perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-02510117articleReza Jahan panahjahanreza919@yahoo.com1Master of Private Law, Department of Law, Faculty of Literature and Humanities, Gilan University, Rasht, Iran.<p>The Iranian legal system, following Imami jurisprudence in family law and its institution, has granted the husband special rights and authority over the wife, which indicates that our legislator has imposed the idea of patriarchy on the family law system.values. Which appears in various forms and titles, such as: the wife's employment, determining housing and joint residence, the wife's departure from the country, and recognizing her nationality. While in English law, unlike the laws of other European countries, including France and the laws of our country, less attention has been paid to the institution of the family, so that the institution of the family in this country is weakening and collapsing, so that it can be said that there is no accepted definition of family law in England and Wales. In other words, in this research we are trying to answer this question. Does English law, like the laws of other European countries, including France and our country, grant special rights and authority to husbands against their wives? Therefore, this study attempts to examine and research the non-financial rights of husbands against their wives and the non-financial rights and duties of spouses in the legal systems of Iran and England using a comparative approach and a descriptive-analytical method.</p>http://ahrarlawjournal.ir/Article/53167Non-financial rights of couples patriarchy family non-financial rights and obligations of couples perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-025101835articleZeynab Farajiz@gmail.com1Master of Private Law, Law Department, Tabarestan Institute of Higher Education, Chalus, Iran.<p>Commercial documents are essential for business and contractual transactions, and when they involve a foreign element, the issue of conflict of laws and the determination of the applicable law become significant. The dual Geneva Conventions explicitly mention conflict-of-law rules for commercial documents. However, since Iran is not a member of these conventions, their rules cannot be directly invoked. The governing law for the formal and substantive requirements of a document, which according to the conventions is subject to the issuance regulations, is specified in Iran&rsquo;s Civil and Commercial Codes.Therefore, the applicable law can be determined accordingly. Regarding the creation of obligations arising from commercial documents, Iranian laws consider the place of obligation creation as the governing rule and the defendant&rsquo;s domicile as the competent jurisdiction for procedural formalities. The endorsement of a commercial document is also subject to the regulations of the place of transaction, and the obligations arising from it are governed by the place of obligation creation. In general, the principle of the place of legal action exists implicitly in Iran&rsquo;s legal sources.The Commercial Code primarily discusses bills of exchange and promissory notes, while issues related to checks face legal gaps. In such cases, due to the similarity between checks, promissory notes, and bills of exchange, and in the absence of explicit legal provisions, reference can be made to legal customs in Iran and internationally. The rules applicable to promissory notes and bills of exchange can thus be extended to checks. This study, using a descriptive-analytical method, examines the conflict-of-law rules regarding checks in the Geneva Convention.</p>http://ahrarlawjournal.ir/Article/53168Conflict of Laws Commercial Documents Check Conflict Resolution Commercial Transactions.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-025103658articleMilad Rahmanimiladrahmani@gmail.com1Behnam Qanbarpourb.ghanbarpour@qaemiau.ac.ir2Sayyed Ali Jabbar Golbaghi MasoulehSayyedAliJabbarGlbaghiMasouleh@gmail.com3PhD student in Private Law, Faculty of Humanities, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran.Associate Professor, Department of Jurisprudence and Law, Faculty of Humanities, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran.<p>Suspension of contract performance is not interpreted as termination or dissolution of the contract, but as a temporary cessation of the performance of the obligations of the parties or one of the parties for justified and exceptional reasons, such as: force majeure, legal excuse or change of fundamental circumstances.This institution has a special place in both the Iranian and English legal systems; but its nature, conditions of realization, effects and economic consequences have fundamental differences in each system, which are essential to recognize, especially in the context of economic law analysis. The present study is organized using an analytical and descriptive method with the aim of economically analyzing the effectiveness of suspension