Papers by Journal of Legal Research
Journal of Legal Research , 2025
Assisted reproductive technology (ART), including laboratory-assisted fertilization and fetal r... more Assisted reproductive technology (ART), including laboratory-assisted fertilization and fetal research, has raised expectations for many individuals struggling with infertility. However, it has also given rise to complex legal issues and sparked ethical and social debates that demand further clarification. Undoubtedly, laboratory-assisted fertilization represents a relatively new medical field, and ongoing advancements in medicine and emerging opportunities present continuous challenges in addressing these questions. The main question explored in this research is: How is the legal status of laboratory-fertilized embryos viewed in Islamic jurisprudence, Iranian law, and German law? Findings indicate that in Germany, guidelines aim to prevent the creation of surplus embryos. However, specific laws regarding the management of such embryos do not exist. Laboratory surrogacy is prohibited in Germany unless the woman's own oocytes are used in the process. Approving legislation for embryo donation to infertile couples is considered a significant but insufficient step in this context. Several important issues remain unanswered and ambiguous in the current law, requiring attention from lawmakers in subsequent revisions. In Iran, the most significant law is the Act on Embryo Donation, ratified in 2003, which necessitates revision. Regarding Islamic jurisprudence, a comprehensive opinion is challenging due to the lack of consensus on the status of laboratory-fertilized embryos. The research methodology employed here is descriptive-comparative.
Journal of Legal Research , 2025
The pre-sale contract of the building, which is explained according to the CPC approved in 1389... more The pre-sale contract of the building, which is explained according to the CPC approved in 1389, has a different mechanism from the civil law in terms of dissolution, especially termination of the contract. Notice these rules which are discussed in the description of the article; Questions arise that in case of shortage or increase in area or violation of the obligation and defective construction, is there a place to implement Articles 237 to 239 related to the condition of action and Articles 355, 384 and 385 of the Civil Code? What will be the legal status of the pre-sale contract if the construction contract is concluded between the landowner and the contractor before the pre-sale contract, and after the pre-sale contract is concluded, the partnership contract is terminated or it is not possible to fulfill it? This article explains the specific conditions of this law and mentions the provisions of the cases of disputes over the area of the unit made with the contract, which is the right of termination and compensation. It is also said that non-observance of the formalities of the official document leads to the withdrawal of the contract from the benefits of the pre-seller law, including facilitating the right of termination for the pre-seller. Also, the present article, while stating the different cases of termination of the construction participation contract, shows that the termination has no effect on the pre-sale contract and the land owner cannot waive his obligations by transferring the land.
Journal of Legal Research , 2025
Given the extensive scope of damage compensation rights and the intricate regulations governing... more Given the extensive scope of damage compensation rights and the intricate regulations governing them, parties involved in actual or potential causes of loss constantly seek ways to ascertain the extent of their liability, hoping to avoid substantial and unpredictable compensation claims. This is only possible via the intersection of civil liability and contract law, which can manifest itself in various forms. However, there may be some complications. Despite their similarities, such agreements may result in different outcomes, and disregarding these differences can lead to adverse consequences. In this regard, a Contract of Conciliation offers useful applications and can serve as a reliable solution for compensating losses. However, compensation conciliation requires adherence to the principles governing such contracts. Although legislators sometimes deliberately restrict individuals' autonomy in matters concerning compensation conciliation, in instances where the law remains silent, judicial proceedings are required to address the related issues, shortcomings, and ambiguities. Compensation conciliation holds legal justification as long as it does not abuse the position of the injured party. Therefore, the authors used a descriptive-analytical method to state the problem and substantiate this argument. Moreover, no specifications were considered when investigating the general rules governing compensation conciliation except in cases of public order and mandatory laws.
Journal of Legal Research , 2025
The principles of procedure are the public and general criteria for achieving a fair and just p... more The principles of procedure are the public and general criteria for achieving a fair and just procedure. These principles provide the Background for the proceedings' efficiency by explaining the parties' role and authority in the proceedings. The principle of sovereignty of the will is one of the fundamental and specific principles of civil proceedings, which can be justified based on the purpose, function, concept, and private nature of civil proceedings and the right of its subject. Generally, the acceptance of will in law is rooted in the theoretical and philosophical discussions of law and is considered one of the main foundations of private law. Accepting it in civil proceedings is a basis for attention to litigants’ human dignity and provides the way for their wise and beneficial behavior. From this point of view, civil proceedings are a legal practice that requires qualifications to play a role in it. The sovereignty of the will guarantees the freedom of action of litigants in performing their duties and exercising their rights in the legal process, and it has important effects that have been examined separately at the beginning, during the action, and at the end of the action and enforcing the verdict. This principle does not conflict with other procedural principles; Perhaps it's in line with other principles and it is a prerequisite for the realization of a fair and just trial in the light of the cooperation of the parties and the judge in the course of the trial.
Journal of Legal Research , 2025
The Persian legal system existed from the time of the Medes until the Sassanid dynasty. In vari... more The Persian legal system existed from the time of the Medes until the Sassanid dynasty. In various topics of civil law, such as ownership, endowment, contract’s general rules, sale, lease, company, power of attorney, suretyship, mortgage, guarantee, will, inheritance, family rights, principles had been established, which approves in that period of time, certain legal principles, rules and customs existed. Although these rules are rooted in the common conscience of humanity. Nonetheless, identifying these rules is important. This system was used throughout the areas that were under the dominance of the Persian Empire, including countries such as Iran, Afghanistan, Tajikistan, Uzbekistan, Azerbaijan, Armenia, Georgia, Pakistan, Turkmenistan and Iraq. Based on the available evidence and numerous sources, it can be inferred that in this system, there were various civil law topics in written form, it can be claimed that this legal system was a codified. The origin of the legal rules in this legal system is religion, customs, cultures and Decrees of Shahs. The Persian legal system, during the Sassanian era, is influenced by the learnings of Zoroastrianism in some legal issues like personal status. It should be noted after the fall of the Sasanians; this legal system has no authority in any country. However, the rules related to the personal status of the Persian law are still valid for Zoroastrians in Iran. In this article, the author tries to analyse the legal issues of various topics of civil law in the Persian legal system by using the remaining authentic sources.
