability. This study aims to examine the principles of liability of online trading platform owners and to propose innovative approaches in this regard, framing the problem as the incompatibility of traditional civil liability frameworks with the dynamic conditions of cyberspace. The necessity of this research arises, on the one hand, from the increase in electronic interactions, and on the other, from the need to enhance consumer protection in digital environments; as the absence of clear standards for determining the liability of online platforms can result in both financial and non-financial harm to users and diminish trust in online commerce systems. The research methodology is of a comparative-descriptive nature; through the examination of legal sources, regulations, and judicial precedents in Iranian law and European Union law, the differences and commonalities in determining the civil liability of online trading platforms are analyzed, and recommendations are made to improve the liability framework. The findings indicate that despite the existence of general principles of civil liability in both Iranian law and EU law, the adoption of innovative approaches such as the theory of contributory infringement and the doctrine of legitimate expectations, as complementary tools for determining the liability of online trading platform owners, can serve as effective means to protect consumer rights and foster the development of electronic marketplaces. https://www.jlj.ir/article_731277.html The authors of literary and artistic works have two economic rights of reproduce and distribute over their intellectual creations, which are generally not possible to exercise these rights due to the lack of the necessary ability and expertise. Therefore, they assign their rights through contracts to specialists and investors of this field. The parties to the reproduce contract are generally publishers, and the parties to the distribution contract are generally holders of related rights. Holders of related rights, unlike publishers, have not been satisfied with contractual protections and have sought to establish separate laws at the global level to identify rights separate from the author’s rights‚ because their relationship is not limited to a group of persons‚ such as publishers, and a network of persons in chronological order, including performing artists, phonogram, and broadcasting organizations, must intervene in the distribution of works so that these works reach the public. Therefore, the complex network exists between these persons and the large investments are made in this field require rights separate from author's rights be identified. There is disagreement regarding whether or not persons’ subject to related rights are protected under Iranian law and how to protect these persons. In this research, we concluded that related rights law exists in Iran, but it only protects broadcasters and broadcasting organizations, and that too incompletely, and copyright law has no connection with related rights, and protection of persons’ subject to related rights should not be pursued in that law. However, in practice, some persons’ subject to related rights have claimed or even acquired the author’s rights by resorting to the author’s rights law and pretending to be the author. This research, using a descriptive-analytical method and using library and internet resources, seeks to examine the position of these rights in the Iranian legal system. https://www.jlj.ir/article_731278.html Guarantees play a crucial role in today's economic transactions. There is rarely a significant deal where one party does not request a guarantee from the other. These guarantees benefit the party that holds a superior economic position and sets the terms of the contract. The prevalence of such guarantees has prompted economic institutions to enter this field to gain profits. These guarantees are characterized by their independence from the underlying contract, thus diverging from traditional guarantee contract. However, in the realm of commerce, dependent and non-autonomous guarantees may also be issued. In this regard, the International Chamber of Commerce (ICC) has established uniform regulations. The dependent nature of these guarantees aligns them more closely with guarantee contract in domestic law. Among all types of guarantee contracts, this type bears the closest resemblance to traditional and jurisprudential guarantees. Both lack the feature of independence and are based on the pre-existence of a debt. Nevertheless, there are significant differences between them. This descriptive-analytical study examines guarantees in international trade and Iranian law. The findings indicate that a conditional guarantee is a tripartite contract, whereas a traditional guarantee is concluded between the guarantor and the guarantee holder. Additionally, in conditional guarantees, the condition of suspension is accepted, whereas, in guarantees, suspension is explicitly invalidated by the legislator. The guarantee contract is an exemplary model of indulgence contracts, whereas conditional guarantees are entirely based on reciprocity. https://www.jlj.ir/article_731279.html In the Iranian legal system, according to Article 1043 of the Civil Code, the marriage of a virgin girl is contingent upon the consent of her father or paternal grandfather. In Imamiyeh jurisprudence, there are seven views on this issue, with the Civil Code adopting one of them. Given the importance of the matter, a question arises regarding the legal consequences of a marriage conducted without the natural guardian’s consent. Some argue that such a marriage is