of contract performance in the Iranian and English legal systems. The findings of the study indicate the fact that in the Iranian legal system, although suspension of the performance of an obligation is justifiable in the form of Article: 227 of the Civil Code and jurisprudential theories such as: legitimate excuse and temporary impossibility, there are no explicit and systematic rules for it. From the perspective of economic law analysis, the effectiveness of the institution of suspension of contract performance depends on its ability to reduce transaction costs, prevent irreparable damage, maintain the parties' motivation to perform the contract in the future, and optimally distribute risk. In the English legal system, the precise prediction of force majeure clauses and the possibility of rational and purposeful interpretation by the courts increase legal predictability and reduce the costs of uncertainty. Also, in this system, the courts, taking into account the economic benefit of the contract, instead of insisting solely on formal rules, suspend the performance of the contract until the obstacle is removed, which leads to the maintenance of long-term economic relations and the avoidance of harmful dissolutions.</p>http://ahrarlawjournal.ir/Article/53182suspension of contract execution temporary cessation of obligation execution sterilization of contract execution effectiveness of suspension of contract execution analysis of economic rights of contracts.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-025105971articleMorteza Khalifam.khalifeh60@gmail.com1Master of Private Law, Faculty of Humanities, Tonekabon Branch, Islamic Azad University, Tonekabon, Iran.<p>Criminal policy is the most important characteristic of legal systems worldwide, and every legal system, in order to impose criminal responsibility on an individual, establishes certain conditions under the title of the elements of criminal responsibility within its laws and regulations, and undertakes policymaking in this regard. The legal systems of Iran and England, despite having fundamental differences, share both similarities and distinctions in this policymaking and do not follow uniform criteria. In general, in the law of both countries, the concepts of civil liability and criminal liability are defined separately; however, in some cases, these two concepts may be pursued simultaneously. In English civil liability law, the general rules of liability are categorized under three headings: liability arising from negligence, liability arising from intent, and strict liability. In contrast, the general rules of civil liability in Iran are classified into two main categories: fault-based liability and strict liability. Despite the apparent differences between the two systems, the general rules of civil liability in both countries are adaptable and strive to achieve the goal of administering justice and compensating unjust harm. In this article, by examining the criminal and civil liability policies in the legal systems of Iran and England, it was observed that the age of reason and criminal maturity, as well as the general civil rules, are accepted as principles in both systems, and the imposition of criminal responsibility on individuals is conditioned upon reaching a certain age and possessing reason and criminal maturity.</p>http://ahrarlawjournal.ir/Article/53184Fault-based liability no-fault liability intent criminal liability policy lack of liabilityperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-025107288articleHadi Aban Gah AzgamiYasobuhyaghodus12@yahoo.com1Milad RamezianMiladRamezian@gmail.com2Erfan Yousefi Qale RoudkhaniErfanYousefiQaleRoudkhani@gmail.com3 Arian Dolatiariyandolati@hotmail.com4Assistant Professor, Theology Department, Bent-e-Hoda Sadr Farhangian Campus, Gilan, Iran. Bachelor of Theology Education Student, Imam Ali (AS) Farhangian Campus, Gilan, Iran Bachelor of Theology Education Student, Imam Ali (AS) Farhangian Campus, Gilan, Iran. Bachelor of Theology Education Student, Imam Ali (AS) Farhangian Campus, Gilan, Iran<p>Islam is essentially a religion of mercy, kindness, and joy. The hadiths, narrations, and the conduct of the Infallibles (peace be upon them) have always been based on tolerance, respect, thought, and enlightenment. However, Islam opposes any form of false or improper joy and lifestyle, considering it entirely harmful to human beings and humanity, and a cause of misguidance.In recent years, what has become more prominent is the influence of misguided ideas and the pursuit of happiness by any means&mdash;something that neither tradition, nor sound reason, nor religion, nor morality accepts.Meanwhile, being influenced by foreign cultures without awareness of their essence and reality has led humanity, at times, to neglect choosing what could bring true enjoyment and lasting happiness. This essay seeks to examine the disadvantages and dangers of this issue and to present solutions for overcoming it.Valentine&rsquo;s Day, or the Day of Lovers&mdash;which many regard as nothing more than a legend&mdash;is celebrated annually on February 14 in some countries around the world. In recent years, it has also replaced our authentic cultural traditions, as some people in our country celebrate this day by purchasing and exchanging gifts.