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Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    192-220
Measures: 
  • Citations: 

    0
  • Views: 

    22
  • Downloads: 

    0
Abstract: 

This research article examines Legal discrimination against children born out of wedlock in Iran. Despite laws promoting equality, societal attitudes influenced by beliefs continue to result in discrimination. The study explores the reconciliation of religious beliefs with Legal frameworks and the changes made to the Iranian Legal system in response to positive human rights developments. The Article seeks to bridge the research gaps by comparing the experiences of Iranian children with those in other countries affected by Islamic law. The study employs library sources and descriptive and historical research methods to examine the Legal status of children born outside of marriage, both nationally and internationally, and the discrimination they face. The Article is structured into four distinct sections: an analysis of Islamic Law, a review of the Iranian Legal system, an assessment of Iran's compliance with international conventions, and a discourse on the necessity of substantial positive change. The Article ultimately recommends the eradication of discrimination through heightened awareness and the advancement of inclusivity for all children, irrespective of their lineage. In summary, this research Article aims to shed light on Legal challenges faced by children born outside of marriage in Iran, with the goal of promoting positive changes in their treatment.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Shokri Mohammad

Journal: 

CULMINATION OF LOW

Issue Info: 
  • Year: 

    2023
  • Volume: 

    9
  • Issue: 

    1
  • Pages: 

    259-291
Measures: 
  • Citations: 

    0
  • Views: 

    78
  • Downloads: 

    15
Abstract: 

AbstractDowry is a contract. This contract is set out in Islam as a contract to be considered a gift from a couple to a wife. A large number of gold coins as dowry has become commonplace in Iran in recent years. This, in the event of a sudden fluctuation in the price of the coin in the short run, imposes a multiple equity obligation that is undoubtedly inconsistent with the contractual intention and contrary to the contractual intent. On the other hand, it has somehow triggered a cultural event, resulting from this phenomenon of unpleasant cultural consequences and the economic outlook on marriage and the marginalization of marriage philosophy based on the spiritual-emotional view and the subordination of spiritual attributes. Also, this phenomenon in Iran's current economic situation is one of the factors that increases the price of coins and gold in the Iranian market. In this unfavorable economic situation, the wife seizes the husband's property and economic capital to receive from that her dowry. It causes it to be shut down as part of the economic activity of society and this disrupts the public order of society. Solutions such as paired Commitment to the usual price fluctuation, the prohibition on coins being stamped highlights the need for appropriate legislation in this regard as the basis.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

ABUALHASANI NAZANIN

Journal: 

Bioethics Journal

Issue Info: 
  • Year: 

    2014
  • Volume: 

    4
  • Issue: 

    12
  • Pages: 

    81-100
Measures: 
  • Citations: 

    0
  • Views: 

    2129
  • Downloads: 

    0
Abstract: 

Introduction: Rise in healthcare costs and long waiting lists for patients in developed countries coupled with the availability of high quality medical services at a low cost in developing countries caused the medical tourism industry to emerge. Globalization and free trade in healthcare act as a catalyst to grow this industry. On the other hand, this industry faces challenges such as those related to Legal issues. Considering the growth of this industry in Iran and lack of studies on relevant Legal issues, this study aims to investigate Legal issues related to the medical tourism in Iran.Methods: This review conducted to investigate Legal issues related to medical tourism in Iran. The data of this review study were gathered from journals accessible in databases including Scopus, SID, Pub med and Google Scholar. The search terms were “Medical tourism” and “Legal issues”, and “health tourism”. The initial database search retrieved 47 relevant articles. The titles and abstracts of these articles were scanned for relevant information and 23 articles were identified as relevant to the study objectives. Then the results were analyzed.Results: The findings showed that there are challenges related to the medical tourism along with the increasing growth of this industry. These challenges include areas of access to care, medical errors, health insurance, entities and procedures for licensing and regulating medical centers, practices and technologies.Conclusion: challenges related to Legal issues deserve policy makers’ and officials’ attention in order to resolve these international challenges and facilitate the process of attracting foreign patients.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    8
  • Issue: 

    2
  • Pages: 

    231-256
Measures: 
  • Citations: 

    0
  • Views: 

    55
  • Downloads: 

