Univerisity of QomComparative Studies on Islamic and Western Law2476-42139120220321The Comparative Study of Concept of Unilateral Contracts in Law of England, France, Iran and Islamic LawThe Comparative Study of Concept of Unilateral Contracts in Law of England, France, Iran and Islamic Law130212010.22091/csiw.2022.6274.1958FANooraEhsangarPh. D Student in Private Law, Faculty of Administrative Sciences and & Economics, University of Isfahan.ALIREZAYAZDANIANAssociate Professor, Department of Private Law, Faculty of Administrative Sciences & Economics, University of Isfahan.HasanBadiniAssociate Professor, Department of Private Law, Faculty of Law & Political Science, University of Tehran.0000-0002-9609-2178Journal Article20201221The term "unilateral contract" in appearance contains an explicit conflict; due to the fact that contracts have at least two parties and are bilateral. In general, unilateral legal actions are outside the scope of contracts and are the equivalent of unilateral juridical actions. Unilateral contract in English Law refers to a contract in which, upon acceptance, only the offeror has an obligation. The offeree in a unilateral contract has no obligations, and acceptance is done only by conduct. In French Law, the concept of a unilateral contract refers to a single-obligation contract that can be accepted in any of the available ways to express acceptance. In Iranian legal system, a unilateral contract is not recognized under such a title. However, there is a similar entity called single-obligation contracts compatible with its French meaning and comparable with a unilateral contract in English law if acceptance is by conduct. In English law, as a general rule, the contract's conclusion time is the same as the receipt time of acceptance. Due to the offeree's reliance on the offer, the offeror loses the opportunity to refer the offer in the unilateral contract. The contract is concluded from the beginning of the offeree's action. There are many ambiguities in Iran's law regarding the issues raised because the legal texts and the jurists' opinions are not explicit in these cases. While their Inclusion in civil law adds to the richness of legal literature but in practice, this division's effects can eliminate courts' ambiguities in this regard. This comparative study's results indicate that Iranian Law can accept the unilateral contract without any obstacles. This subject is discussed in this article through a descriptive, analytical and comparative method.The term "unilateral contract" in appearance contains an explicit conflict; due to the fact that contracts have at least two parties and are bilateral. In general, unilateral legal actions are outside the scope of contracts and are the equivalent of unilateral juridical actions. Unilateral contract in English Law refers to a contract in which, upon acceptance, only the offeror has an obligation. The offeree in a unilateral contract has no obligations, and acceptance is done only by conduct. In French Law, the concept of a unilateral contract refers to a single-obligation contract that can be accepted in any of the available ways to express acceptance. In Iranian legal system, a unilateral contract is not recognized under such a title. However, there is a similar entity called single-obligation contracts compatible with its French meaning and comparable with a unilateral contract in English law if acceptance is by conduct. In English law, as a general rule, the contract's conclusion time is the same as the receipt time of acceptance. Due to the offeree's reliance on the offer, the offeror loses the opportunity to refer the offer in the unilateral contract. The contract is concluded from the beginning of the offeree's action. There are many ambiguities in Iran's law regarding the issues raised because the legal texts and the jurists' opinions are not explicit in these cases. While their Inclusion in civil law adds to the richness of legal literature but in practice, this division's effects can eliminate courts' ambiguities in this regard. This comparative study's results indicate that Iranian Law can accept the unilateral contract without any obstacles. This subject is discussed in this article through a descriptive, analytical and comparative method.https://csiw.qom.ac.ir/article_2120_948aa77f995a93b932f44d494e6b19c5.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321Differential Investigation of Economic rimes in Iranian and French LawDifferential Investigation of Economic rimes in Iranian and French Law3162214610.22091/csiw.2022.7242.2136FAErfanBabakhaniPh.D. Student in Criminal Law and Criminology, Member of the Research Ccademy of Law, Paris-Nanterre University.0000-0001-5760-1091HadiRostamiAssistant Professor, Department of Law, Faculty of Humanities, Bu-Ali Sina University.0000-0003-4383-4331Journal Article20210819Differentiating the prosecution and investigation of economic crimes with the aim of the criminal justice system efficiency and effective combat against the perpetrators of these crimes is a contemporary emerging approach, which has been gradually completed in the French legal system. The specialization of criminal justice has led the French legislature to specialize certain jurisdictions and judicial actors. "Contractualization" of criminal prosecution and development of public prosecutor’s authority for implementation of penal transaction in order to