</p>http://ahrarlawjournal.ir/Article/53185Valentine's Day Lifestyle Western Culture Islam perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-0251089130articleMohammad Taati Sershakehlawyer.taati@gmail.com1Master of Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.<p>This research adopts a comparative-analytical approach to examine the civil liability of physicians across three domains: legal, jurisprudential (Fiqh), and judicial. Utilizing a mixed methodology (library research, analytical, and comparative), it evaluates the medical liability system through three main axes: (theoretical foundations, litigation challenges, and pathology of judicial practices). By proposing a hybrid system emphasizing practical solutions&mdash;such as professional liability insurance, a national compensation fund, and specialized medical courts&mdash;the study presents an optimized model. This model addresses the challenges of Iran's legal system (e.g., the incomplete integration of Fiqh and codified law, and inadequate compensation for moral damages) while leveraging international experiences (e.g., a 40% reduction in litigation costs in no-fault systems and the efficacy of mixed systems). The research innovates by introducing a "tiered indigenous liability model" (distinguishing the liability of physicians, medical institutions, and the state) and designing a "wise enforcement mechanism" that integrates the principle of Etlaf (unlawful destruction), Article 1 of civil liability law, and restorative justice. This forward-looking model proposes a comprehensive strategy for reforming medical litigation, aligning with Imamiya jurisprudence (Shiite Islamic law) and global standards.</p>http://ahrarlawjournal.ir/Article/53216Civil liability of physicians medical malpractice Imamiya Fiqh judicial systems.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-02510131148articleMostafa Abbasiabasi@gmail.com1Hamed NabizadehHamedNabizadeh@gmail.com2Khashayar HeydarianKhashayarHeydarian@gmail.com3PhD student in Criminal Law and Criminology, Department of Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.PhD student in Private Law, Department of Law, Faculty of Humanities, Aras International Branch, Islamic Azad University, Aras, Iran.PhD student in private law, Law Department, Faculty of Humanities, Kish International Branch, Islamic Azad University, Kish, Iran<p>Civil liability is one of the key instruments in achieving justice and protecting the rights of victims. By imposing enforceable guarantees on wrongdoers, it plays a deterrent role in preventing harmful behavior. However, in Iran&rsquo;s legal system, this role has not been fully realized due to structural and practical weaknesses. Various factors&mdash;such as lack of transparency in laws, inefficiency in the enforcement of judicial rulings, and the disproportionate nature of awarded damages in relation to economic conditions&mdash;have weakened the deterrent function of civil liability and challenged the legal system in achieving its preventive goals.Findings of this research indicate that the absence of public awareness campaigns, weak oversight of harmful conduct, and existing gaps in both theory and practice of civil liability regulations have increased opportunities for wrongdoers to exploit the system, thereby significantly reducing its effectiveness. This situation highlights the necessity of revisiting legal frameworks and implementing effective policies to strengthen deterrence.To enhance the legal standing of civil liability as a deterrent mechanism, this study proposes measures such as reforming and updating laws, promoting public awareness to increase social understanding of the consequences of harmful behavior, and strengthening compensation systems through intelligent mechanisms tailored to economic realities. These actions can reduce existing weaknesses, improve the effectiveness of civil liability in preventing harmful conduct, and contribute to the realization of social justice goals.</p>http://ahrarlawjournal.ir/Article/53218Civil liability mitigating factors legal system insuranceperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-02510150165articleAhmad Pourabrahimpourebrahim@iaurasht.ac.ir1Mohammad Haghighi AzgamiMohammadHaghighiAzgami@gmail.com2Assistant Professor of Criminal Law and Criminology, Department of Law, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.PhD Student in Private Law, Department of Law, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.