perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032021-0512113articleEbadollah Rostami Chalkasarie_rostamy@yahoo.com1Mahmud KohaniM.K@GMAIL.COM2Associate Professor of Private Law, Department of Law, Institute of Technology and Higher Education, Ahrar University, Rasht, Iran.Assistant Professor of Private Law, DepartmAssistant Professor of Private Law, Department of Law, Faculty of Humanities, Bandar Anzali International Center, Islamic Azad University, Anzali, Iran.ent of Law, Faculty of Humanities, Bandar Nazli International Center Unit, Islamic Azad University, Anzali, Iran.Principally the issued judgments from trial authorities at principal of relativity must effect merely in relation of the parties of trial and cannot invoke at others than them, but sometimes those judgments defect the third parties of their rights. The legislator for preservation from rights of them has permitted until they object to those judgments as third parties which it is named as "third party objection". There is no unanimity of opinions in the matter of what judgments have the third party objection receptivity? Absoluteness of the legislator's expression includes all of judgments either decree or order issued by court and includes conclusive judgments and on the other hand the proviso the "court" as the issued judgments issuer author, doesn’t include other authors. The right of objection has been recognized to arbitration award and judgments issued by administrative Justice Court, but about other authors haven't been done sufficient and necessary review, thus in this paper we will determine the judgments which the third party can object to them. http://ahrarlawjournal.ir/Article/16074Judgment. Verdict. Order. Third party objectionperAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032021-05121432articlemasoud akhavanmfardlaw@yahoo.com1Reza Shahidi Sadeghir.s@gmail.com2Assistant Professor of International Trade Law, Department of Law, Ahrar University Institute of Higher Education, Rasht, Iran.PhD student in private law, Department of Law, Faculty of Humanities, Gorgan Branch, Islamic Azad University, Gorgan, Iran.In the present era, due to advances in new technologies, including cyber-space, we face quantitative and qualitative opportunities, including the issue of hearing the testimony of witnesses in cyber-Space arbitration. Hearing the testimony of witnesses in the cyber-space in accordance with the specification or implication of valid international laws and conventions such as the UNCITRAL Model Arbitration Law and the Arbitration Rules of the International Chamber of Commerce and also by the meaning of some provisions of Internal arbitration laws and the International Commercial Arbitration Law and explicitly stipulated in the Electronic Commerce Law, has been supported by the Iranian legislator and has been granted judicial validity. In this descriptive-analytical article, the authors intend to discuss the hearing of witness testimony in cyber-space arbitration in a comparative manner in the arbitration systems of the united states, europe and Iran. witnesses hearing as well as opportunities and challenges in the process of hearing to witnesses in cyber-space arbitration should be explored.http://ahrarlawjournal.ir/Article/16075Arbitration Virtual Witnesses Hearing Challenges of Witnesses Challenges and Advantages.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032021-05123353articleFarshad Akbari Balangafarshadakbari1974@gmail.com1Seyed Alireza Mirheidari Langroudis.m@gmail.com2Master's student in private law, Department of Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.Assistant Professor of Private Law, Department of Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.Goodwill is one of the most important issue’s of renting , which has emerged in the contemporary period and was first established in France , and then French law has entered Iran's rights. In 1997, it was recognized by the legislator. This was right before the laws entered into Iran's commercial convention. What was recognized in Iran's laws in the past was the right to business and trade that most of the jurists called to oppose it and declared it a non – religious. Consequently¬ opposition , the Convention on the Trade , which was reflected in the form of goodwill in the writings¬ of jurists, influenced their legal theories for the first time in the framework of the legal Relations Law and the tenant of 1997. Although the law could not be all to goodwill issues. Because the concept of goodwill and its nature is not clear, and at the same time the conditions of realization of the goodwill and the implementation guarantee¬ Failure to comply with these terms and also the right to the third parties is not clear. Also , the goodwill and conditions of realization of the transfer and conformity of it in Iran's free trade and industrial zones have ambiguities. Hence , in this thesis we are going to clarify the ambiguities and solutions to solve this issue.http://ahrarlawjournal.ir/Article/16076 Goodwill natureright goodwill business tenants free trade zones.