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پژوهش تطبیقی حقوق اسلام و غرب
ISSN 2476-4213 · University of Qom · 314 artikel di indeks
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Artikel Jurnal Teks lengkap
Securityism in Opposition to Privacy Protection in the Stage of Crime Detection; A Comparative Study of Iranian and American Laws
Securitism, as an intellectual point of view, makes it possible to maintain the order and security of the society through the strict control of the ruling powers and extensive intervention in the scope of individual freedoms and privacy of people, and does not attend to endogenous security and…
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A Study of the Status of Choice of Court Agreement in Regional Organisations Instrumens
The establishment of regional organizations is one of the most important tools for the economic and trade development of the commonwealth of independent States. The expansion of economic relations requires the use of tools of wealth circulation, i.e., international commercial contracts such as…
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Legal Foundations of the Independence of the Legal Profession in Iran and England
The independence of the legal profession means that all matters related to the diverse executive policies of the legal community (the Bar Association) are carried out by its members without interference from others. This study, conducted in a descriptive-analytical manner with a comparative…
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Positive Discrimination As A Supportive Basis for Ensuring the Rights of Persons with Disabilities; A Comparative Examination of Domestic and International Legal Measures
Individuals with disabilities constitute a significant minority in human society. However, despite the existence of Islamic, international, and domestic fundamental principles of human rights such as inherent dignity and equality, this group has faced deprivation in realizing their rights compared…
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Examining the Obligations of Service Providers in the Contracts of Maintenance and Preservation: A Comparison of European Principles of Service Contracts and Iranian Law
The contract of maintenance and preservation is one type of service contracts that includes contracts such as cloud computing, parking services, lease of wombs, etc. In the European Union, this contract has been identified as a specific category of contracts, and its specific rules are provided in…
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Obstacles and Challenges of Economic Regulation in the Islamic Republic of Iran in Light of the Rentier Government
In an era when governments are not considered the only actors in the field of public administration, regulation is considered as one of the most important functions of new governance. For this reason, many countries have turned to the establishment of regulatory institutions, especially economic…
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Damages in Lieu of Performance in German and Iranian Law
"Damages in lieu of performance" is one of the three types of damages for breach of contract provided by the German Civil Code. The main objective of this research is to examine this remedy in German law. Specifically, this study addresses the question of how, in a legal system that upholds the…
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A Comparative Study of Child Custody After Divorce in Iranian, English, and Canadian Laws
Child custody is a significant issue faced by families after divorce in all legal systems. In Iranian law, custody refers to the keeping, care, and regulation of a child's relationships with others, while in Canadian and English law, it encompasses all the rights, duties, powers, responsibilities…
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The Application of Warning and Caution in Criminal Procedure: A Comparative Study of Iranian and English Law
The concepts of ta'zir preaching in Islamic criminal procedure and caution in the English law share fundamental similarities. These similarities include diverting cases from the formal process of criminal justice, reducing the economic costs of the criminal justice system, preventing stigmatization…
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Punishment of the Adulterer for the Murder of His Illegitimate Child in Imami and Sunni Fiqh (A Comparative Study)
One of the conditions for Qisās, according to the majority of Imami and Sunni jurists, is the absence of a father-child relationship between the killer and the killed. This means that if a father commits the murder of his child, he will not be subject to Qisās. It is maintained that if the child…
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Principle of Precaution, and the Precautionary Approach in Civil Liability
Preference for prevention over cure is a truism. Precaution is an important type of prevention. Particularly, the Precautionary Approach in Civil Liability has been increasingly emphasized in recent decades. However, what the term precaution conveys and the specific stance it takes in civil…
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A Comparative Study of the Concept of Human Growth in the Constitutions of Iran and Germany
The Islamic Republic of Iran was originally constituted on the principles of monotheism, justice and human dignity. The economic outlook prescribed by her Constitution, accordingly, endorses these principles. Indeed, the constituent power viewed the economic system as a means of providing the…
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A Comparative Analysis of Acquired Distinctiveness of Trademarks and Its Criteria in the Legal Systems of the United States, the European Union, and Iran
Distinctiveness is a fundamental element of a protectable trademark, referring to its ability to differentiate goods and services of one person from those of others and indicate the source of origin. This component usually needs to be inherent, meaning that the trademark should possess this…
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The Timing of Smart Contract Formation from the Perspective of Iranian, English, and American Law
In order to determine the timing of smart contract formation, which is considered a type of electronic contract, the authors initially examine the viewpoint of traditional contract law. In England and the United States, the doctrine of receipt of acceptance is accepted for instantaneous…
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A Comparative Study of The Nature of the Venture Capital Fund
Venture capital is one of the new methods of financing, the operating mechanism of which is done in the form of a “venture capital fund”. The subject of this method of financing is investing in assets based on innovative ideas and financing investable companies. The necessity of explaining the…
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A Comparative Study of the bases of Contractual Liability in US law, Iranian law, and Islamic Jurisprudence
The law of contracts is an important part of any legal system. A major challenge in this regard is how sanctions are determined in the event of the breach of a contract. Consistent with a set of pre-determined goals, all legal systems have made certain rules for the breach of contractual…
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Provisions of the Organization of Islamic Cooperation (OIC) Regarding the Normalization of Relations between Some Arab States and the Zionist Regime
The inter-governmental Organization of Islamic Cooperation (OIC) was established within the framework of Chapter VIII of the UN Charter to support the struggle of the Palestinian people, empower them to attain their inalienable rights, and ensure global and regional peace. The OIC requires all…
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Judicial Procedure of Quasi-Judicial Bodies in the Enforcement of Official Documents in the Light of Fair Trial in Iranian and English Law
The quasi-judicial body responsible for the enforcement of official documents is one of the most important auxiliary bodies within the registration system. This body possesses multiple legal competencies to handle specialized litigations, alongside other authorities within its legal system. The…
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An Evaluation of “The Right To Be Wrong” in the Legal Thoughts of Shiite and Western Thinkers
Many Western thinkers distinguish ethics from law and legitimize some rights which are legal yet essentially immoral. This way, the right to be wrong comes into play in modern human rights discourse. The basic principles of this right include separation of law from ethics, non-interference of the…
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A Comparative Study of the Legal Status of Contracts of Bankrupt Traders after the Issuance of Bankruptcy Judgment
Article 418 of the Iranian Commercial Code prohibits bankrupt traders from intervening in their own assets and financial transactions from the date of the bankruptcy judgment. However, it does not address the enforcement guarantee of such interventions and merely imposes a prohibition. The question…