gain the public interest is another strategy of French legislator. In contrast, the Iranian legislator, despite some efforts to identify economic crimes and their effects on the Islamic Penal Code (of 2013) and to shift the burden of proof regarding money laundering, in the field of due penal process, does not have a coherent and systematic position on differentiation. In addition, the regulations in this area are fragmented and inefficient. Sometimes in practice, the process is led to differentiation by judicial instructions, which is against the principle of legality of the criminal process.Differentiating the prosecution and investigation of economic crimes with the aim of the criminal justice system efficiency and effective combat against the perpetrators of these crimes is a contemporary emerging approach, which has been gradually completed in the French legal system. The specialization of criminal justice has led the French legislature to specialize certain jurisdictions and judicial actors. "Contractualization" of criminal prosecution and development of public prosecutor’s authority for implementation of penal transaction in order to gain the public interest is another strategy of French legislator. In contrast, the Iranian legislator, despite some efforts to identify economic crimes and their effects on the Islamic Penal Code (of 2013) and to shift the burden of proof regarding money laundering, in the field of due penal process, does not have a coherent and systematic position on differentiation. In addition, the regulations in this area are fragmented and inefficient. Sometimes in practice, the process is led to differentiation by judicial instructions, which is against the principle of legality of the criminal process.https://csiw.qom.ac.ir/article_2146_e5c4faf3a721d7458523198671fd154a.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321Paradigmatic Eclecticism of the System of Non-Fulfillment of Obligations and Its Resulting Damages in Iranian Law: A Comparative Study with Imamiyah Jurisprudence and French LawParadigmatic Eclecticism of the System of Non-Fulfillment of Obligations and Its Resulting Damages in Iranian Law: A Comparative Study with Imamiyah Jurisprudence and French Law6396194710.22091/csiw.2021.6364.1977FAAtaollahBigdeliFaculty Member at the Imam Hossein University, Iran, TehranJournal Article20201216In the Romano-Germanic legal system, the process of contractual liability is transparent and clear: the concept of loss is a broad concept and fault plays a major role in creating civil liability. Failure to do so will result in direct coercion, indirect compensation, the possibility of judicial termination, and compensation for all damages for late payment. In Imamiyah jurisprudence, too, the non-fulfillment of the provisions of the contract has clear concepts, rules and process: the concept of loss is a narrow concept and relating to property, fault has no role in creating civil liability, in case of non-fulfillment (if its meaning is conceivable) there is a possibility of direct coercion by the ruler, and damages due to late payment are not counted as damages. But the sanction system of non-fulfilment in Iran intends to combine these two coherent systems. Concepts such as loss, role of fault, and the process of non-fulfillment are ambiguous because the Iranian legal system both has accepted the guarantee for violating the conditions of the contract in Islamic jurisprudence and Articles 221 and 222 of the Civil Code as to the violation of the obligation. Combining these two systems together is essentially impossible and the Iranian system must move towards one of them only. The method of this research is material content analysis and historical analysis of the legislation process. In content analysis, an attempt is made to examine the central sign along with the surrounding concepts of the problem of discovering and comparing signs in two different texts.In the Romano-Germanic legal system, the process of contractual liability is transparent and clear: the concept of loss is a broad concept and fault plays a major role in creating civil liability. Failure to do so will result in direct coercion, indirect compensation, the possibility of judicial termination, and compensation for all damages for late payment. In Imamiyah jurisprudence, too, the non-fulfillment of the provisions of the contract has clear concepts, rules and process: the concept of loss is a narrow concept and relating to property, fault has no role in creating civil liability, in case of non-fulfillment (if its meaning is conceivable) there is a possibility of direct coercion by the ruler, and damages due to late payment are not counted as damages. But the sanction system of non-fulfilment in Iran intends to combine these two coherent systems. Concepts such as loss, role of fault, and the process of non-fulfillment are ambiguous because the Iranian legal system both has accepted the guarantee for violating the conditions of the contract in Islamic jurisprudence and Articles 221 and 222 of the Civil Code as to the violation of the obligation. Combining these two systems together is essentially impossible and the Iranian system must move towards one of them only. The method of this research is material content analysis and historical analysis of the legislation process. In content analysis, an attempt is made to examine the central sign along with the surrounding concepts of the problem of discovering and comparing signs in two different texts.https://csiw.qom.ac.ir/article_1947_eeb3b7d9a138d940100790267f8b1636.