Journal of Legal Research , 2025
By studying Iran's criminal policy and its developments, we realize the fact that the criminal ... more By studying Iran's criminal policy and its developments, we realize the fact that the criminal legislator has used two strategies at any time: the first strategy is related to Sharia standards and the second strategy is related to governmental or customary standards. Despite being aware of the differences, the legislator has always considered these two strategies as integral principles of criminal policy. This research with descriptive-analytical method has achieved the important fact that these two strategies were present in all legislative periods from General Penal Act 1304 to Islamic Act Code 1392 and only the share of each has changed. Apparently, these two strategies are competing with each other, but in fact, despite the differences, the common point that can be seen in the legislative process is the preservation of both strategies, which is a legislative phenomenon, and the legislator can achieve greater compromise and homogenization by resolving the conflicts and harmonizing the above two strategies.
Journal of Legal Research , 2025
The maintenance of the sovereign equality of states rests largely on the adherence to the law of ... more The maintenance of the sovereign equality of states rests largely on the adherence to the law of state immunity and its imperative respect. This fundamental principle finds acceptance in international documents, customary international law, and international judicial practice. Recognizing its importance, some governments have found it necessary to codify rules pertaining to state immunity within their domestic legal systems, thereby establishing it as an independent law. Russia, following the adoption of the 2004 UN Convention, enacted regulations on state immunity, effective from 2016. However, the Ukraine crisis, coupled with Russia's military invasion, and the subsequent seizure of Russian assets abroad, as well as the stance of Russia and other governments regarding this crisis, has posed a new challenge in the area of state immunity. By examining Russia's approach to this principle within its own legal framework, and scrutinizing the extent of its commitment to the principle and its exceptions, we can ascertain how Russia engages with foreign governments and evaluate the likelihood of foreign governments seizing and detaining Russian assets beyond its borders. Notwithstanding the fact that certain assets belonging to Russia and its central bank have been seized, they have not yet been confiscated or forfeited due to the legal barrier of state immunity. To date, many governments have been unable to furnish the necessary legal permits and documentation to take action against these assets.
Journal of Legal Research , 2025
In the course of criminal proceedings, both in the private and public realms of the offense, th... more In the course of criminal proceedings, both in the private and public realms of the offense, the individual facing charges assumes a pivotal role as the accused. It is imperative to not only acknowledge their culpability for violating the law but also uphold their rights to a fair defense. To uncover the truth, safeguard lost rights, and establish acquittal or delinquency, it is crucial for the accused to appear before the judicial authority. Among the primary concerns pertaining to defense rights, as outlined in Article 5 of the Criminal Procedure Law ratified in 2012, is the examination of the accused's statements and justifications. Failure to reach the accused following the commission of the crime will result in procedural loopholes, impeding a fair trial and complicating the pursuit of truth due to hesitancy in disclosing information. This may potentially lead to prolonged hearings, as highlighted in the judicial reform document's list of challenges, and result in the violation of the victim's rights, deprivation of the accused's rights, and the negation of the application of legal institutions and the principles of restorative justice. Fear or intimidation regarding the trial process, limited awareness of defense rights, doubts regarding the impartiality of judges, additional detentions, and arbitrary conduct by law enforcement officers during arrest and surveillance are among the significant factors contributing to the difficulty in accessing the accused. This article has been meticulously crafted using the descriptive analytical approach, incorporating an examination of pertinent legal sources, specialized publications, and criminal legislation of Iran. The primary objective is to delve into the existing legal void and explore the underlying factors contributing to the absence of the accused during investigations and legal proceedings. Moreover, this study endeavors to propose practical solutions for effective implementation.
Journal of Legal Research , 2025
A criminology literature in recent decades shows that some accepted concepts in criminology hav... more A criminology literature in recent decades shows that some accepted concepts in criminology have faced extensive theoretical and conceptual changes. Deterrence is one of the most important concepts that has been placed in the evolution of criminology concepts and various theories in criminology have been formed around it. In this research, using the library-analytical method, deterrence in the theory of situational action and defiance has been discussed and compared with the theory of deterrence. The findings of the research showed that although in the theory of deterrence, all people are always choosing between criminal and non-criminal options and are therefore subject to the effect of deterrence, but in the theory of situational action, only people who have an average moral level use cost-benefit analysis and therefore they are subject to deterrence. In the theory of defiance, unlike the theories of deterrence and situational action, the mechanism of deterrence affects people through shame. Therefore, punishment can only have a deterrent effect if the person is embarrassed as a result of the criminal reaction. Of course, in the theory of defiance, in addition to shame, the existence of strong social ties and the legitimacy of the factor imposing a criminal reaction are also effective on deterrence. In the end, it can be said that the theories of situational action and defiance have rejected the generality of the deterrent effect on all people. Also, in the theory of defiance, shame has been introduced as the basis of deterrence instead of cost-benefit analysis.
Journal of Legal Research , 2025
Criminalization itself is related to limiting human rights and denying and violating them, ther... more 
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Papers by Journal of Legal Research