مالکیت

Open Access Article

1 - The Interaction between Jurisprudence and Morality in the Bases of Organs Transplant
Mohsen Malek Afzali Ardakani

Nowadays the problems that related to the organs transplantation, is one of the most complicated juridical and legal issues. By studying the bases of organs transplants, we realize that juridical and moral documents and their interaction sometimes could cause different More

Nowadays the problems that related to the organs transplantation, is one of the most complicated juridical and legal issues. By studying the bases of organs transplants, we realize that juridical and moral documents and their interaction sometimes could cause different and paradoxical theories. The pure juridical view of jurists creates three bases, known as "domination", "national property" and "legislative property". The permit of almost any kind of organs transplantation is the consequence of these three juridical theories. On the other side, the theory of "trusteeship" or "God's absolute ownership for organs of human body" is caused by moral approach on this topic. That does not permit any kind of Manipulation on organs of human body and introduce the human as a guardian and preserver of his body. This article is to study both of those approaches from the prospective of jurisprudence and morality and deducts that each one is related to other, and cannot be considered alone. Manuscript profile

Open Access Article

2 - Contracts of Build, Operate and Transfer in Free Trade of Iran
reza nik khah sarnaghi Mehdi Sheidaei Gourchin Qaleh

Build – operate – Transfers (B.O.T.) contract is a contract in which one part of the contract (Investee government) gives the right of construction and operation of an infrastructural project to a consortium including several private entities. In this contract, after co More

Build – operate – Transfers (B.O.T.) contract is a contract in which one part of the contract (Investee government) gives the right of construction and operation of an infrastructural project to a consortium including several private entities. In this contract, after constructing and operating the project, the consortium is obliged to transfer the project to the investee government after a specific time. Different governments especially in the underdeveloped countries consider this contract as an effective tool in attracting foreign investment in order to get an effective management to run infrastructural projects. In order to succeed in this method, the investee government should provide legal, economical and political sect for the private investors. In the Iranian legal system, the only existing rule is the rule of encouraging and supporting foreign investors legislated in 2002 in the Expediency Discernment Council in which this contract is briefly briefed. Due to the particular position of the free industrial and commercial zones, this kind of contract can be advantageous for the government in Iran in order to attract foreign investment and have access to the modern technologies. This study attempts to determine the motivations in using B.O.T. contract and the role of such a contract in attracting foreign investment. Besides, in this article attempts have been made in order to investigate the dispossessions of the international investors as well as the ways of solving their problems.. Manuscript profile

Open Access Article

3 - Criminal Sanction of infringement of Trade Secrets, in the imamiyya Jurisprudence, Iranian and united states Laws
ali bigzadeh Jafar Kousha seyed bagher mirabbasi

Trade secrets are among the most valuable branches of intellectual property, which, like material possessions, need to be protected from any aggression or abuse of individuals. Therefore, the preservation and protection of trade secrets has led most developed and develo More

Trade secrets are among the most valuable branches of intellectual property, which, like material possessions, need to be protected from any aggression or abuse of individuals. Therefore, the preservation and protection of trade secrets has led most developed and developing countries to formulate special legal rules for the criminal protection of this valuable asset. In this article, following the disclosure of intellectual property, trade secrets and its taxes, and some concepts related to this issue, and finally the evaluation of the criminal protection of trade secrets from the perspective of Imamiyya jurisprudence, the rights of Iran and the United States have been investigated. The results indicate that the opposition of the jurisprudents to the principle of intellectual property protection lacked legal reasoning and did not explicitly mention the criminal law, and that Iran's right to full protection of trade secrets was ineffective and weak, but American law and practice in this country have a favorable criminal law protection for any kind of infringement of trade of the development of this article.secrets. Manuscript profile

Open Access Article

4 - Ethical challenges of Application of Nanotechnology Technology in Crime Detection
Reza Soudi seyed ghasem zamani Abo-Mohammad Asgarkhani

20.1001.1.23833279.1399.10.39.5.7

The complexities of social relationships in today's world complicate the way crimes are committed, and the discovery of complex crimes requires sophisticated and technical tools, and the traditional, long-standing method can not answer all the needs of society to detect More

The complexities of social relationships in today's world complicate the way crimes are committed, and the discovery of complex crimes requires sophisticated and technical tools, and the traditional, long-standing method can not answer all the needs of society to detect crime. Nanotechnology, like other scientific fields, has also entered criminal science, and has been widely used to identify and assess the evidence and evidence gathered in the crime scene. Nanotechnology can be effective in preventing and detecting offenders due to its abundant capabilities in detecting and detecting the exact and rapid effects of crime. Using this technology in DNA detection and fingerprinting can provide new and scientific solutions for detecting and improving hidden effects containing DNA and fingers that will otherwise be unidentified. Today, the scope of criminal police activities is wider by utilizing the most advanced equipment and facilities for biotechnology and nano technology. Today, the use of electron microscopes, nano-sensors, biological sensors and various methods of nasal sputum has become commonplace in accredited police criminal laboratories, and the true discovery The crime remains the slightest ambiguity, with the advent of nanotechnology Manuscript profile