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321A Reflection on the Proving Role of the Knowledge and Information of the Composition's Addressee in the Law of Islam and the WestA Reflection on the Proving Role of the Knowledge and Information of the Composition's Addressee in the Law of Islam and the West97120194310.22091/csiw.2021.5714.1859FANasrolahJafariAssistant Professor, Department of Law, University of Meybod .MarziyeAlimoradiPh. D. Student in Private Law, University of Meybod.Journal Article20200727In foreign legal systems and most of the international legal instruments such as the CISG and PECL, the legal will including rejecting the offer, accepting the offer or cancellation of the contract must be declared to the addressee and the mere composition and its declaration has no legal force before its reception by the addressee. But, in the law of Iran and under the influence of the surface of the Islamic law foundations, according to the predominant theory there is no need to inform the addressee about the composed will. For example, the theory of sending the acceptance is the criterion for the realization of the contract in the corresponding contracts, and the mere declaration of the intention to cancellation or rejection is considered to be enough in rejection or cancellation of the contract. This approach has brought with itself problems such as abuse of right, deliberate secrecy, expanding the scope of civil liability, increased risk of entering into large transactions, ignorance of conflicting transactions, fraud and the like. However, in order to make compatible the laws with the needs of the society and due to the necessity and expediency, the no-need-to-inform the addressee rule can be developed. Through using Article 40 of the Constitution, Articles 38 of the Code of Civil Procedure, and Articles 833 and 680 of the Civil Code and some of the views of Islamic jurists that have not yet been employed, a new rule can be made and move the legal system of Islam and the law of Iran in line with the globalization of law toward their progress and development.In foreign legal systems and most of the international legal instruments such as the CISG and PECL, the legal will including rejecting the offer, accepting the offer or cancellation of the contract must be declared to the addressee and the mere composition and its declaration has no legal force before its reception by the addressee. But, in the law of Iran and under the influence of the surface of the Islamic law foundations, according to the predominant theory there is no need to inform the addressee about the composed will. For example, the theory of sending the acceptance is the criterion for the realization of the contract in the corresponding contracts, and the mere declaration of the intention to cancellation or rejection is considered to be enough in rejection or cancellation of the contract. This approach has brought with itself problems such as abuse of right, deliberate secrecy, expanding the scope of civil liability, increased risk of entering into large transactions, ignorance of conflicting transactions, fraud and the like. However, in order to make compatible the laws with the needs of the society and due to the necessity and expediency, the no-need-to-inform the addressee rule can be developed. Through using Article 40 of the Constitution, Articles 38 of the Code of Civil Procedure, and Articles 833 and 680 of the Civil Code and some of the views of Islamic jurists that have not yet been employed, a new rule can be made and move the legal system of Islam and the law of Iran in line with the globalization of law toward their progress and development.https://csiw.qom.ac.ir/article_1943_720a434c604043e3e802156540641207.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321A Comparative Survey on the Boundaries of the Liability of the Guarantor in Commercial Instruments Considering Iranian and French Laws and Certain ConventionsA Comparative Survey on the Boundaries of the Liability of the Guarantor in Commercial Instruments Considering Iranian and French Laws and Certain Conventions121146180310.22091/csiw.2021.5713.1878FAEbrahimDelshadFaculty Member at Islamic Azad University, Qom BranchNayyerehsadatMoojaniMA in Private Law, Islamic Azad University, Qom Branch.Journal Article20200809As stated in the last phrase of the Article 249 of the Commercial Code of Iran, the guarantor has only joint liability with the person to whom the guarantee is given. This has limited the scope of guarantor's liability and enables him/her to rely on objections on which the principal debtor can also rely. Nevertheless, the question that is raised in the scope of guarantor's liability and its limitation to the liability of the creditor is: in case of the principal debtor's incapacity or his signature being forged, can the guarantor, too, as for the last part of aforementioned Article consider himself/herself exempt from liability? The Iranian law legislators did not provide a clear answer to the above question, but the French Law and the Geneva Convention and UNCITRAL, meanwhile accepting independence for guarantor's liability, maintain that the guarantor alongside the other signatories has a joint liability. In the