https://www.jhvmn.ir/ Scientific Journal of Law and Modern Studies en daily 1 Sat, 23 Aug 2025 00:00:00 +0330 Sat, 23 Aug 2025 00:00:00 +0330 https://www.jhvmn.ir/article_725494.html New technologies have influenced all economic and social activities. Cyberspace has created conditions where offenders can commit crimes in locations other than where the effects and consequences of their actions appear. Information technology crimes are divided into two categories. The first group includes a range of computer-related offenses that can be prosecuted and punished under existing classical criminal laws. This group encompasses various crimes, which can be classified into categories such as crimes against individuals, property, public security, and public order. The second group comprises a set of cybercrimes that require special legislation. These types of crimes can also be classified into three categories: the first includes offenses that could not have been committed before the advent of information technology, such as unauthorized access; the second includes classical crimes. On the other hand, technology also has a positive impact on crime prevention. Tools such as CCTV cameras and coded alarm systems help deter criminal activity, while the media, through functions like education and the dissemination of religious and security teachings, can play a role in the social prevention of crime. Despite these positive and effective functions, the mentioned technologies also have negative aspects, including the violation of the right to privacy and the intrusion into individuals’ private lives. https://www.jhvmn.ir/article_726953.html This article conducts a comparative analysis of administrative procedures in Iran and France, focusing on the roles of Iran's Administrative Justice Court and France's Council of State (Conseil d’État). As primary institutions for judicial oversight of administrative actions, both entities play a critical role in ensuring the rule of law and protecting citizens' rights. Employing a descriptive-analytical methodology and drawing on credible domestic and international sources, this study compares the structure, jurisdiction, procedural mechanisms, and legal status of these institutions. Iran's Administrative Justice Court, established under Article 173 of the Constitution, addresses grievances against unlawful decisions of executive bodies but lacks advisory functions and a comprehensive appellate system. In contrast, the French Council of State not only performs judicial duties but also provides legal counsel to the government, benefiting from greater legal stability. The findings indicate that the procedural framework of Iran's Administrative Justice Court, reliant on regulations issued by the Head of the Judiciary, is flexible yet unstable, whereas the Council of State operates under consistent parliamentary legislation. Legal representation in France is mandatory and specialized, while in Iran it is optional and less specialized. The study recommends that Iran's Administrative Justice Court enhance its efficiency by incorporating advisory roles and establishing a robust appellate system. This analysis contributes to a deeper understanding of the strengths and weaknesses of each system in achieving administrative justice. https://www.jhvmn.ir/article_725496.html When an individual goes missing - whether suddenly or due to specific circumstances - their legal and social status is significantly affected. These impacts extend to both financial matters, such as property rights and inheritance, and non-financial aspects, including marital status and familial obligations. Nevertheless, mere disappearance cannot be equated with death, as a legal presumption of death entails serious and irreversible consequences, such as the distribution of the missing person’s estate and the potential for their spouse to remarry. In Shi’a (Imamiyyah) jurisprudence, a clear distinction is drawn between the implications of absence in matters of marriage and property. With regard to marriage, the dissolution of the marital bond is not permitted without definitive evidence of death, due to the moral and religious significance attached to the institution of marriage. However, in matters of property, a more pragmatic approach is adopted. According to the prevailing view, if an individual has been missing for four years and exhaustive efforts to locate them have failed, a presumption of death may be issued, enabling the division of their estate among legal heirs. Iran’s legal system, shaped extensively by Imamiyyah jurisprudence, includes specific provisions for the issuance of such rulings. If, after a prolonged period, the continuation of the person’s life appears highly improbable based on rational and customary standards, the court may -upon completion of legal formalities and investigations - declare a presumption of death. These ruling carries not only financial implications but may also result in the dissolution of marriage. https://www.jhvmn.ir/article_725497.html Human security, which includes seven main aspects (personal, environmental, economic, political, social, health and food), is defined as the protection of the vital core of human life against pervasive threats. In today's world, businesses, as the main players of the global economy, play an important role in strengthening these aspects. Due to the process of globalization, the responsibility of businesses has gone beyond profitability and expanded to social and environmental impacts as well. Using the descriptive-analytical approach, this study seeks to explore the effective role of adhering to human security requirements in improving the efficiency of economic enterprises and at the same time, strengthening the security foundations of societies. The central question