<p>Regarding &ldquo;interim measures&rdquo; in the UNCITRAL Model Law (amended 2006), the UNCITRAL Arbitration Rules (amended 2010), and the Iranian Law on International Commercial Arbitration (1997), it is noted that the Civil Procedure Code remains silent on this matter, leading to differences of opinion and discretionary interpretations among legal scholars and judges. The disputes that arise concern issues such as: &bull; The effects of interim measures on the parties, the arbitral tribunal, and the courts &bull; Their enforcement and guarantees &bull; The distinction between interim measures and other legal institutions Some of these matters are reflected in the UNCITRAL Arbitration Rules and national laws, and have also been discussed in legal doctrine. The UNCITRAL Model Law provides for a pre-award authority regarding interim measures.The main subject of relevance is the consideration of interim measures as an arbitral act and their enforcement in both international and domestic contexts. The distinction between primary and ancillary recognition of interim measures is also significant. Based on general rules governing interim measures and a realistic view of their objectives, the possibility of enforcement and recognition of such measures exists, although certain direct and indirect enforcement guarantees&mdash;such as recourse to courts for interim measures&mdash;remain available.This research, while highlighting some features of interim measures, aims to explore their recognition and enforcement.</p>http://ahrarlawjournal.ir/Article/53219Arbitration temporary injunction preliminary injunction recognition enforcement perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-02510166185articleMehdi Rezvani Radmehdi-rezvani@iaurasht.ac.ir1Master of Private Law, Department of Law, Faculty of Literature and Humanities, Guilan University, Rasht, Iran.<p>Ship registration systems vary across countries, and states do not follow uniform procedures in implementing their registration systems. In this regard, international conventions have provided useful guidance to instill order and security in matters of ship registration and nationality. However, apparent gaps still exist in the laws of various countries. One of the risks that may lead to the threat of dual nationality of ships due to such lack of clarity or legal contradictions is the application of nationality by the first country (builder's state) on newly constructed vessels until delivery, while the second country (buyer's state) simultaneously grants temporary registration - often without proper attention to obtaining de-registration documents and cancellation of the initial registration. Key questions that play a pivotal role in examining this issue include: Is temporary registration also a form of granting nationality? Is there any conflict between temporary registration and the presumption of nationality in the seller's country for sold vessels? While one might rule in favor of the possibility of such conflict and even confirm that temporary registration constitutes a form of nationality granting, what remains fundamentally important are the methods to prevent such situations - a matter that states endeavor to address in their administrative procedures to avoid creating such improper pathways. This article adopts a descriptive-analytical methodology and utilizes library research tools to investigate the subject.</p>http://ahrarlawjournal.ir/Article/53220Registrationship Nationality international lawtransactions perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-02510186208articleFatima MoeilFmoeel@gmail.com1Fatemeh MahdaviFatemehMahdavi@gmail.com2Master's student in Private Law, Department of Law, Faculty of Humanities, Qaimshahr Branch, Islamic Azad University, Qaimshahr, Iran.Assistant Professor of Private Law, Department of Law, Faculty of Humanities, Qaimshahr Branch, Islamic Azad University, Qaimshahr, Iran.<p>The enforcement of custody judgments in the Iranian legal system, despite the existence of legal enforcement guarantees provided in Articles 40 and 41 of the 2012 Family Protection Act and the provisions of Chapter Nine of the Civil Judgments Enforcement Act, continues to face serious challenges. Delays in the return of the child, refusal by a parent to surrender custody, the absence of specialized enforcement bodies, and ambiguity regarding the manner of cooperation by law enforcement authorities are among the most significant problems.This article, employing a descriptive&ndash;analytical method and drawing upon Imami jurisprudential sources, statutory laws, and judicial practice, examines the existing obstacles and proposes solutions to ensure the effective enforcement of custody judgments. In this regard, the jurisprudential foundations for compulsory restitution of the child, based on the principles of &ldquo;no harm&rdquo; (lā ḍarar) and &ldquo;protection of the child&rdquo; (ḥifẓ al‑walad), are explained, and comparative legal mechanisms as well as international instruments, such as the 1980 Hague Convention, are analyzed.The findings indicate that the lack of executive bylaws, the absence of effective criminal enforcement measures, and the nonexistence of family mediation authorities are key factors contributing to the weakness in the enforcement of custody judgments in Iran.