Iranian Law, despite the silence of the legislators, one may consider this solution: in the engagement per se, there is no subjacency. Thus in case of signature forgery of the principal debtor or his incapacity, guarantor's engagement, although independently, finds actuality and as an exception to the decree of the last part of Article 249 of the Commercial Code, although the principal debtor in these suppositions has no liability for the holder of commercial instrument, the guarantor is obligated to pay the money.As stated in the last phrase of the Article 249 of the Commercial Code of Iran, the guarantor has only joint liability with the person to whom the guarantee is given. This has limited the scope of guarantor's liability and enables him/her to rely on objections on which the principal debtor can also rely. Nevertheless, the question that is raised in the scope of guarantor's liability and its limitation to the liability of the creditor is: in case of the principal debtor's incapacity or his signature being forged, can the guarantor, too, as for the last part of aforementioned Article consider himself/herself exempt from liability? The Iranian law legislators did not provide a clear answer to the above question, but the French Law and the Geneva Convention and UNCITRAL, meanwhile accepting independence for guarantor's liability, maintain that the guarantor alongside the other signatories has a joint liability. In the Iranian Law, despite the silence of the legislators, one may consider this solution: in the engagement per se, there is no subjacency. Thus in case of signature forgery of the principal debtor or his incapacity, guarantor's engagement, although independently, finds actuality and as an exception to the decree of the last part of Article 249 of the Commercial Code, although the principal debtor in these suppositions has no liability for the holder of commercial instrument, the guarantor is obligated to pay the money.https://csiw.qom.ac.ir/article_1803_2ce2c742ef19fc88c2f780fa0192dbff.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321A Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English LawsA Comparative Study on the Transfer of Nonexistent Property in Future Sales Contracts in Imamiyah Jurisprudence and Iranian, French and English Laws147182187010.22091/csiw.2021.5146.1725FAMohammadRiyahiPh. D. Student in Private Law, Islamic Azad University, Isfahan (Khorasgan) Branch.MohammadJaafari FesharakiAssistant Professor, Department of Private Law, Islamic Azad University, Isfahan .Journal Article20200229The sale of a future property is a transaction in which the property does not yet exist at the time of the contract’s conclusion but will exist in the future. The property may be passing of ownership or an ascertained (i.e. definite and specific) object. This study investigated the latter type, that is, the sale of a future ascertained object. There are two obstacles to the validity of this contract. The first obstacle is the impossibility of ownership of nonexistent. The second obstacle is that this type of sale is uncertain (<em>Bai' al-Gharar</em>). However, from an analytical point of view, neither of the said obstacles can impair the validity of this type of contract because both obstacles can be overcome. In French Civil Code, making commitments concerning a future property is explicitly authorized. In English law, the sale of future property, which is a type of unascertained property, is not known as a transfer, but as an agreement to transfer. In the Iranian legal system, the legislator has not addressed this subject through a general rule. However, belief in the accuracy can be improved through foundations governing the legal system and some sporadic legal texts including Article 842 of the Civil Code. This study is conducted by means of a descriptive-analytical method.The sale of a future property is a transaction in which the property does not yet exist at the time of the contract’s conclusion but will exist in the future. The property may be passing of ownership or an ascertained (i.e. definite and specific) object. This study investigated the latter type, that is, the sale of a future ascertained object. There are two obstacles to the validity of this contract. The first obstacle is the impossibility of ownership of nonexistent. The second obstacle is that this type of sale is uncertain (<em>Bai' al-Gharar</em>). However, from an analytical point of view, neither of the said obstacles can impair the validity of this type of contract because both obstacles can be overcome. In French Civil Code, making commitments concerning a future property is explicitly authorized. In English law, the sale of future property, which is a type of unascertained property, is not known as a transfer, but as an agreement to transfer. In the Iranian legal system, the legislator has not addressed this subject through a general rule. However, belief in the accuracy can be improved through foundations governing the legal system and some sporadic legal texts including Article 842 of the Civil Code. This study is conducted by means of a descriptive-analytical method.https://csiw.qom.ac.ir/article_1870_6ed39799c0f4eb960ac5d62a21f5b96b.