around which this research is formed is the analysis of the interactions between the seven levels of human security with the operational patterns of businesses in the shadow of international laws. This research is important because the realization of human security, beyond a valuable moral ideal, has become a strategic component in ensuring the survival and growth of societies; In such a way that in the current dynamic and interconnected ecosystem, neglecting this vital principle will challenge the operational sustainability of companies in the long term. The findings of the research can evaluate the structural barriers and hidden capacities that business units experience in interacting with the concepts of human security, and by presenting new policy frameworks, propose mechanisms to align economic interests with human rights standards as much as possible. https://www.jhvmn.ir/article_725498.html The rule of obligation is one of the key rules of Imamiyyah jurisprudence, according to which a person accepts a commitment on the basis of religious or customary rules, the other party has the right to oblige him to enforce it. This study examines the position of this rule in the Iranian legal system, based on a descriptive-analytical method, citing library sources including jurisprudential texts, subject matter laws and judicial opinions. The findings of the study show that the rule of obligation, although rooted in jurisprudential texts, has been reflected in the Iranian legal system, especially in civil law and the Code of Civil Procedure.In the jurisprudential section of the research, the documentation of the requirement is analyzed, including verses and traditions. In addition, the implementation of this rule with legal concepts is shown that while in Imamiyyah jurisprudence, the scope of the rule of law encompasses all religious and customary obligations, Iranian law is mainly limited to contractual obligations. Also, the examination of the Iranian judicial procedure confirms that the courts use this rule to oblige commitment to fulfill the obligations.This study ultimately concludes that despite Iran's law's influence on the jurisprudential requirement, ambiguity in the legal definition and neglect of the exaggerated dimensions of the rule in the judicial procedure is one of the existing challenges. It is suggested that in the future reviews of civil law, a more comprehensive definition of this rule be presented, and that judges pay more attention to its jurisprudential principles in their decisions. This research could be the basis for subsequent studies on the impact of jurisprudential rules on the Iranian legal system. https://www.jhvmn.ir/article_725499.html The aim of this research is to investigate the incident of serial murders with a criminal psychology approach in Iran, which will address the dimensions of this issue by relying on library and documentary sources. Since scientific criminology cannot ignore social and individual issues arising from the functioning of the penal system, criminology has tended to focus on the way the penal system works, implementing the desired individualization of social reactions against crime, and for this purpose, we resort to clinical criminology to identify the factors affecting serial murders. Since serial killers often suffer from mental illnesses such as neurosis (neurosis) and mainly from the category of personality disorders (such as narcissism and antisocial personality disorder) and sexual disorders (such as other-harassment and cannibalism), they are among the mentally ill who cannot use insanity as a factor to remove criminal responsibility or exemption from punishment. In other words, they have full responsibility and are psychologically and legally responsible for their actions. Therefore; In the history of Iranian criminal law, no serial killer who has been tried has been able to escape responsibility or receive a lighter sentence based on their mental state; the same practice has been common in almost all other countries. https://www.jhvmn.ir/article_726956.html The French Criminal Procedure Code is one of the most challenging judicial institutions, which has caused widespread protests in the country; previously, on the one hand, undifferentiation of duties of judicial officials, including the police, investigators, and judges, , and the neglect of the rights of the accused during the trial, on the other hand, had created major challenges in the country's judicial system; which caused the European Convention on Human Rights has obliged the country's judicial system to implement fundamental reforms in it's criminal procedure since early 2010. In the new approach, although theoretically significant changes have been made in the judicial system, practically the previous trend dominates the aforementioned structure; Explanation: Although, contrary to previous practice, the right of access to a lawyer during the arrest of the accuser by the police and supervision of the police on arrest process or "Garde à Vue" has been admitted, practically, the continuation of discrimination, lack of clarity, extensive formalities, the continuation of previous processes and the lack of cooperation of the interrogator are among the weaknesses that have seriously hindered the implementation of the reforms. https://www.jhvmn.ir/article_726958.html With the development of new technologies in the field of banking services, electronic checks have been proposed as an alternative to paper checks in financial systems. This development, in addition to facilitating and accelerating transactions, provides greater security and transparency to the payment system. In the meantime, various countries, including Iran and France, are facing numerous challenges in adapting their legal and technical structures