non-enforceable, while others assert that the marriage is valid but carries a legal obligation for the natural guardian’s consent. In this research, by reconciling the rights of both parties (i.e. as much as possible, combining two or more conflicting reasons and applying them is better than discarding one or both of them) and considering the undesirable consequences that declaring the contract void might bring, the conclusion reached is that the marriage of a virgin girl without the natural guardian’s consent, which faces obstacles to the continuation of the contract, is valid and requires the consideration of the father’s or paternal grandfather’s permission. If the consent is not granted, the marriage is annulled from the moment the natural guardian’s refusal or failure to consent occurs. However, if the obstacle, such as the death of the father or paternal grandfather, is removed prior to the granting or refusal of consent, the marriage retains its legal validity. https://www.jlj.ir/article_731280.html In the process of liquidation after the dissolution of the legal personality of commercial companies a person or institution must be held accountable for the damages and crimes that have been committed against the physical integrity of the victim due to the activities of the company during its life.Due to the exceptional ruling of the legislator and the continuation of the legal personality of companies in liquidation until the end of the liquidation of the company's affairs, the issue of attributing criminal liability and paying blood money on behalf of the company is possible.On the other hand, in the event of the completion of the liquidation and complete liquidation of the commercial company and consequently the loss of its legal personality, the obligation to pay blood money is in a halo of ambiguity and must be taken into account by separating the forms of liquidation and the type of companies. In the merger of companies, all debts, obligations and financial rights are transferred to the merged company, and as a result, blood money and damages resulting from the crime are also subject to the general rule of debt transfer and will be the responsibility of the merging company.In a relative company, the guarantor partners are guarantors in proportion to the company's share,and in a joint and several company,in proportion to the total blood money. In the case of the subject in other commercial companies is accompanied by a two-pronged approach regarding the obligation to pay blood money, the first branch does not consider the public treasury to be acceptable for providing blood money from its location, and the second branch, based on the unity of the articles of the Islamic Penal Code and expanding on the rule"Muslim blood will not be trampled",believes in paying blood money from the public treasury. https://www.jlj.ir/article_731281.html A large part of a person's cognitive and interpretive process is formed unconsciously. Although he may make conscious decisions at times, while he is apparently making conscious choices, his thinking and decision-making are deeply influenced by the unconscious process that dominates his mind. It is at this stage that cognitive biases occur. The main question of the present research is how cognitive bias affects the judge's judgment? To find a more precise answer, the subject of the article is limited to the effect of cognitive bias in establishing causation. In this article, we will see that the uncertainty of the legal system in the issue of causation and the reference of legal doctrine to custom to determine the cause have caused the judge to use various tools such as expert theory to establish custom and to make decisions on the issue of attributing responsibility by assuming himself as an average and ordinary member of society, which brings into play the judges' intuitive judgments and tendencies. It is in these circumstances that cognitive biases find a suitable ground for their emergence and impact. Also, there is no way to completely prevent the occurrence and eliminate the negative effects of cognitive biases because, on the one hand, judges will not be able to formulate a verdict without biases and, on the other hand, these matters, like the process of dreaming, occur unconsciously and cannot be controlled. However, awareness of these biases is necessary. This awareness can be provided in the form of various laws or in the form of basic training for judges before or during their training. The present research examines these issues in a descriptive-analytical manner using direct findings from psychology in law. https://www.jlj.ir/article_731290.html Overcriminalization means the criminalization of behaviors that should be allowed in principle, and law braking means committing a crime or having a negative attitude towards the law. The most harmful consequences of overcriminalization is the increase of law breaking in society; Because if citizens are punished for violating laws that a significant percentage of them consider unfair, public trust in the entire penal justice system and the ugliness of law breaking will gradually disappear, so that society no longer is sensitive to this issue. This research, which is kind of basic theoretical and descriptive in terms of its purpose, and the information was collected using Persian and English books and articles, seeks to answer the question What are the reasons for the increase in law breaking in the situation of overcriminalization? According to the research findings, Creating restrictions in the scope of freedoms and inappropriate interference in the privacy of citizens causes them to resist obeying the