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321Positive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and FrancePositive Barriers to Judicial Justice in Islam and Criminal Law of Afghanistan and France183212194410.22091/csiw.2021.6127.1929FAAdelSarikhaniProfessor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom.0000-0002-0476-3473Sayed Haidar ShahMousaviPhD Student in Criminal Law and Criminology, Faculty of Law, University of Qom.Journal Article20201027Barriers to judicial justice are behaviors that interfere with the rights of individuals to equal access to the judiciary or the right of society to prosecute and punish criminals, and provide the basis for the lack of justice. For this reason, the Islamic political system has provided appropriate and comprehensive solutions for the realization of judicial justice and has pointed out the obstacles to its realization. In the penal laws of Afghanistan (Arts. 461-494) and France (Arts/ 434-1 to 434-30) respectively, a chapter has been devoted to these crimes. In this study, we seek to answer this question that what strategy has been adopted by the penal policies of Islam, Afghanistan and France in the face of the positive barriers to judicial justice? The findings of the research indicate that in general, the policy and practice of Islam is not fully compatible with the criminal laws of Afghanistan and France for the described crimes. Because, first, the criminalization of these actions has been, in general, without taking into account the fact that they are actions against judicial justice; second: some of the factors that impede the administration of judicial justice (No concealment of sexual offenses, Injustice and lack of specialization of judges), which are prohibited according to Islamic teachings, have not been criminalized and observed by the legislators of these countries. This article has been conducted through a descriptive-analytical method. While exploring the need to criminalize barriers to judicial justice, positive barriers to judicial justice such as failure to report crimes, threatening the victim of the crime not to file a complaint, elimination of the evidence of the crime and hiding the criminals are identified from the perspective of the criminal law of Afghanistan, France, and Islam. Finally, the performance of the legislators of these countries in dealing with this category of crimes has been criticized and studied.Barriers to judicial justice are behaviors that interfere with the rights of individuals to equal access to the judiciary or the right of society to prosecute and punish criminals, and provide the basis for the lack of justice. For this reason, the Islamic political system has provided appropriate and comprehensive solutions for the realization of judicial justice and has pointed out the obstacles to its realization. In the penal laws of Afghanistan (Arts. 461-494) and France (Arts/ 434-1 to 434-30) respectively, a chapter has been devoted to these crimes. In this study, we seek to answer this question that what strategy has been adopted by the penal policies of Islam, Afghanistan and France in the face of the positive barriers to judicial justice? The findings of the research indicate that in general, the policy and practice of Islam is not fully compatible with the criminal laws of Afghanistan and France for the described crimes. Because, first, the criminalization of these actions has been, in general, without taking into account the fact that they are actions against judicial justice; second: some of the factors that impede the administration of judicial justice (No concealment of sexual offenses, Injustice and lack of specialization of judges), which are prohibited according to Islamic teachings, have not been criminalized and observed by the legislators of these countries. This article has been conducted through a descriptive-analytical method. While exploring the need to criminalize barriers to judicial justice, positive barriers to judicial justice such as failure to report crimes, threatening the victim of the crime not to file a complaint, elimination of the evidence of the crime and hiding the criminals are identified from the perspective of the criminal law of Afghanistan, France, and Islam. Finally, the performance of the legislators of these countries in dealing with this category of crimes has been criticized and studied.https://csiw.qom.ac.ir/article_1944_45d89c0fb44e17fae8eb582a443d6dda.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321A Comparative Study on the Validity of Industrial Design Registration CertificatesA Comparative Study on the Validity of Industrial Design Registration Certificates213242214510.22091/csiw.2022.7922.2234FAZahraShakeriAssistant Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran.0000-0003-3880-1594ZahraBahadoriPh .D. in Private Law, Faculty of Law and Political Science, University of Tehran.Journal Article20220216In IP systems based on registration, industrial designs are protected by certifications issued by the registration authority. However, the performed examination by the registration authority vary on the scope and therefore the amounts of validity presumable for certificates do not follow the same rules. Unlike patents and trademarks registration systems, which have been extensively studied in many countries, from a very limited formal review to a detailed review at the request of the applicant has been observed, and the right to pre-registration protest has not been provided in many cases. These issues can create ambiguities about the scope of rights granted to the registrant and challenge the courts. Therefore, the present article, through a descriptive analytical method, concludes that the lack of substantive examination does not mean the invalidity of certificates issued, and in general, industrial design registration certificates have an exclusive right for the registrants as long as there is no objection, although in some national systems, industrial design certificates based on the declaration regime may not give the registrant a negative right.