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032021-05125463articleSeyedeh Maryam Asadi nejadsm.asadinejad@ahrar.ac.ir1General practitioner, private law faculty member, law department, Ahrar Institute of Technology and Higher Education, Rasht, Iran.After the contract of sale, if the seller remains with the seller not only should the seller protect the seller, but he is also responsible for the exchange guarantee, while the seller and its benefits and representations belong to the customer. In addition, the costs of maintaining the seller from the time of concluding the contract until the time of delivery or loss will be borne by the seller and this will cause an imbalance in the contractual relationship between the seller and the customer.In response to this question, what is the solution to prevent damages in the Convention on the International Sale of Goods and in Iranian law?It should be said that one of the non-judicial and conventional solutions to create this economic security and to prevent any possible damage to the resale system is mentioned in some international regulations, including the Convention on the International Sale of Goods.According to the provisions of the convention, it is possible to resell without dissolution, and in our regulations, such a thing is not clearly stated, but on the contrary, for resale, the contract must be dissolved first, then resale or it will be possible to transfer it. http://ahrarlawjournal.ir/Article/16077Resale liquidation exchange guaranteelate price option.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032021-05126478articleFatemeh JameeiFat.jameei.law@iauctb.ac.ir1Nader KhavandgarN.A@gmail.com2Hirad Mokhayerihiradmokhayeri@gmail.com3PhD student in Private Law, Department of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.Assistant Professor of Private Law, Department of Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.PhD student of International Relations, Department of Political Science, Faculty of Humanities, Zanjan Branch, Islamic Azad University, Zanjan, Iran.The significance of concluding contracts requires that there should be a legal relationship in the name of representation in the relations between individuals, so that the representative can participate in the contracts in his/her own name and conclude the contract on his/her behalf. Representation is divided into kinds based on the validity of the basis and its cause, and one of the most important of which is contractual representation. Since the existence of two wills is necessary in concluding any contract, the contractual representative declares his/her will on behalf of the original party and in some cases may participate in the contract on his/her own behalf and in his/her own right and deal with him/herself. Therefore, in the present study, in order to clarify the various dimensions of such a deal, in response to the question of what is the nature and legal status of such a deal in the Iranian legal system if a deal is made by contractual representatives including lawyers, directors of commercial companies, dealers and brokers, it should be said that such a deal was accepted as a contract and in the case of a lawyer, it shall be valid and effective by observing the client’s interests, in the case of managers of commercial companies and dealers, it shall be valid and effective by observing formalities, but the broker's dealing with himself/herself is not valid and he/she can only have a share in the deals of the parties. All of which were examined in detail in this article. http://ahrarlawjournal.ir/Article/16079Contractual Representative Dealing with Self Iranian Legal System.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032021-05127993articleMaryam Tafazoli MehrjardiM.T@GMAIL.COM1behshid arfaniabeh.arfania@iaucthb.ac.ir2Master of Private Law, Department of Law, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran.Associate Professor, Department of Private Law, Faculty of Law, Theology and Political Science, Tehran Branch, Islamic Azad University, Tehran, Iran.The objective of civil liability is to maintain the coexistence of individuals in society; If a person inflicts unlawful harm on other person, he is responsible for the effects of his harmful actions. Therefore, regardless of the injurer’s physical and mental conditions, what he has done should be examined as being in conflict or compliance with the behavior of a reasonable or normal human being as a criterion of fault. In Iranian law, fault has a social meaning and therefore minors can be deemed guilty and responsible in this respect. If a guardian is responsible to maintain or to take care of a minor according to the law or the contract and commits a fault accordingly, the minor is not responsible but the person who has failed to maintain or to take care of the minor will be responsible for the compensation. Under English law, guardians, including parents and others caring for minors, have no representative responsibility for minors’ faults. The guardian is only responsible if he or she has personally failed to take care of or has motivated the minor to commit a fault.http://ahrarlawjournal.ir/Article/16080Fault Guardian Minor Civil liability carelessness Neglect.perAhrar Higher Education Instituteدوفصلنامه پژوهشنامه حقوق خصوصی احرار2821-27032821-27032021-051294106articleArman Yaghobi Moghadamarman_yghb@yahoo.com1Ashkan Naeimia.n@gmail.com2Master student of Private Law, Department of Law, School of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.Assistant Professor of Fiqh and Fundamentals of Islamic Law, Department of Theology and Islamic Studies, Faculty of Theology and Islamic Studies, Allameh Tabatabai University, Tehran, Iran.Rules based on one division in the science of principles are divided into situational and obligatory rules.There is one difference between the fundamentalists in the nature of the obligatory rulings, but there is a difference of opinion in the nature of the rulings. Two comments have been obtained between principles. Some fundamentalists, such as Sheikh Ansari, consider the status quo to be detached from the mandatory mandate. Others, such as Fazel Toni, consider the nature of the status quo to be independent. In this research that in terms of practice data collection is a library, we will prove that the separation of status sentences from mandatory sentences in the Iranian legal system has many benefits. http://ahrarlawjournal.ir/Article/16081rules situational rules mandatory rules right