law, Overpunishments has a negative effect on the deterrence of punishments and, consequently, on the reduction of crime, overcriminalization reduces the capacity of the criminal justice system to effective counter with severe and dangerous crimes, and this issue strengthens the tendency to commit more crimes. Some values become anti-values with extreme criminal support and the society is no longer sensitive to the violation of those values, And finally, overcriminalization leads to formal legalism, which causes some people, while having a negative attitude towards the law, to obey only because they get a special benefit and privilege from doing so. With attention to these reasons, overcriminalization by reducing the moral authority of the criminal law and creating the motivation to commission of crime in people increases law breaking in the society. https://www.jlj.ir/article_732041.html Litigation is inherently linked to the presence of a defendant, typically defined as the individual against whom the main claim is made. However, complexities arise when we encounter "improper defendants"—individuals who lack any substantive connection to the litigation or legal relationship with the plaintiff, yet are included in the defendant list, often to establish jurisdiction based on their residence. The question about such defendants, called "improper defendants," is what is meant by an improper defendant, and by what criteria can the court identify them? Also, what are the motives that lead to the inclusion of an improper defendant in the lawsuit and what solutions are there to counter these motives? The present paper aims to provide a suitable answer to these questions using a descriptive-analytical method, library resources, and extensive study of judicial proceedings. Ultimately, the conclusion is that: 1. An improper defendant is a defendant against whom neither a main nor a minor claim has been filed, nor does it facilitate the handling of the case. 2. Abuse of local jurisdiction and time constraints, prevention of striking out the claim and protest of a third party, as well as acceleration of obtaining evidence are among the motivations for including an improper defendant. To deal with including an improper defendant, there are various solutions such as striking out the claim, issuing cost security orders, along the proper interpretation of relevant procedural rules. https://www.jlj.ir/article_732138.html Downing of Flight PS725 on January 8, 2020, was an extremely painful incident that brought with it numerous legal challenges. Although the Iranian government’s negligence as a third party in this incident is clear, Ukraine International Airlines failed to prove it was not negligent in the case of "S. et al. v. Ukraine International Airlines" and, according to Judgement No. 3303, the Ontario Court ruled that its liability for damages was unlimited. The Review of the contents of this judgment raises questions such as whether the behavior of the Ukrainian Airline on the night of the accident can be considered as negligence? In addition, having regard to the third party's negligence in this incident, another question is that why the third party negligence defense was not accepted by the court in this case?Assessment of the court's grounds for finding the Ukrainian airline at fault leads to the conclusion that, contrary to the court's statement that the criterion for finding fault is the behavior of a reasonable person in similar circumstances, the court did not consider this criterion because, during the period between the Iranian missile attack and the downing of the Ukrainian plane, 55 airlines behaved similarly to the Ukrainian airline and had effectively assessed the risk of flying during the aforementioned period as acceptable. Also, the third-party negligence defense was not accepted by the court due to the Ukrainian airline being found at fault and due to the presence of the word "solely" in Article 21, paragraph 2, subparagraph b of the Montreal Convention, which seriously casts doubt on the effectiveness of this defense. https://www.jlj.ir/article_732271.html This article examines the two concepts of "media justice" and "just media" at the intersection of media and criminal justice. With the advent of new media, particularly digital platforms and social networks, the media's influence on public opinion in legal cases has increased unprecedentedly. This exacerbates the inherent tensions between the right to freedom of expression, the right to access information, and the principles of a fair trial, including the presumption of innocence and the right to privacy."Media justice" refers to the phenomenon where media coverage, relying on sensational, selective, and biased reporting, influences public opinion and can prejudice the outcome of a trial. This phenomenon can lead to a violation of the court's independence and impartiality, a weakening of the presumption of innocence, and a breach of individuals' privacy, resulting in severe psychological and social consequences such as stigmatization, penal populism, and the promotion of online vigilantism.In contrast, "just media" addresses the constructive and positive role of media in enhancing transparency, accountability, and public awareness within the criminal justice system. This article, adopting an interdisciplinary approach, analyzes this duality from the perspective of Islamic jurisprudence and statutory law. The research findings indicate that "media justice" can weaken fundamental principles of a fair trial, such as the presumption of innocence and judicial impartiality, by creating public prejudice and pressure on judicial