to the requirements of this new financial instrument. A proper understanding of these challenges requires a comparative legal and technical study of the two aforementioned systems. This research seeks to answer the question: What legal and institutional challenges exist in the path of fully establishing electronic checks in Iran and France, and what solutions can be proposed to overcome them? The aim of the research is to identify the obstacles to the full implementation of electronic checks in the two systems by comparative analysis of the existing challenges and to introduce appropriate reform platforms. The research method was analytical-descriptive and made use of library resources, domestic laws, European regulations, and judicial procedures. The findings show that in Iran, the lack of technical infrastructure, the absence of a specific law for e-checks, and the lack of security regulations are the main obstacles; while in France, the challenges are more related to institutional coordination, privacy protection, and judicial interpretation of electronic documents. As a result, the development of e-checks requires the adoption of clear laws, the establishment of reliable technical mechanisms, and the interaction of judicial, financial, and technological institutions in both countries; and France, with its gradual and systematic approach, can provide a useful model for Iran. https://www.jhvmn.ir/article_732246.html The purpose of this research is to investigate the issues in common properties and the competent authority to handle the request, and the research method is descriptive and analytical. With regard to the materials collected in this research, the author came to the conclusion that in the first place, it is necessary to address the issue of which persons the common property is distributed among, because until this issue is determined, the property in question will be distributed. will face serious problems; According to the current regulations in the country, if the property in question is distributed among some people, among whom there are minors, orphans, or missing persons, in this case, the registry office cannot deal with the request for the transfer of this property unless it is possible to transfer the property. There must be an equivalent of one share of common parties with an official document And it is necessary to refer to the court to separate the shares of each of the owners, but the question is, which court should be referred to, which court in this regard, it seems necessary to refer to a public and revolutionary court to submit a petition based on the separation of common property. The immovable property is located in it, and it does not matter where the parties to the lawsuit file the lawsuit from, even if one of the parties wants to claim his rights from abroad, he must refer to the court where the property is located. After the registration of the property, due to the occupation that took place in it, such as when a tree was planted in it or agriculture was carried out, in such cases, considering that the Register of Deeds is not the authority that is allowed to issue permits for building and construction. and it is not possible to expropriate without returning the property to its previous state, in this case the competent authority will be the court, and this decision-making authority, in addition to issuing the order to expropriate the property, will subsequently proceed to issue a decision based on tin and qom building and ashjar. and decides all the arrangements that are needed to return the property to its previous state. https://www.jhvmn.ir/article_727216.html Following the recent economic downturn, Iranian society has unfortunately witnessed a surge in staged accidents, known as "sahne-zani". This reprehensible and blameworthy act involves a deliberate, pre-planned scheme to fabricate an accident through the manipulation of circumstances and the distortion of risk events. While not explicitly codified as a separate criminal offense in Iranian statutory law, its alignment with Islamic legal principles—which categorize it under haqq al-nas and fraud; leads to its classification by legal reasoning as an act carrying both criminal and civil liability. From the perspective of criminal liability, the establishment of the elements of staged accidents, particularly the presence of deception and malicious intent, closely mirrors the elements of fraud. This resemblance has led to its characterization as insurance fraud, subject to investigation and prosecution under the rules governing fraud in insurance regulations. Furthermore, regarding civil liability, the congruence of the intent behind Article 1 of the Iranian Civil Liability Act with the conditions surrounding staged accidents firmly establishes civil responsibility on the perpetrator. In recent years, insurance companies have faced significant challenges due to these types of incidents. The collaboration between drivers, and even individuals within insurance-affiliated companies, with these fraudsters, coupled with a lack of awareness campaigns and insufficient utilization of technologies such as artificial intelligence for simulation, has made the situation increasingly difficult for stakeholders in the insurance industry. https://www.jhvmn.ir/article_725495.html AbstractWith the advancement of information technologies and the expansion of digital interactions, electronic surveillance and its boundaries of legitimacy have become one of the most challenging issues in contemporary criminal law. Cyber eavesdropping, as an intrusion into private communications within the digital sphere, has raised fundamental questions regarding the limits of state intervention, legal requirements, and citizens' rights. This article, through a