<br /> In IP systems based on registration, industrial designs are protected by certifications issued by the registration authority. However, the performed examination by the registration authority vary on the scope and therefore the amounts of validity presumable for certificates do not follow the same rules. Unlike patents and trademarks registration systems, which have been extensively studied in many countries, from a very limited formal review to a detailed review at the request of the applicant has been observed, and the right to pre-registration protest has not been provided in many cases. These issues can create ambiguities about the scope of rights granted to the registrant and challenge the courts. Therefore, the present article, through a descriptive analytical method, concludes that the lack of substantive examination does not mean the invalidity of certificates issued, and in general, industrial design registration certificates have an exclusive right for the registrants as long as there is no objection, although in some national systems, industrial design certificates based on the declaration regime may not give the registrant a negative right.<br /> https://csiw.qom.ac.ir/article_2145_763f17072f98ed967c5f4d03c2f8ca36.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321Capacities of the Islamic Republic of Iran’s Judiciary in Supporting the Victims of International Humanitarian Law Violations in the Yemen WarCapacities of the Islamic Republic of Iran’s Judiciary in Supporting the Victims of International Humanitarian Law Violations in the Yemen War243272219110.22091/csiw.2022.8000.2245FAMostafaFazaeliAssociate Professor, Department of International Law, Faculty of Law, University of Qom.nullMahnazRashidiAssistant Professor, Department of International Law, Faculty of Law, Islamic Azad University, Central Tehran Branch0000-0003-4675-5460Journal Article20220308The legal-political system of the Islamic Republic of Iran, which is based on the convergence of the Muslims in the world as a single nation (<em>ummah</em>) and is required by the Constitution to base its general policy on the coalition and unity of Islamic nations, is seeking to defend rights of all Muslims and support the rightful struggle of the oppressed against the arrogant everywhere in the world. The judiciary, as one of the high sovereign bodies in this system, is committed to observe these principles and general policies. This important issue has been appropriately emphasized in the Judicial Transformation Document announced in 2021 as legal support for the Resistance Front. Therefore, given the military intervention of the Saudi-led Arab states in Yemen and the violation of the rights of the Yemeni people as a result of ignoring the rules of human rights and humanitarian law, the main question that the present study, through a descriptive-analytic method, seeks to answer is that how can the judiciary of the Islamic Republic of Iran play a role in supporting the Muslims of this country? The result is that the gross violations of human rights and humanitarian law in Yemen are clear examples of war crimes regarding which the acceptance of the principle of universal jurisdiction in the Islamic Penal Code has enabled the judiciary with the capacity to prosecute the perpetrators of these crimes. However, the use of this capacity requires the amendment and enactment of domestic law as well as the use of structural facilities in the judiciary.The legal-political system of the Islamic Republic of Iran, which is based on the convergence of the Muslims in the world as a single nation (<em>ummah</em>) and is required by the Constitution to base its general policy on the coalition and unity of Islamic nations, is seeking to defend rights of all Muslims and support the rightful struggle of the oppressed against the arrogant everywhere in the world. The judiciary, as one of the high sovereign bodies in this system, is committed to observe these principles and general policies. This important issue has been appropriately emphasized in the Judicial Transformation Document announced in 2021 as legal support for the Resistance Front. Therefore, given the military intervention of the Saudi-led Arab states in Yemen and the violation of the rights of the Yemeni people as a result of ignoring the rules of human rights and humanitarian law, the main question that the present study, through a descriptive-analytic method, seeks to answer is that how can the judiciary of the Islamic Republic of Iran play a role in supporting the Muslims of this country? The result is that the gross violations of human rights and humanitarian law in Yemen are clear examples of war crimes regarding which the acceptance of the principle of universal jurisdiction in the Islamic Penal Code has enabled the judiciary with the capacity to prosecute the perpetrators of these crimes. However, the use of this capacity requires the amendment and enactment of domestic law as well as the use of structural facilities in the judiciary.https://csiw.qom.ac.ir/article_2191_8fbed08b307988028a1feb6816521dfb.