    1
Abstract: 

Aim: Digitization is a way to better organize and present information that will make it easier for the general public to access it. Nevertheless, intellectual property rights based on author-centered perspectives pose challenges for libraries,To the extent that today it is a necessity to say that these rights need an intellectual revolution to always ensure a balance between the rights of the owners of works and society. Traditionally, when a library buys a book from a publisher, according to the "first sale or exhaustion" theory, the purchased copy is no longer subject to copyright control rules. Lending books in libraries is based on exactly the same Legal basis. But this basis is not very effective in lending books to e-libraries. So from the point of view of some, At present, copyright law presupposes the or exhaustion of rights only to tangible objects, such as printed books, and vice versa,The status of digital works is ambiguous. The main goal of the present research is to resolve these ambiguities as much as possible by categorizing the sources. Methodoligy: This research is practical in terms of purpose and qualitative-descriptive in terms of the method of data collection and analysis. Findings: Books and digital works Digital libraries are divided into three categories in terms of the status of publishing rights and especially the Legal status of access to them,First, copyrighted works (sponsored),Second, Orphan Works And finally, Out-Of-Print Works. The solution that strengthens digital libraries is to assign Orphan and Out-Of-Print Works to the public domain. The transformation of these works as part of public ownership does not sever the connection of the work with its creator, and in fact, these works generally have a family and this family (society) will enjoy it and benefit from its benefits. Conclusion: The existence of a comprehensive regulatory framework supporting online digital libraries and protecting and expanding public knowledge and awareness is a fundamental need and necessity. Today, digital libraries are considered the main means of access to knowledge and awareness, and removing monopolies and enriching digital libraries is very decisive in this field. It is necessary to review the strict laws of authors' rights in favor of the production of knowledge and information and public culture, as well as the expansion of copyright laws in order to help the production of knowledge, information and culture. Many Legal proposals have been submitted to resolve the issue of copyrighted works. These proposals include, Legislative amendment of copyright law, special library exemption and Courts’,intervention to uphold digital exhaustion.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

SADRZADEH MANDANA

Issue Info: 
  • Year: 

    2011
  • Volume: 

    -
  • Issue: 

    62
  • Pages: 

    77-91
Measures: 
  • Citations: 

    0
  • Views: 

    1414
  • Downloads: 

    0
Abstract: 

Translation of any type of technical and specialized texts inevitably faces with specific terminological challenges, most of which can be solved through documented searches or consulting the related experts. But Legal translation deals with greater and more serious difficulties, because such kind of translations has Legal consequences like a contractual relation which entails moral or financial commitments from both parties. Therefore, a translator of Legal texts besides recognition of related words, expressions and phrases, must have enough Legal information as well, because other than the mentioned Legal consequences, defect and weakness in this regard make it much more difficult to understand the original text and naturally leads into a defective and unparallel translation. In this article first we present the works and ideas of contemporary theorists of Legal translation including Edmond Cari Vujan Claud Jemar, then we study the challenges of Legal translation including terminology and phrasing, ambiguity in Legal texts, documentation and a multi-disciplinary approach. The case study is the translation of Legal texts from French to English and Spanish.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Sadeghi Mohsen | Ayati Najaf Abadi Sayyed Mohammad

Issue Info: 
  • Year: 

    2024
  • Volume: 

    5
  • Issue: 

    10
  • Pages: 

    165-182
Measures: 
  • Citations: 

    0
  • Views: 

    55
  • Downloads: 

    15
Abstract: 

Decentralized finance (DeFi), founded on blockchain technologies and smart contracts, is rapidly becoming a powerful alternative to traditional financial systems. Compared to centralized finance, DeFi offers undeniable advantages such as increased security, speed, financial transparency, and reduced costs. However, this emerging phenomenon faces numerous Legal challenges that require careful and effective Legal actions. The essence of this phenomenon is the lack of dependence on the national Legal regime of countries and lacking centralized monetary and banking supervision over it by national regulatory institutions. This research employs a qualitative method, utilizing library tools and a descriptive-analytical approach, to compare decentralized finance with conventional centralized financing. It examines some challenges as well as the possibility of proper and transparent organization of DFA in Iranian law and, ultimately proposing solutions for regulating the relationships of stakeholders. Considering the lack of sufficient provisions in Iranian law, it is suggested that the jurisprudence of existing Legal institutions, such as recognizing an independent Legal personality for smart contracts and also civil partnerships, arbitration agreements, arbitration clauses, and Article 10 of the Civil Code, be acknowledged for regulating the relationships of transacting parties until appropriate and comprehensive legislation is enacted. Finally, this research emphasizes the importance of international cooperation, academic environments, and the exchange of experiences in this field. It recommends that legislators move towards recognizing and enacting new laws and regulations aligned with DeFi’s needs, rather than remaining silent, to prevent future Legal challenges and potential loss of assets.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2011
  • Volume: 

    5
  • Issue: 

    1
  • Pages: 

    66-75
Measures: 
  • Citations: 

    0
  • Views: 

    1541
  • Downloads: 