descriptive-analytical approach, reexamines the status of the offense of unauthorized eavesdropping within the framework of cybercrimes and analyzes the legal elements, as well as the existing gaps and ambiguities in legislation, interpretation, and enforcement. The findings indicate that conceptual ambiguities, the absence of effective oversight mechanisms, and inconsistencies among existing laws have undermined the legal legitimacy of surveillance in Iran’s criminal justice system. In conclusion, the study proposes legislative reforms and measures to enhance the clarity, efficiency, and legitimacy of cyber surveillance within the framework of Iran’s criminal policy. https://www.jhvmn.ir/article_726954.html The principle of the rule of law is one of the most important fundamental principles of public law that not only determines the basis for the legitimacy of administrative decisions, but also, as a control tool, specifies the limits of managers' authority and limits arbitrary decision-making. In the Iranian legal system, although this principle is recognized in the Constitution and other administrative regulations, its practical implementation faces serious challenges including weak accountability, lack of sufficient transparency, incomplete documentation, and regulatory gaps. In this article, using a descriptive-analytical method and using legal sources and theoretical literature, the position of administrative responsibility of managers in light of the principle of the rule of law and its role in preventing corruption has been examined. Research findings show that the actual establishment of this principle requires managers to observe legal limits, be transparent in decision-making, document actions, and, as a result, strengthen accountability. On the other hand, holding managers accountable for their performance, especially for administrative violations, can play an important role in structurally preventing corruption. Finally, solutions such as strengthening legal education for managers, upgrading supervisory systems, requiring transparency in administrative processes, and reforming ineffective laws are presented as prerequisites for fully realizing the principle of the rule of law and administrative soundness. https://www.jhvmn.ir/article_726955.html It seems that family relations are an important decisive factor in choosing the behavior of adolescents throughout their lives. The assumption of the relationship between delinquency and family life has led to extensive research, and many research shows the existence of family violence that exists at all levels and layers of social layers, and its consequences of discomfort, physical problems, psychological problems, psychological problems It is a form of form. In addition, children suffering from these problems often miss the irreparable opportunities for education, work and life, and only nine only to impose heavy costs on the community. Looking at the chastity and hosts, we can also see the traces of violence in Iranian families. The present study of the present study has been written a descriptive and analytical study aimed at analyzing the consequences of domestic violence and its impact on child and adolescent delinquency.The results of the study are the proof of the relationship between violence and abuse and neglect in the family of children and the day of delinquency. Homemade violence has individual, social and economic causes and in cases of physical, sexual, psychological, etc. against children, while Iran's criminal law is less concerned with the issue of committing domestic violence against the poor, especially children and adolescents, which requires more attention and support in this regard. https://www.jhvmn.ir/article_726957.html Despite its essential uses, plastic has become a serious threat to the environment due to excessive consumption and improper management. International cooperation and the creation of efficient legal mechanisms are of vital importance to face this global challenge. This study has been done with the aim of explaining the position of international environmental law in improving the management system of plastic products, analyzing legal obstacles and providing new strategies to reduce the pollution of plastics and protect the environment. In other words, this research, with a descriptive-analytical approach, examines the role of international environmental law in improving the management of plastic products and reducing legal challenges. The findings show that the existing documents such as the London, Marple and Basel Conventions, despite their influence, are not enough to solve the crisis due to the dispersion of regulations and the weak guarantee of implementation. Also, the development of an international framework with strong regulatory mechanisms, along with the responsibility of producers and the comprehensive participation of countries, is considered a basic solution to reduce plastic pollution. The proposed solutions include drafting a comprehensive agreement centered on the circular economy, strengthening international standards and developing regulatory mechanisms. Also, it is necessary to integrate principles such as "extended producer responsibility" and "polluter pays" in national laws. The success of these solutions requires the tripartite cooperation of governments, industries and civil society. https://www.jhvmn.ir/article_728693.html Since ancient times, there has been a difference of opinion among the fundamentalists that if a single verb has two headings, such that a command belongs to one heading and a prohibition to another, and these two headings are coincidentally combined in that single verb, then the point arises as to whether the combination of two headings is permissible or not. With the advancement of the science