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321Production and Use of Ballistic Missiles in International Law and the Defense Doctrine of the Islamic Republic of IranProduction and Use of Ballistic Missiles in International Law and the Defense Doctrine of the Islamic Republic of Iran273308219010.22091/csiw.2022.8025.2251FAGolamaliGhasemiAssociate Professor, Department of International Law, Faculty of Law, University of QomAbasIman EslamiyehPhD Student in Public International Law, Faculty of Law, University of Qom.Journal Article20220314Ballistic missiles as a sensitive and strategic capability, in addition to their winning role in hot war, have an essential role in peacetime and during cold war and are considered to be a determining factor in defense deterrence. The present research, through a library study, is an analytical paper to answer this fundamental question that what is the response of international law to this strategic weapon in accordance with the existing international principles and documents. Except for special cases, the production and use of this weapon is not prohibited from the perspective of international law, and all states, including the Islamic Republic of Iran (IRI), have the right to possess this weapon in order to ensure their security and self-defense. Examination and analysis of the security and defense doctrine of the IRI as well as the situation of rival and enemy states demonstrate that Iran's missile program has a deterrent and defensive aspect. Furthermore, taking into account all kinds of arms sanctions and political and economic pressures of world powers, it is inevitable and is not in contradiction with international obligations in this area.Ballistic missiles as a sensitive and strategic capability, in addition to their winning role in hot war, have an essential role in peacetime and during cold war and are considered to be a determining factor in defense deterrence. The present research, through a library study, is an analytical paper to answer this fundamental question that what is the response of international law to this strategic weapon in accordance with the existing international principles and documents. Except for special cases, the production and use of this weapon is not prohibited from the perspective of international law, and all states, including the Islamic Republic of Iran (IRI), have the right to possess this weapon in order to ensure their security and self-defense. Examination and analysis of the security and defense doctrine of the IRI as well as the situation of rival and enemy states demonstrate that Iran's missile program has a deterrent and defensive aspect. Furthermore, taking into account all kinds of arms sanctions and political and economic pressures of world powers, it is inevitable and is not in contradiction with international obligations in this area.https://csiw.qom.ac.ir/article_2190_d566ff9b0c3a0d44039c64a3a5f01f41.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321Foundations of Mandatory Vaccination and Its Sanctions in Iran and the West (With Emphasis On Covid-19)Foundations of Mandatory Vaccination and Its Sanctions in Iran and the West (With Emphasis On Covid-19)309338216910.22091/csiw.2022.7754.2217FAMohammad BagherMoghaddasiAssistant Professor, Department of Law, Faculty of Humanities, University of Bojnord .0000-0003-2239-8315ZahraAmeriAssistant Professor, Department of Law, Faculty of Humanities, University of Bojnord.AhmadKhosraviAssistant Professor, Department of Law, Faculty of Literature and Humanities, University of Birjand .Journal Article20220106Vaccination plays a significant role in fighting diseases especially during epidemics. With the spread of epidemics such as Covid-19, the debate over compulsory vaccination is largely get around whether the creation of a public good takes precedence over the individuals' freedoms? And in the case of the acceptance of compulsion, which mechanisms can be manipulated to ensure it? The results of this research, which has been conducted through a descriptive-analytical-comparativemethod, demonstrate that the opponents of mandatory vaccination, relying on the prohibition of violating the right to life due to side effects of the vaccine and violation of right to privacy as well as emphasizing the individuals' freedom of conscious choice, maintain that the duty of states is only to try to provide the facilities which save the lives of the individuals and not compel them to comply with these attempts. However, advocates of compulsory vaccination, while defending the concept of public health as a public good and its priority over the protection of individual rights, put emphasis on the collective nature of right to health and present a variety of criminal and administrative sanctions in order to force the vaccination. Many western countries have adopted policies within this requirement by diversifying their various administrative and financial sanctions. In Iran, however, the lack of a legal system to provide adequate administrative sanctions particularly in the area of deprivation of social rights and access to public services, as well as encouraging mechanisms, can be an obstacle to ensuring this public interest.Vaccination plays a