</p>http://ahrarlawjournal.ir/Article/53222Custody child return enforcement of judgments family rights family protection law do no harm rule.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-02510209228articleFatemeh Hosseinzadehtered@yahoo.com1Master of Private Law, Department of Law, Faculty of Literature and Humanities, Guilan University, Rasht, Iran.<p>The extensive developments in information and communication technologies over recent decades have fundamentally transformed the field of healthcare and paved the way for the emergence of electronic medical contracts, or telemedicine. By removing geographical barriers and increasing patients&rsquo; access to specialized services, particularly during the COVID-19 pandemic, this modern mode of healthcare delivery has become one of the core pillars of global health systems. Despite these advantages, telemedicine faces numerous legal and ethical challenges, including the validity of electronic contracts, physicians&rsquo; liability in cases of medical error, informed consent in the digital environment, and the protection of health data.The present study adopts a descriptive&ndash;analytical and comparative approach to examine the legal status of electronic medical contracts in Iranian and French law. The findings indicate that French law, through the enactment of specific regulations, has succeeded in establishing a clear framework for the validity of electronic medical contracts, the requirement of informed consent, stringent protection of health data, and a multilayered liability regime. In contrast, Iranian law continues to rely on general principles of medical law and civil liability and lacks an independent and transparent framework for regulating these relationships. Accordingly, this study proposes that the Iranian legal system, drawing on the French experience, undertake the drafting of comprehensive legislation, revise the liability of physicians and healthcare institutions, and establish a dedicated protective regime for health data. Such reforms can contribute to improving the quality of digital health services and enhancing public trust in electronic medical contracts.</p>http://ahrarlawjournal.ir/Article/53223Telemedicine electronic medical contract physician liability informed consent Iranian law French law.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032026-02510229259articleNarjes Khan Valin.khanvali@yahoo.com1Master's degree student in private law, Law Department, Ahrar Higher Education Institute, Rasht, Iran.<p>Artificial intelligence, by entering the field of medicine, has brought about a profound transformation in diagnosis, treatment, and surgery; however, at the same time, it has generated serious challenges for legal and ethical systems. The complexity of the technology, the involvement of multiple actors (physicians, hospitals, developers, and manufacturers), and the opaque nature of algorithms have rendered the traditional concept of liability ambiguous and have given rise to a &ldquo;liability gap.&rdquo; The main objective of this study is to explain the necessity of designing a multilayered liability regime for artificial intelligence in medicine through an integrated legal&ndash;ethical approach, and to examine the capacities and shortcomings of the Iranian legal system in this regard. This research is descriptive-analytical in nature and has been conducted through a library-based method with reference to معتبر domestic and international sources.In the Iranian legal system, artificial intelligence lacks legal personality, and existing laws (such as the Civil Liability Act and the Islamic Penal Code) are largely based on fault-based liability. Nevertheless, there are capacities within Imamiyyah jurisprudence (such as the no-harm rule and the doctrine of causation) as well as institutions like liability for things and producer liability that can provide a theoretical foundation for the development of a multilayered liability system. Accordingly, the responsible deployment of artificial intelligence in medicine requires a transition from traditional linear liability to a multilayered, dynamic, and risk-based liability regime, in which responsibility is transparently allocated among physicians, developers, and hospitals. The enactment of specific regulations for health data, the imposition of obligations of transparency and algorithmic explainability, the establishment of specialized ethics committees, and the guarantee of meaningful human oversight are among the most important practical measures for bridging the liability gap and achieving therapeutic justice in the era of artificial intelligence.</p>http://ahrarlawjournal.ir/Article/53224Artificial intelligence multi-layered liability medical ethics liability gap algorithmic bias