authorities. Conversely, "just media" plays a constructive role in exposing corruption and supervising power by promoting transparency and accountability.This article employs a descriptive-analytical method, with data collected through library research and document analysis (laws, rulings, and jurisprudential and legal sources). The data analysis is qualitative, utilizing a content analysis approach to texts and a comparative study of concepts in jurisprudence and law. https://www.jlj.ir/article_732441.html The swift development of computing platforms and their vast influence over human lives, along with the limitations of conventional laws due to the intricacies of this domain, emphasizes the need to develop regulatory techniques. Most social interactions these days are done on computing platforms and content generating computing platforms, which are user centric and allow users to virtually put any content on them, are exceptionally relevant today. In this light the question arises about whether the platform has a responsibility to that content, meaning does the platform engage in any culpability for that content? Is it not, or is it, and is that only to delete and deny access to disallowed and criminal content, or does that go deeper? The present study, with the analysis of three models of law of cyberspace, i.e., co-regulation, self-regulation, and government regulation, can provide a view into the transfer from complete immunity of the platform, acceptance of limited liability as a part of regulation. In constructing the analysis, two models identified, co-regulation and self-regulation, can give perspective on moving the platform from being a compellable entity under the law, to becoming an active player in initiating and upholding rules and regulation, notwithstanding the fact realistic challenges such as subjective interpretation, justifiable trigger points for deleting content and block conflicts exist. https://www.jlj.ir/article_734044.html Res judicata constitutes one of the fundamental principles underpinning the international arbitration system, serving to ensure the finality and stability of arbitral awards and to preclude the possibility of re-litigation. Nevertheless, a critical question arises: are there circumstances under which the full application of the effects of res judicata may be precluded or rendered impracticable? Adopting an analytical and comparative approach, and acknowledging the existing lacunae in international arbitration instruments as well as notable deficiencies in contemporary legal scholarship, this article aims to examine the exceptions to the doctrine of res judicata through an in-depth study of arbitral practice. Specifically, it explores instances in which arbitral tribunals have declined to give full effect to res judicata, thereby delineating the boundaries of this principle. The legal analysis—grounded in applicable rules and principles—leads to the conclusion that, notwithstanding the central role of res judicata in securing the efficiency and integrity of arbitral proceedings, international tribunals have, in exceptional cases, refrained from its strict application. These exceptions include, inter alia: fraud in the arbitral process, issuance of a corrective or supplemental award, conflict of the award with international public policy, emergence of new evidence, fundamental changes in the legal or factual matrix post-award, lack of jurisdiction, and violations of due process. Recognizing such exceptions, on the one hand, safeguards the efficiency of the arbitral process, while, on the other hand, it strengthens the legitimacy, enhances the flexibility, and fosters greater confidence in the international arbitration system. https://www.jlj.ir/article_734241.html The rule of law is not merely a set of written rules but an "institutionalized integrity" in the reciprocal interaction between the state and its citizens, forming the backbone of institutional legitimacy and social stability. This study, employing a mixed-methods approach, aims to provide a multi-layered explanation of the impact of a "culture of law evasion" and the "perception of corruption" on the enforcement of laws within the Iranian judicial system. In the qualitative phase, through in-depth interviews with 30 senior managers and experts and subsequent thematic analysis, four main vicious cycles were identified: 1) erosion of institutional legitimacy, 2) weakening of social cooperation, 3) consolidation of arbitrary discretion and structural inequality, and 4) a defective reproductive cycle between culture and structure. In the quantitative phase, to empirically test the model derived from the qualitative findings, data were collected via questionnaires from 108 senior managers and experts in subsidiary bodies of the judiciary across seven provinces. Data analysis using structural equation modeling (SEM) revealed that the "culture of law evasion" has a significant negative impact on the enforcement of regulations, providing empirical support for the theory of procedural justice. Furthermore, the "perception of corruption" has a significant negative impact on both civil and criminal justice, which corroborates the "quality of governance" theory. The main innovation of this research is the identification of the moderating role of "quality of life," whereby an improvement in quality of life significantly mitigates the negative effect of corruption perception on civil justice. These findings underscore the necessity of integrating structural reforms with cultural and social policies and provide an evidence-based framework for rebuilding public trust and strengthening the rule of law.