significant role in fighting diseases especially during epidemics. With the spread of epidemics such as Covid-19, the debate over compulsory vaccination is largely get around whether the creation of a public good takes precedence over the individuals' freedoms? And in the case of the acceptance of compulsion, which mechanisms can be manipulated to ensure it? The results of this research, which has been conducted through a descriptive-analytical-comparativemethod, demonstrate that the opponents of mandatory vaccination, relying on the prohibition of violating the right to life due to side effects of the vaccine and violation of right to privacy as well as emphasizing the individuals' freedom of conscious choice, maintain that the duty of states is only to try to provide the facilities which save the lives of the individuals and not compel them to comply with these attempts. However, advocates of compulsory vaccination, while defending the concept of public health as a public good and its priority over the protection of individual rights, put emphasis on the collective nature of right to health and present a variety of criminal and administrative sanctions in order to force the vaccination. Many western countries have adopted policies within this requirement by diversifying their various administrative and financial sanctions. In Iran, however, the lack of a legal system to provide adequate administrative sanctions particularly in the area of deprivation of social rights and access to public services, as well as encouraging mechanisms, can be an obstacle to ensuring this public interest.https://csiw.qom.ac.ir/article_2169_4b2c8cd5cab916d6d902c60395bcc688.pdfUniverisity of QomComparative Studies on Islamic and Western Law2476-42139120220321A Feasibility Study of Employer`s Civil Liability Based upon Strict Liability in Iranian and Common LawA Feasibility Study of Employer`s Civil Liability Based upon Strict Liability in Iranian and Common Law339366197910.22091/csiw.2021.6776.2051FAMansourNosratiPh. D Student in Private Law, Islamic Azad University, Tabriz Branch.EsmaeilSaghiriAssistant Professor, Department of Private Law, Islamic Azad University, Tabriz Branch .HassanPashazadehAssistant Professor, Department of Private Law, Islamic Azad University, Tabriz Branch.AliGharibehAssistant Professor, Department of Private Law, Islamic Azad University, Tabriz Branch.Journal Article20210401Despite the predominance of the principle of personal responsibility, social necessities and demands of today’s societies have caused the legal systems in some cases to protect the rights of injured ones and those who commit damage while being unable to compensate for it, by considering other persons under whose protection and supervision the perpetrator has been liable. The clear example of this liability known as vicarious liability in Common law, is the employer’s civil liability for the actions of his employees, and the determination of genuine foundation of liability is an essential challenge in scope of civil liability and will be considered in this article. The different legislation of Article 12 of the Civil Liability Code has created several interpretations about the foundation of civil liability in Iranian law such as theories of assumed fault, the guarantee of right and the risk. Therefore, this article intends to identify initially the employer’s strict liability as a basis of governing to Common law referring to the policies such as attributability, economic analysis of civil liability, and loss-spreading and then, to introduce the strict or liability without fault as the foundation of governing to the employer`s civil liability in Iranian law through juridical bases arranged in the Civil Code and Islamic Penal Code such as theory of conventional invocation of damages and ambiguity resolution about Article 12 of the Civil Liability Code.Despite the predominance of the principle of personal responsibility, social necessities and demands of today’s societies have caused the legal systems in some cases to protect the rights of injured ones and those who commit damage while being unable to compensate for it, by considering other persons under whose protection and supervision the perpetrator has been liable. The clear example of this liability known as vicarious liability in Common law, is the employer’s civil liability for the actions of his employees, and the determination of genuine foundation of liability is an essential challenge in scope of civil liability and will be considered in this article. The different legislation of Article 12 of the Civil Liability Code has created several interpretations about the foundation of civil liability in Iranian law such as theories of assumed fault, the guarantee of right and the risk. Therefore, this article intends to identify initially the employer’s strict liability as a basis of governing to Common law referring to the policies such as attributability, economic analysis of civil liability, and loss-spreading and then, to introduce the strict or liability without fault as the foundation of governing to the employer`s civil liability in Iranian law through juridical bases arranged in the Civil Code and Islamic Penal Code such as theory of conventional invocation of damages and ambiguity resolution about Article 12 of the Civil Liability Code.https://csiw.qom.ac.ir/article_1979_a67eb18f7dc39e26abe72276a7421a56.pdf