of fundamentals, the later fundamentalists have come to believe in the permissibility of combining a command and a prohibition in a single thing, because the person obligated has combined these two headings by his own free will - which were coincidentally combined while they were separate and next to each other - and for this reason, the person is obedient on the one hand because he has brought the side of command, and on the other hand, he is considered disobedient because he has brought the side of prohibition. Since the path to the Hereafter passes through this world; Following the rules of Islam plays a significant role in the perfection and true happiness of a person, and therefore the Holy Lawgiver has signed the combination of the two titles of prayer in the bathroom and prayer in a prison of arrogance due to the scarcity of time. Therefore, in response to those who believe in denial, it has been said: The best proof for the possibility of something is its occurrence. https://www.jhvmn.ir/article_728694.html AbstractE-commerce serves as a fundamental pillar of the digital economy, facilitating and transforming commercial transactions globally. However, it also raises complex challenges regarding consumer protection and the legal responsibilities of digital platforms. This article adopts an analytical legal approach, incorporating principles of Islamic jurisprudence, to examine the liability of e-commerce platforms for goods and services provided. Key legal challenges include proving violations, precisely delineating the responsibilities of platforms and third-party sellers, and addressing existing legislative gaps that hinder effective consumer protection. From a jurisprudential perspective, principles such as "harm must be removed" (al-darar yuzal) and "contracts are binding" (al-’uhud mulzimah) offer a solid foundation for emphasizing platform accountability. The article proposes solutions including the revision and completion of e-commerce laws, the enactment of specialized regulations, strengthening judicial and supervisory bodies, and adapting jurisprudential teachings to modern technologies. Ultimately, integrating statutory law with Islamic legal principles, alongside improving legal and technical infrastructures, can foster a secure, transparent, and equitable environment conducive to the sustainable development of e-commerce and the safeguarding of consumer rights online. https://www.jhvmn.ir/article_728695.html Water holds vital importance across the globe. This significance becomes even more pronounced in water-stressed countries such as Iran, particularly in recent years.Early Imami jurists generally considered water and water resources to be subject to private ownership, and the Iranian Civil Code, following this traditional jurisprudential view, also recognized the possibility of individual ownership over such resources However, with the growing societal need for water resources, contemporary jurists and statutory laws—notably the Law on Fair Distribution of Water—adopted a different approach. According to this modern perspective, individuals do not hold proprietary or financial rights over water and water resources; rather, they are merely granted a type of permission to use or benefit (usufruct) from these resources.This study, employing a descriptive-analytical methodology and based on library and documentary research, seeks to examine and analyze the foundations of this shift in legal and jurisprudential approach. The ultimate goal is to facilitate a clearer understanding of this evolution in order to help pave the way for future legislation and the development of a coherent legal framework for water governance. https://www.jhvmn.ir/article_732100.html This study examines the executive and legal challenges of seizing Non-Fungible Tokens (NFTs) in bankruptcy proceedings. NFTs, as unique digital assets based on blockchain technology, have revolutionized industries like art, gaming, and collectibles. However, their rapid growth has introduced complex legal and operational hurdles, particularly in bankruptcy cases where traditional laws are ill-equipped to address their intangible, decentralized nature. Key challenges include technological barriers (e.g., tracing and accessing NFTs), legal ambiguities (e.g., classification as taxable or seizable assets), and practical issues (e.g., valuation and liquidity risks). The research employs an analytical-descriptive approach, combining legal and technological perspectives, and proposes solutions such as regulatory reforms, international cooperation, and advanced tracking technologies. The findings underscore the urgent need for adaptive legal frameworks to ensure fair asset distribution while fostering trust in the digital economy.متاسفانه این متن ترجمه است و بیش از 132 واژه انگلیسی نشده است؛ لطفا در این زمینه مساعدت نمایید.متشکرم. https://www.jhvmn.ir/article_732101.html The rapid advancement of technology in the twenty-first century—from artificial intelligence and big data to the Internet of Things and biotechnology—has profoundly transformed the social, economic, and cultural structures of human life. Amid these transformations, the right to equal access to technology has emerged as a fundamental component of social justice and a new generation of human rights. Although classical human rights instruments such as the Universal Declaration of Human Rights (1948) and the International Covenant on Economic, Social and Cultural Rights (1966) do not explicitly mention this right, their underlying principles—equality, dignity, and the right to development—provide a conceptual foundation for its recognition in the digital age.This article, based on international documents and normative analysis, examines the conceptual and legal foundations of this right and