Open Access Article

5 - The place of ethics in property with a focus on the rule of domination and public sovereignty
zahra sarhaddi Seyed Mohammad Mehdi Ghamami Tavakol Habibzadeh

20.1001.1.23833279.1399.10.40.9.3

he special place of property in the daily life of human beings is of special importance and prominence among other issues, so much so that in the divine schools and even non-divine systems, it is a fundamental and certain principle for regulating the social and economic More

he special place of property in the daily life of human beings is of special importance and prominence among other issues, so much so that in the divine schools and even non-divine systems, it is a fundamental and certain principle for regulating the social and economic relations of society. It is the most famous jurisprudential rule and has long been one of the most basic rules of Islamic jurisprudence due to its extensive economic and social application. This rule establishes the pillars of ownership in conflict with the subject of ownership and the rule of domination with the public interest. Most believe that the principle of preference for public rights and collective interests It restricts the scope of domination and is in conflict with these two public interests. However, some views in the rule of domination refer to the collective and do not infer conflict with the public interest. The present study focuses on ownership based on the rule of domination and the rule of public interest The growing complexity of people's lives and social relationships, which limit the rule of domination in conflict with the public interest and even deprivation of property, has been processed so that no one has entered as above. Manuscript profile

Open Access Article

6 - Value–Legal Analysis of Iran’s Governance Approach to Privatization
Aminallah Samadi Abolfazl Jafargholikhani Mohammad Reza Yousefi

20.1001.1.23833279.1399.10.40.11.5

The term “privatization” has not been defined in our laws. Privatization is a complicated and vague concept featuring various political, social, economic and legal aspects and outcomes. Before and after the Islamic Revolution, our legislator’s approach has been towards More

The term “privatization” has not been defined in our laws. Privatization is a complicated and vague concept featuring various political, social, economic and legal aspects and outcomes. Before and after the Islamic Revolution, our legislator’s approach has been towards the domination of public and state ownership. But, a larger deal of attention was gradually paid to privatization due to numerous reasons such as domestic and foreign factors including the prevention of public and state sectors’ monopoly, stagnation of the society, downsizing of the government, valuing the private sector and entry to global trade and markets. The objective and distinct examples of such an approach is the Act 44 of the constitution and Islamic Republic of Iran’s first to sixth economic, social and cultural development plans. The most important objective of privatization has been enhancement of the entities’ efficiency and optimization of resource allocation in the majority of the countries. Valuing the privatization is in fact supplementing the state and public proprietorship. Such an overlap can remove the gaps and impediments and concomitantly put into effect all the national talents and competencies. The present study aims at elaboration of the adopted by value – legal analysis of Islamic Republic of Iran’s governance approach towards the process and concept of privatization. Manuscript profile

Open Access Article

7 - The concept, basis and position of the component of criminal behavior of the material element of crimes against property and property
Hossein Khaninzadeh Ahmad Hajidehabadi Ali Mazidi Sharaf Abadi

20.1001.1.23833279.1399.11.41.6.5

Legal scholars consider “criminal behavior” to be one of the few components of the material in analyzing the three elements of crime and, in particular, the material element of the crime. There are a variety of issues, topics, and perceptions. The ambiguities and challe More

Legal scholars consider “criminal behavior” to be one of the few components of the material in analyzing the three elements of crime and, in particular, the material element of the crime. There are a variety of issues, topics, and perceptions. The ambiguities and challenges raised in both the quantitative and the specific legal complexities of criminal behavior in "Property and Property Crimes" are more prominent. Therefore, this article attempts to explain and understand "the concept, basis and position of the component of criminal behavior of the material element of crimes against property and property" through a descriptive-analytic method using library resources and written texts and opinions and perspectives. Various issues, issues and issues are discussed and analyzed. To this end, this article has been divided into three sections: "conceptual", "theoretical foundations" and "position" of criminal behavior from the material element of crimes against property and property. The results of the investigations in this regard show that, first of all, in the case of crimes against property and property, the concept of positive and negative criminal behavior contains both the meaning of this component. Secondly, the "basic verb" theory of crime, with all its differences and variations, has a common element called "voluntary physical movement" and crimes against property and property are no exception, however, the predominant crime of property and property is The passage of the verb can also be realized, and if it is customarily viewed as a causal relation, it can be considered a crime in most crimes against property and property. Manuscript profile

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