    0
Abstract: 

Introduction: The surrogate womb is one of the recent subjects which has given rise to several challenges in the medical, ethical and Legal fields.Study: The absence of a specific law concerning surrogate womb in the Iranian laws has resulted in many Legal complications. Some lawyers have studied the ambiguities and answered them. However, some of these studies reveal certain short comings and the current research attempts to clarify some of them.Conclusion: The authors believe that the contract of surrogate womb should not be studied according to rules of nominal contract or even contingent contracts which have been described in Iranian Civil Code. Indeed, these contracts have some especial characteristics that distinguish them from other types of contracts. In order to avoid any disagreements or misinterpretations, the Iranian legislature ought to enact a special law with this regard. french: Les defis judiciaires de l'uterus- remplacement Introduction: L' uterus- remplacement est l' un des sujets recents qui a provoque plusieurs defis dans les domaines medicaux, moraux et legaux.Etude: L' absence d' une loi specifique au sujet d' uterus- remplacement dans les lois iraniennes a eu comme consequence beaucoup de complications Legales. Quelques avocats ont etudie les ambiguïtes et leur ont repondus.Cependant, certaines de ces etudes indiquent certains points faibles et larecherche presente essaye de clarifier certains d' entre eux.Conclusion: Les auteurs croient que le contrat de l' uterus- remplacement ne devrait pas etre etudie selon les regles du contrat nominal ou meme des contrats contingents qui ont ete decrites en code civil iranien. En effet, ces contrats ont certaines caracteristiques particulieres qui les distinguent d' autres types de contrats.Afin d' eviter tous les desaccords ou interpretations fausses, la legislature iranienne doit decreter une loi speciale a cet egard.key word: Uterus- remplacement, mere- porteuse, foetus, contrat, code civil iranien spanish: Los reto juridicos de la matriz de sustitucion Introduccion: El vientre de alquiler es uno de los temas recientes que ha dado lugar a varios retos en la medicina, los campos etico, juridico, etc.Estudio: La ausencia de una ley especifica sobre el vientre sustituto en la legislacion irani ha dado lugar a muchas complicaciones Legales. Algunos abogados han estudiado las ambiguedades y las respuestas. Sin embargo, algunos de estos estudios revelan ciertas deficiencias y la investigacion actual trata de aclarar algunas de ellas.Conclusion: Los autores creen que el contrato del vientre de alquiler no debe ser estudiado de acuerdo a las normas de suministrar a los contratos nominales o incluso no nominal contratos que se han expresado en el Codigo Civil irani. Sin embargo, estos contratos tienen sus propias caracteristicas especiales que los distinguen de demas contratos. Para evitar cualquier desacuerdo o malas interpretaciones, el legislador irani debe promulgar una ley especial.key word: vientre sustituto, madre de alquiler, el feto, el Contrato, el Codigo civil irani.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

ROBERTSON J.A.

Issue Info: 
  • Year: 

    2005
  • Volume: 

    34
  • Issue: 

    -
  • Pages: 

    104-106
Measures: 
  • Citations: 

    1
  • Views: 

    111
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

HALAL JOURNAL

Issue Info: 
  • Year: 

    2020
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    64-76
Measures: 
  • Citations: 

    0
  • Views: 

    781
  • Downloads: 

    0
Abstract: 

Ethics and law are the most important pillars of development for any sector, Especially when it comes to development at international levels and in the vital field of health and medicine. Despite the rapid growth of medical tourism, this industry faces serious Legal and ethical challenges. The most important issues related to health and medical tourism rights are access to services, health insurance, licensing and Legal licenses of international health care service providers. There are a number of Legal issues and challenges in the field of medical tourism that, if left unresolved, could pose serious obstacles to its formation and development. Given the nature of medical tourism, in order to resolve ethical and Legal issues, it is first of all necessary to amend the laws and regulations in accordance with the international level and to explain the necessary standards correctly in the text of the laws. Maintaining the trust of patients in order to choose a center that provides medical business and tourism services depends on compliance with quality and safety standards. Then, it is necessary to provide the necessary Legal supervision to ensure the implementation of laws and regulations and compliance with standards, and at the same time, adequate international insurance to cover these services.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2010
  • Volume: 

    7
  • Issue: 

    4
  • Pages: 

    143-179
Measures: 
  • Citations: 

    1
  • Views: 

    8952
  • Downloads: 

    0
Abstract: 

Due to increased environmental problems, most countries in the world charge a specified agency with responsibility for environmental protection. In Iran, this mission has been given to the Department of Environment (DoE). Notwithstanding the silent endeavors of this Department, there are a lot of problems which are causing a deteriorating environment in Iran, particularly in terms of air, water and biological diversity. Inefficiency in the legislative system alongside the disorganization of the DoE, have led to inadequacy in the Department’s work. This inadequacy can be classed in three categories: law-related inefficiency of the Department; a lack of law governing inter-organizational relations; and, finally, ultra-organizational problems. These inefficiencies, in the absence of any comprehensive sustainable development programme, on the one hand, and the non-existence of any parliamentary supervision on environmental matters, on the other, have led to non-integrated and ineffective management of the environment in Iran. This article considers the integrated management approach as a suggested solution, inter alia by amending and incorporating the environmental laws into a single code and also by integrating environmental related agencies, including the DoE, in the form of a powerful Ministry.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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