Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 A Feasibility Study of Programmer Use of Necessity as a Defense for Self-Driving Cars Based on the Foundations of Iranian Criminal Law and Precedents Relative to Homicide-by-Necessity in Common Law A Feasibility Study of Programmer Use of Necessity as a Defense for Self-Driving Cars Based on the Foundations of Iranian Criminal Law and Precedents Relative to Homicide-by-Necessity in Common Law 1 26 1748 10.22091/csiw.2021.5699.1856 FA Gholamhussein Elham Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Tehran. Mohammad Reza Barzegar Ph. D. Student in Criminal Law and Criminology, Faculty of Law, University of Tehran Amirkia Ameri Sani Ph. D. Student in Criminal Law and Criminology, Faculty of Law, University of Tehran. Journal Article 2020 07 01 Developments in transportation industry and computer science have caused the production of cars that do not need human drivers, and instead are driven by artificial intelligence. In this case, the programmer has to predict the situations in which a potential accident is expected previously and provide training to ensure the self-driving cars’ reactions are in compliance with the law. In possible scenarios, which could occur during driving, reacting in compliance with the law is a fundamental challenge that should be settled by lawyers so that the programmer set the self-driving car’s algorithms according to the lawyers’ proposal in a way that probable accidents do not lead to his/her criminal responsibility. Considering this fact, in the present article by using library resources and through a descriptive-analytic method, depiction of potential scenarios, including cases in which the self-driving car is set up to make a choice between hitting two distinct groups of people is dealt with. Finally, paying attention to foundations of domestic law and precedents relative to homicide-by-necessity in common law system, we are seeking to answer these challenges. As such, it is attempted to present the necessary theoretical perspective in order to make Iran’s legal system ready for the entry of self-driving cars and to reduce the risk for designers and investors’ activities in this field through eliminating the criminal responsibility caused by accident of self-driving cars with human based on necessity rule. Developments in transportation industry and computer science have caused the production of cars that do not need human drivers, and instead are driven by artificial intelligence. In this case, the programmer has to predict the situations in which a potential accident is expected previously and provide training to ensure the self-driving cars’ reactions are in compliance with the law. In possible scenarios, which could occur during driving, reacting in compliance with the law is a fundamental challenge that should be settled by lawyers so that the programmer set the self-driving car’s algorithms according to the lawyers’ proposal in a way that probable accidents do not lead to his/her criminal responsibility. Considering this fact, in the present article by using library resources and through a descriptive-analytic method, depiction of potential scenarios, including cases in which the self-driving car is set up to make a choice between hitting two distinct groups of people is dealt with. Finally, paying attention to foundations of domestic law and precedents relative to homicide-by-necessity in common law system, we are seeking to answer these challenges. As such, it is attempted to present the necessary theoretical perspective in order to make Iran’s legal system ready for the entry of self-driving cars and to reduce the risk for designers and investors’ activities in this field through eliminating the criminal responsibility caused by accident of self-driving cars with human based on necessity rule.

Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 A View on Compensation for Physical Injuries: With a Comparative Study Approach in Law of Islam, Iran, France and England A View on Compensation for Physical Injuries: With a Comparative Study Approach in Law of Islam, Iran, France and England 27 54 1652 10.22091/csiw.2020.5422.1795 FA Mohsen Izanlo ut tehranAssociate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran. Hasan Badini Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran. Faredon Nahrayni Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran. Mostafa Mahmodi Moghaddam Ph. D. Student in Private Law, Kish International Campus, University of Tehran . Journal Article 2020 04 16 Bodily damage is one of the damages in the realm of civil liability. Compensation is considered to be one of the main features of philosophy of being of tort law. Physical damage includes any kind of diya (financial compensation)or arsh (the compensation specified in Islamic law to be paid to the victim or his heirs) caused by any kind of damage to the body such as fractures, defects and disability of the organ, whether partial or general - temporary or permanent, diya of death and treatment costs. It appears that legal systems have different approaches toward the issue and follow different principles for compensable damages. According to the findings of this article –that is conducted in a descriptive-analytic-comparative method- the principle in Iranian and French law is full compensation for these damages. In English law, the purpose of civil liability is not to compensate all damages and for all persons and the courts try to limit the civil liability to compensation of certain damages for certain individuals. In Islamic law, acceptance a principle as to the necessity of compensation for all damages and the expansion of the scope of compensable losses does not contradict the holy law of Islam. However, it cannot be claimed with certainty that it is necessary to accept the principle of compensation for all damages in Islamic jurisprudence. Bodily damage is one of the damages in the realm of civil liability. Compensation is considered to be one of the main features of philosophy of being of tort law. Physical damage includes any kind of diya (financial compensation)or arsh (the compensation specified in Islamic law to be paid to the victim or his heirs) caused by any kind of damage to the body such as fractures, defects and disability of the organ, whether partial or general - temporary or permanent, diya of death and treatment costs. It appears that legal systems have different approaches toward the issue and follow different principles for compensable damages. According to the findings of this article –that is conducted in a descriptive-analytic-comparative method- the principle in Iranian and French law is full compensation for these damages. In English law, the purpose of civil liability is not to compensate all damages and for all persons and the courts try to limit the civil liability to compensation of certain damages for certain individuals. In Islamic law, acceptance a principle as to the necessity of compensation for all damages and the expansion of the scope of compensable losses does not contradict the holy law of Islam. However, it cannot be claimed with certainty that it is necessary to accept the principle of compensation for all damages in Islamic jurisprudence.

Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 A Comparative Study on the Foundations of the State’s Legal Personality in the Political Thought of Hobbes and Mohammad Bagher Sabzevari A Comparative Study on the Foundations of the State’s Legal Personality in the Political Thought of Hobbes and Mohammad Bagher Sabzevari 55 78 1746 10.22091/csiw.2021.6256.1955 FA Mohammad Djalali Assistant Professor, Department of Public Law, Faculty of Law, Shahid Beheshti University Zahra Azhar Ph. D. Candidate in Public Law, Faculty of Law, Shahid Beheshti University. 0000-0002-2820-1969 Journal Article 2020 11 21 By the establishment of Safavid state and new conditions ahead, Shi’a political thought in 16th century saw itself faced with numerous questions the most significant of which was the presence of Shi’a but non- masūm king on the throne. Rozat-al-Anwar Abbasi by Mohammad Bagher Sabzevari's is among the works which is written for answering these questions including Mohaghegh Sabzevari’s main ideas as to human being’s nature, society and the way for governing it. This article, through studying one of the most significant works of Safavid era e.g. Rozat-al-Anwar Abbasi and one of its most important contemporaneous works e.g. Leviathan written by Thomas Hobbes, aims at answering this question that why despite the fact that Hobbes and Mohaghegh Sabzevari almost share the same view as regards human being’s nature and the society, propose different solutions for governing the society and permanence of governance? The authors maintain that the different time and social conditions in which they lived have led Hobbes to consider the state as an artificial human as the solution for the permanence of society’s governance, while have induced Mohaghegh Sabzevari to follow connecting Safavid king to immortal Imam and ensuring the permanence of governance through creating the notion of non-original Imam. For the purpose of this article, in studying the works of these two writers, the manuscripts are used and the library-based, descriptive and analytic method is employed. By the establishment of Safavid state and new conditions ahead, Shi’a political thought in 16th century saw itself faced with numerous questions the most significant of which was the presence of Shi’a but non- masūm king on the throne. Rozat-al-Anwar Abbasi by Mohammad Bagher Sabzevari's is among the works which is written for answering these questions including Mohaghegh Sabzevari’s main ideas as to human being’s nature, society and the way for governing it. This article, through studying one of the most significant works of Safavid era e.g. Rozat-al-Anwar Abbasi and one of its most important contemporaneous works e.g. Leviathan written by Thomas Hobbes, aims at answering this question that why despite the fact that Hobbes and Mohaghegh Sabzevari almost share the same view as regards human being’s nature and the society, propose different solutions for governing the society and permanence of governance? The authors maintain that the different time and social conditions in which they lived have led Hobbes to consider the state as an artificial human as the solution for the permanence of society’s governance, while have induced Mohaghegh Sabzevari to follow connecting Safavid king to immortal Imam and ensuring the permanence of governance through creating the notion of non-original Imam. For the purpose of this article, in studying the works of these two writers, the manuscripts are used and the library-based, descriptive and analytic method is employed.

Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic Jurisprudence Impact of Intoxication on Criminal Liability in Criminal Law of Iran, Scotland and Islamic Jurisprudence 79 106 1653 10.22091/csiw.2020.5560.1829 FA Morteza Fathi Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom . null Adel Sarikhani Full Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom. Reza Rezaee Assistant Professor, Department of Law, Rouzbahan Higher Education Institute, Sari. Journal Article 2020 06 13 Explaining the role of intoxication in criminal liability requires knowing the impact of using intoxicants and finally the impact of intoxication on the perpetrator's will, as well as the way of thinking and insight governing the society towards the drunken persons. The drunkenness can lead to the loss or deterioration of will. The fundamental question that arises is what are the similarities and differences between the legal systems of Iran, Islamic jurisprudence and Scotland in this regard? In the present study through a descriptive-analytic method, the most important results are as follows: in each of the mentioned legal systems depriving the will resulting from drunkenness, except if there is a will prior to deprivation of the will to commit a crime (voluntary drunkenness), precludes the criminal liability. The difference is that voluntary drunkenness does not absolve the drunken criminal liability in Scottish criminal law at all because of the element of guilt. This approach is consistent with the well-known position of Islamic jurists regarding drunken murder. In Iranian criminal law, voluntary drunkenness is not recognized as precluding criminal liability if drunkenness is committed with the intent to commit a crime. Albeit, in Iran, drunkenness does not eliminate criminal responsibility for premeditated murder. In addition, identifying the person responsible for proving drunkenness is another difference in these legal systems. The study of Iran's and Scotland's criminal policy on drunkenness implies adopting a rigorous approach (especially in Scotland's criminal law) as to the criminal liability of those who are committing a crime in drunkenness. Explaining the role of intoxication in criminal liability requires knowing the impact of using intoxicants and finally the impact of intoxication on the perpetrator's will, as well as the way of thinking and insight governing the society towards the drunken persons. The drunkenness can lead to the loss or deterioration of will. The fundamental question that arises is what are the similarities and differences between the legal systems of Iran, Islamic jurisprudence and Scotland in this regard? In the present study through a descriptive-analytic method, the most important results are as follows: in each of the mentioned legal systems depriving the will resulting from drunkenness, except if there is a will prior to deprivation of the will to commit a crime (voluntary drunkenness), precludes the criminal liability. The difference is that voluntary drunkenness does not absolve the drunken criminal liability in Scottish criminal law at all because of the element of guilt. This approach is consistent with the well-known position of Islamic jurists regarding drunken murder. In Iranian criminal law, voluntary drunkenness is not recognized as precluding criminal liability if drunkenness is committed with the intent to commit a crime. Albeit, in Iran, drunkenness does not eliminate criminal responsibility for premeditated murder. In addition, identifying the person responsible for proving drunkenness is another difference in these legal systems. The study of Iran's and Scotland's criminal policy on drunkenness implies adopting a rigorous approach (especially in Scotland's criminal law) as to the criminal liability of those who are committing a crime in drunkenness.

Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 Principles Governing the Treatment of Victims of Armed Conflicts from the Perspective of Islam and International Humanitarian Law: With Emphasis on the Status of Prisoners of War and Detainees Principles Governing the Treatment of Victims of Armed Conflicts from the Perspective of Islam and International Humanitarian Law: With Emphasis on the Status of Prisoners of War and Detainees 107 136 1641 10.22091/csiw.2020.4745.1644 FA Mostafa Fazaeli Associate Professor, Department of International Law, Faculty of Law, University of Qom. null Journal Article 2019 08 21 From the perspective of international humanitarian law (IHL), the main purpose of parties to an armed conflict shall be exclusively weakening the enemy’s forces and repelling them out of the battlefield. Accordingly, several principles are formed aimed at controlling military activities, means and ways of war of the parties to the conflict and their treatment of the individuals and groups caught by the adversary. What has been accepted by international community after several centuries and has transformed the law of war into humanitarian law, has been reaffirmed by Islam from the beginning. Furthermore, in spite of some diversionary and extremist claims and conducts, there are some principles derivable from sources, tradition and transcendental teachings of Islam complying with which can play a transformational role in improving the status of war victims and preserving their human dignity and value. Reconsidering these principles, especially in the condition of the emergence of some extremist groups and violent behaviors of fighters attributing themselves to Islam, has become a new necessity. These principles include some common principles between Islam and IHL and certain principles specific to legal and ethical system of Islam. The present article undertakes the analysis and examination of common principles of Islam and IHL that indicates the influence of Islamic thoughts on the development of these principles. However, there are certain principles of conduct in Islam relative to protecting victims of armed conflicts that require another study. From the perspective of international humanitarian law (IHL), the main purpose of parties to an armed conflict shall be exclusively weakening the enemy’s forces and repelling them out of the battlefield. Accordingly, several principles are formed aimed at controlling military activities, means and ways of war of the parties to the conflict and their treatment of the individuals and groups caught by the adversary. What has been accepted by international community after several centuries and has transformed the law of war into humanitarian law, has been reaffirmed by Islam from the beginning. Furthermore, in spite of some diversionary and extremist claims and conducts, there are some principles derivable from sources, tradition and transcendental teachings of Islam complying with which can play a transformational role in improving the status of war victims and preserving their human dignity and value. Reconsidering these principles, especially in the condition of the emergence of some extremist groups and violent behaviors of fighters attributing themselves to Islam, has become a new necessity. These principles include some common principles between Islam and IHL and certain principles specific to legal and ethical system of Islam. The present article undertakes the analysis and examination of common principles of Islam and IHL that indicates the influence of Islamic thoughts on the development of these principles. However, there are certain principles of conduct in Islam relative to protecting victims of armed conflicts that require another study.

Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 The Nature of Intellectual Rights’ Infringement in Islamic Jurisprudence and Law of Iran in Terms of Compensation; With a View on US Law The Nature of Intellectual Rights’ Infringement in Islamic Jurisprudence and Law of Iran in Terms of Compensation; With a View on US Law 137 174 1647 10.22091/csiw.2020.4872.1671 FA Mahsa Madani Ph. D. Student in Private Law, Faculty of Humanities, Islamic Azad University, Shiraz Branch. Zohre Farrokhi Assistant Professor, Department of Private Law, Faculty of Humanities, Islamic Azad University, Shiraz Branch Mostafa Mandegar Assistant Professor, Department of Private Law, Faculty of Humanities, Islamic Azad University, Shiraz Branch. Behnam Ensafi Azar Assistant Professor, Department of Private Law, Faculty of Humanities, Islamic Azad University, Shiraz Branch. Journal Article 2019 10 31 Intellectual property rights infringement is wrong that has both civil and criminal aspects. In civil aspect it is followed by compensation and in criminal terms, it causes the imposition of punishment on the violator of the right. In the Iranian legal system, no clear nature is taken into account for this infringement and basically, studies as to it have not considered any significance for explaining the nature of the infringement. Whereas, investigating and explaining the nature of the infringement has important implications. Intellectual property rights infringement may be considered as loss the consequence of which is imposing an obligation to prove the damage caused for compensation. In the case of infringement of intellectual right, its proof is sometimes impossible and as a result the intellectual property right holder is deprived of compensation. Invoking the jurisprudential and legal rules of causation and unjust enrichment in these cases, for the same reason, not only does not provide a basis for the right to compensation, but also doubles the difficulty for the holder of the right to impose a guilty plea in the case of invoking the causation. Intellectual property infringement in Iran appears to be a "mere harmful act" and, therefore, infringement will not necessarily lead to compensation. This contradicts the motivational role of the intellectual property system. While, in the US legal system, by foreseeing the minimum assumed legal damages, ownability and the motivational role of these rights are confirmed in practice. Intellectual property rights infringement is wrong that has both civil and criminal aspects. In civil aspect it is followed by compensation and in criminal terms, it causes the imposition of punishment on the violator of the right. In the Iranian legal system, no clear nature is taken into account for this infringement and basically, studies as to it have not considered any significance for explaining the nature of the infringement. Whereas, investigating and explaining the nature of the infringement has important implications. Intellectual property rights infringement may be considered as loss the consequence of which is imposing an obligation to prove the damage caused for compensation. In the case of infringement of intellectual right, its proof is sometimes impossible and as a result the intellectual property right holder is deprived of compensation. Invoking the jurisprudential and legal rules of causation and unjust enrichment in these cases, for the same reason, not only does not provide a basis for the right to compensation, but also doubles the difficulty for the holder of the right to impose a guilty plea in the case of invoking the causation. Intellectual property infringement in Iran appears to be a "mere harmful act" and, therefore, infringement will not necessarily lead to compensation. This contradicts the motivational role of the intellectual property system. While, in the US legal system, by foreseeing the minimum assumed legal damages, ownability and the motivational role of these rights are confirmed in practice.

Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 Components of Satellite Broadcasting in International and Islamic Law Components of Satellite Broadcasting in International and Islamic Law 175 202 1733 10.22091/csiw.2020.5332.1770 FA Moslem Maleki Ph. D. in Public International Law, University and Seminary Instructor Journal Article 2020 04 05 Todays, satellite broadcasting has become one of the most important areas in international arena, so that global and regional satellite communications have overshadowed many communication activities and have experienced a new course of progress and path. The role and position of satellite television networks in the transmission of news and information is expanded that, on the one hand, has created a new type of communication in the world of media, and on the other hand, has transformed the traditional equations in this regard. Meanwhile, the cessation of satellite networks or the boycott of the media has deprived the audience of access to news and information, as well as political and cultural … views. Furthermore, unilateral boycott and cessation of satellite networks’ broadcasting is not compatible with legal principles and rules. The present research, through a descriptive-analytic method and a comparative study in sources and foundations of international law and Islamic law, has analyzed and examined the practical components of live broadcast content of satellite programs. Todays, satellite broadcasting has become one of the most important areas in international arena, so that global and regional satellite communications have overshadowed many communication activities and have experienced a new course of progress and path. The role and position of satellite television networks in the transmission of news and information is expanded that, on the one hand, has created a new type of communication in the world of media, and on the other hand, has transformed the traditional equations in this regard. Meanwhile, the cessation of satellite networks or the boycott of the media has deprived the audience of access to news and information, as well as political and cultural … views. Furthermore, unilateral boycott and cessation of satellite networks’ broadcasting is not compatible with legal principles and rules. The present research, through a descriptive-analytic method and a comparative study in sources and foundations of international law and Islamic law, has analyzed and examined the practical components of live broadcast content of satellite programs.

Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 Reinvestigating Terrorism from the Perspective of Islamic Law and International Instruments: With Emphasis on Liberation Movements Reinvestigating Terrorism from the Perspective of Islamic Law and International Instruments: With Emphasis on Liberation Movements 203 228 1765 10.22091/csiw.2021.5882.1895 FA Mohammad Nozari Ferdowsiye Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, University of Qom. Mohammad Zahibat Ph. D. Student in Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, University of Qom. Journal Article 2020 08 23 In Islamic jurisprudence, there are concepts such as Erhab, Eghtial, Fatk, Baghy and Moharebah which although may not be completely synonymous with the notion of terrorism, due to being among the factors threatening the security and are considered to be examples of Munkar (anything denounced as evil), Islam opposes them. Accordingly, in political jurisprudence of Islam, moharebah, that is to say taking up arms in order to create fear and panic and depriving the people of security and comfort is criminalized and severe punishments are provided to tackle with it. In accordance with international instruments, widespread violations of fundamental human rights and freedoms, including political repression and social discriminations are regarded be fundamental causes of violent acts which are criminalized and generally are called terrorism. Western countries, with a broad interpretation of terrorism and following the Additional Protocol I to 1949 Geneva Conventions, have considered the struggles of the liberation movements as an international armed conflict and have accepted fighting against them in the form of terrorism. The authors, through a descriptive-analytic and comparative method and a library-based approach in collecting sources, while expressing the view of Islam and international instruments on terrorism, are seeking to prove that based on the view of Islamic law, the struggles of liberation movements in the form of Islamic jihad are defensive actions to realize the truth, repel the oppression and eliminate sedition, and confront oppression and arrogance and are right-oriented. In Islamic jurisprudence, there are concepts such as Erhab, Eghtial, Fatk, Baghy and Moharebah which although may not be completely synonymous with the notion of terrorism, due to being among the factors threatening the security and are considered to be examples of Munkar (anything denounced as evil), Islam opposes them. Accordingly, in political jurisprudence of Islam, moharebah, that is to say taking up arms in order to create fear and panic and depriving the people of security and comfort is criminalized and severe punishments are provided to tackle with it. In accordance with international instruments, widespread violations of fundamental human rights and freedoms, including political repression and social discriminations are regarded be fundamental causes of violent acts which are criminalized and generally are called terrorism. Western countries, with a broad interpretation of terrorism and following the Additional Protocol I to 1949 Geneva Conventions, have considered the struggles of the liberation movements as an international armed conflict and have accepted fighting against them in the form of terrorism. The authors, through a descriptive-analytic and comparative method and a library-based approach in collecting sources, while expressing the view of Islam and international instruments on terrorism, are seeking to prove that based on the view of Islamic law, the struggles of liberation movements in the form of Islamic jihad are defensive actions to realize the truth, repel the oppression and eliminate sedition, and confront oppression and arrogance and are right-oriented.

Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iran Examining the Blue Pencil Rule in Common Law and Comparing it with Islamic Jurisprudence and Law of Iran 229 258 1750 10.22091/csiw.2021.5872.1893 FA Mohammad Hosein Vakili Moghadam Assistant Professor, Department of Private Law, Hazrat-e-Masumeh University. Journal Article 2020 08 21 The blue pencil rule in common law is one of the solutions for dealing with partial nullity of the contract according to which the examining authority can, without the request of parties, pave the way for the partial enforcement of the contract through eliminating its void part. Due to the silence and ambiguity of Iranian Civil Code in this regard and the possibility of its occurrence in contracts, it seems to be necessary to examine and explain the acceptable solution in Islamic jurisprudence and law of Iran. Paying attention to conditions and cases relative to this rule in common law, this article attempts to elucidate the justifying foundations of the rule and assess its compatibility with law of Iran. To conclude, it can be said that although the possibility of eliminating the void part of the contract is compatible with the basics of law of contracts and is supported by transactional custom and is of practical advantages, the effects of this elimination have caused many jurisprudential-legal disagreements. This article, explaining the quality of the application of this rule in the trial procedure, considers the abolition and distribution of consideration as the main effects of the partial nullity of contract compatible with the foundations of Iranian law. The blue pencil rule in common law is one of the solutions for dealing with partial nullity of the contract according to which the examining authority can, without the request of parties, pave the way for the partial enforcement of the contract through eliminating its void part. Due to the silence and ambiguity of Iranian Civil Code in this regard and the possibility of its occurrence in contracts, it seems to be necessary to examine and explain the acceptable solution in Islamic jurisprudence and law of Iran. Paying attention to conditions and cases relative to this rule in common law, this article attempts to elucidate the justifying foundations of the rule and assess its compatibility with law of Iran. To conclude, it can be said that although the possibility of eliminating the void part of the contract is compatible with the basics of law of contracts and is supported by transactional custom and is of practical advantages, the effects of this elimination have caused many jurisprudential-legal disagreements. This article, explaining the quality of the application of this rule in the trial procedure, considers the abolition and distribution of consideration as the main effects of the partial nullity of contract compatible with the foundations of Iranian law.

Univerisity of Qom Comparative Study on Islamic & Western Law ۲۴۷۶-۴۲۱۳ 8 1 2021 05 22 A Comparative Examination of the Promisee’s Duty to Cooperate in Performing the Obligation in Islamic Jurisprudence, Iranian Law and International Commercial Contracts A Comparative Examination of the Promisee’s Duty to Cooperate in Performing the Obligation in Islamic Jurisprudence, Iranian Law and International Commercial Contracts 259 288 1751 10.22091/csiw.2021.4671.1633 FA Ahmad Usefzadeh Assistant Professor, Department of Law, Faculty of Theology, Azarbaijan Shahid Madani University . Soroush Rostamzad Asli Ph. D. in Private Law, Faculty of Law and Political Science, University of Shiraz. Iman Mirian Ph. D. Student in Private Law, Faculty of Humanities, Islamic Azad University, Science and Research Branch, Tehran. Journal Article 2019 10 12 The purpose of the parties in creating an obligation is performing it and performance of the obligation is undertaken by the promisor. However, there are cases in which either basically the performance of obligation without the cooperation of the promise is not possible or without his/her cooperation, the obligation will not be properly performed. Today, this issue is considered in international trade contracts. Accordingly, the main challenge of this article is to investigate the foundation of the promisee’s duty to cooperate in performing the obligation and its position in the Convention on Contracts for the International Sale of Goods (CISG), Principles of International Commercial Contracts (UPICC), Principles of European Contract Law (PECL) and law of Iran. At the end of this article, it will be determined that this duty is stipulated in the UPICC and the PECL and has been implicitly addressed in article 60 of the CISG. Such a duty is not reaffirmed in Islamic jurisprudence and Iranian law. However, examples of the refusing the acceptance of performance according to the contract by the promise and a situation in which, due to the act of promise, the performance of the obligation becomes impossible are seen. The purpose of the parties in creating an obligation is performing it and performance of the obligation is undertaken by the promisor. However, there are cases in which either basically the performance of obligation without the cooperation of the promise is not possible or without his/her cooperation, the obligation will not be properly performed. Today, this issue is considered in international trade contracts. Accordingly, the main challenge of this article is to investigate the foundation of the promisee’s duty to cooperate in performing the obligation and its position in the Convention on Contracts for the International Sale of Goods (CISG), Principles of International Commercial Contracts (UPICC), Principles of European Contract Law (PECL) and law of Iran. At the end of this article, it will be determined that this duty is stipulated in the UPICC and the PECL and has been implicitly addressed in article 60 of the CISG. Such a duty is not reaffirmed in Islamic jurisprudence and Iranian law. However, examples of the refusing the acceptance of performance according to the contract by the promise and a situation in which, due to the act of promise, the performance of the obligation becomes impossible are seen.