rezahosin gandomkar; MUHAMMAD SALEHIMAZANDARANI; muhammadmahdi hamidi
Abstract
Artificial intelligence has entered many areas of human life and has created new legal challenges. Having legal personality is one of the theories in managing these challenges that has been proposed to justify the contracts concluded by intelligent systems based on the theory of representation. the attribution ...
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Artificial intelligence has entered many areas of human life and has created new legal challenges. Having legal personality is one of the theories in managing these challenges that has been proposed to justify the contracts concluded by intelligent systems based on the theory of representation. the attribution of civil liability resulting from the activities of intelligent systems to the intelligent systems themselves is another function to grant legal personality. However, a coherent and comprehensive study of the harmonization of the current rules of legal entities and its compliance with the features of intelligent agent has not been provided. This article seeks to answer the adequacy or inadequacy of theoretical foundations and legal resources to identify legal personality for intelligent agent, which has been written in a descriptive-analytical manner with a comparative study between jurisprudence, Iranian law and the West. The findings of this study show that each of these systems have significant theoretical foundations for having legal personality, but the status and characteristics of traditional legal entities are not equally applicable to the features of intelligent agent and if this structure not modified , the identification of legal personality for the systems, despite the alternative solutions, will cause legal confusion.
Ebrahim Abdipour Fard; mohammad salehi mazanarani; kholoood deriss
Abstract
Conclusion of codeshare agreement between international and domestic airlines at first was emerged as a way to advertising, but currently it is used as a strategic approach to gain market share and consequently creating a dominant position for airline services market. One of the legal issues of these ...
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Conclusion of codeshare agreement between international and domestic airlines at first was emerged as a way to advertising, but currently it is used as a strategic approach to gain market share and consequently creating a dominant position for airline services market. One of the legal issues of these agreements is doubt raised about their anti-competitive nature. The results of this research, that is a comparative study of the subject in related legal systems in a descriptive-analytic method, indicate that based on the type of the agreement and its specific characteristics, scope of activity and parties’ share in the market, both aspects-competitive and anticompetitive- are probable in these agreements. Furthermore, although competition law has no clear position as to these types of agreements in various legal systems, legally speaking, such agreements should be investigated case by case and a general rule should not be prescribed for all of their examples.
mohamad mazandarani; safieh mollabashi
Abstract
Traditionalism and Modernism take different approaches with regard to ontology, epistemology and anthropology. This writing considers the relation between these two and answers the question that which process followed by the modern methodology and what was its effect on modern legal methodology and do ...
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Traditionalism and Modernism take different approaches with regard to ontology, epistemology and anthropology. This writing considers the relation between these two and answers the question that which process followed by the modern methodology and what was its effect on modern legal methodology and do these influences affect the nature of modern law and the Islamic traditional law? The outcome of this investigation considers Modernism as replacing ontology by epistemology, that represents itself in research and renders the paradigm of physics-based into other sciences. Modern law presents itself as positive-method science. The positive-method science forms formal and objective law. In addition, positive-method science shapes differentiated and secular law. On the other hand, traditional law accepts metaphysics and considers the method as discoverer, not creator. In this approach, Hojiat or integrity of certainty legitimates Islamic methodology that makes it a unified-nonobjective science, under theology and obliged in religious and moral matters.
Mohammad Salehi Mazandarani; jamshid mirzaei
Abstract
Abstract The ever-increasing expansion of urban societies and shortage of residential lands has caused to be aboveground and underground more valuable than the ground in some cases. This has led to the increasing conflict between individual and public ownership. Studying and analyzing the principles ...
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Abstract The ever-increasing expansion of urban societies and shortage of residential lands has caused to be aboveground and underground more valuable than the ground in some cases. This has led to the increasing conflict between individual and public ownership. Studying and analyzing the principles of ownership can reduce to a large extent the conflict between the private owners and custodians of urban affairs. the results of comparing the fundamentals of this type of ownership in Islamic, Iranian law and legal system of property rights in France, England, Germany, Switzerland, Egypt implies that the Controlling(Al-Taslit), Reverence(Ehteram), Compliance (Tabaiiat), Possession(Yad) and No-harm(La-Zarar) Rules are the most foundations of aboveground and underground property right. Hence the owner of the land has Possession power on them and this must be honored, as aboveground and underground are land accessories and any person who prevents legal possession of the owner, will be liable to compensate due to the damages.
MOhammad SAlehi mazandirani; MOna Ostadi
Abstract
Impossibility of performance in a contract is one of the basic conditions that render a contact null and void. Since the ultimate goal of all contracts is to fulfill a contractual promise, any type of commitment that is impossible to fulfill should be regarded null and void under this rule. This ...
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Impossibility of performance in a contract is one of the basic conditions that render a contact null and void. Since the ultimate goal of all contracts is to fulfill a contractual promise, any type of commitment that is impossible to fulfill should be regarded null and void under this rule. This type of failure in a contract has been under careful scrutiny not only in the Islamic Jurisprudence and the Iranian law but also in foreign legal systems. Therefore, several theories have been allocated to this field. As such, in Common Law, any failure by the parties to fulfill a contractual promise due to the breach of contract or any cancellation of the aims of the contract has been considered as one of the reasons for the failure to implement a contract. Therefore, in this article, having examined the theories available in the Common Law, we analyze this case in the Iranian Law based on the Islamic Jurisprudence.