identifies it as a “forgotten dimension” of human rights in the digital era. The findings reveal that without guaranteeing equal access to technology, the realization of other essential human rights—such as education, political participation, employment, and social justice—remains unattainable. Therefore, the formal recognition of this right at both national and international levels is an indispensable step toward achieving technological justice and safeguarding human dignity in the digital society. https://www.jhvmn.ir/article_732102.html The phenomenon of cryptocurrencies, as one of the revolutionary innovations in the financial and technological spheres, has fundamentally challenged not only economic structures but also the legal foundations governing "ownership" and "the transfer of property" in traditional legal systems. Employing an analytical-descriptive approach, this research meticulously examines the impact of these digital assets on three key concepts: "property," "transfer of property," and "delivery" within the framework of Iranian law. The investigation reveals that although in the Iranian juridical and legal tradition, property has primarily been defined based on criteria such as corporeality, assignability, rational benefit, and legitimacy, the unique nature of cryptocurrencies—including their intangibility, decentralization, and reliance on blockchain technology raises the question of whether these novel assets fit within the traditional definition of "property." In this regard, the findings of the study indicate that, despite opposing viewpoints, the predominant trend in recent legal literature, relying on the "economic value and conventional acceptance" of cryptocurrencies, is moving towards recognizing their "property-ness" . One of the most profound challenges examined is the alignment of the process of transferring and delivering cryptocurrencies with longstanding concepts such as " acquisition and delivery " in the Iranian Civil Code. This paper argues that in the digital world, "delivery" no longer signifies physical transfer; rather, it entails the "transfer of control and dominion over the asset," which is achieved through the exchange of private keys and the indisputable recording of the transaction on the distributed ledger of the blockchain. This paradigm shift necessitates a redefinition of these concepts in modern law. https://www.jhvmn.ir/article_732103.html "Frustration" or "Contractual Impossibility" is one of the contractual excuses originating from Common Law, specifically English Law. According to this contractual excuse, whenever a contract is properly formed but its performance becomes impossible due to an unforeseen external event that cannot be prevented or predicted, or when its performance substantially deviates from what the parties intended and agreed upon, the contract should be considered terminated and void. This research, which was conducted using a descriptive-analytical method, examines the conditions, foundations, instances, and effects of contract frustration. Depending on the case, frustration of a contract may have different effects, which include: suspension of the contract in the case of a temporary obstacle that can be removed after a reasonable period; dissolution or rescission of the contract in the case of a permanent obstacle; the right to rescind the contract if the performance of part of the contract becomes impossible, while the remaining part is still capable of being performed; and the adjustment of the contract to reduce damages between the parties and distribute such damages fairly between them. Therefore, if the performance of a contract becomes frustrated and impossible due to an event as described above, the obligor should be exempted from liability and compensation for the resulting damages. An examination of the foundations, conditions, and effects of contract frustration reveals that this institution, while maintaining the stability of contracts, provides flexibility to accommodate extraordinary events." https://www.jhvmn.ir/article_732104.html Abstract The rapid expansion of the metaverse has transformed architects from mere designers of digital spaces into creators of socio-economic and cultural lifeworlds. This evolution raises new questions regarding their potential criminal liability. Traditional criminal laws—designed for physical environments—prove inadequate when confronted with emerging metaverse-related offenses, due to challenges such as transnational platforms, anonymous identities, and decentralized evidence. This paper adopts a descriptive-analytical method and an interdisciplinary approach across law, technology, and architecture to examine the attribution of criminal acts to architects through the three pillars of material act, mental element, and causal relationship. Findings suggest that architectural design within the metaverse may constitute a potentially criminal act; however, proving intent or gross professional negligence, as well as establishing a direct causal link between design decisions and the committed offense, remains highly ambiguous. Moreover, the lack of clear judicial jurisdiction and the blurred boundaries between individual liability of the architect and organizational responsibility of metaverse companies further complicate the issue. Accordingly, there is an urgent need to develop new legislative frameworks for defining offenses and jurisdiction, implement transparency-enhancing technologies such as blockchain and artificial intelligence for risk documentation and prediction, and establish professional ethical charters for metaverse architects. The study concludes that without such a comprehensive and interdisciplinary approach, victims may remain unprotected, while architects face vague and unpredictable accusations.