https://www.ghazavat.org/ Judgment en daily 1 Wed, 21 Jan 2026 00:00:00 +0330 Wed, 21 Jan 2026 00:00:00 +0330 https://www.ghazavat.org/article_729292.html The separation of obligations into "alternative and optional" is one of the topics that, despite scientific explanations in legal writings, is rarely used in judicial decisions and has been forgotten in legal terminology. Although the authors limit the presentation of this type of obligations to a few repetitive examples, by considering rules and legal relations, several examples can be identified and illustrated for them. On the other hand, and considering that public law rules are inherently imperative, it is often thought that the separation of "alternative" and "optional" obligations is also less applicable in this area and this division should only be studied in the case of private relations of individuals. Nevertheless, regardless of the fact that in numerous regulations provide the right of legal choice and selection for the government and executive organizations vis-à-vis the opponent (and Sometimes on the contrary); Considering the dominance of private law thinking in the structure of the Iranian legal system, it seems that the judges of the Administrative Court of Justice, without using the mentioned words, have been affected by the implicit influence of these concepts in providing a legal basis for the relations between the state and citizens. In this regard, we can mention the possibility of “purchasing of obligation to work” in the “Legal Bill Amending Articles 7 and 8 of the Law on Providing Equipment and facilities for the Education of Iranian Children and Youth” that Its implementation has created various legal issues and has led to numerous complaints in the Administrative Court of Justice. The subject of this article is to study the Administrative Court of Justice’s jurisprudence regarding the nature obligation to work in this legal bill and the applicability of the concept of alternative or optional obligation.   https://www.ghazavat.org/article_729295.html A trick in a petition refers to the action of the petitioner using the capacity of formal rules to write a favorable petition in order to secure more benefits in the proceedings. Gaining profit does not imply violating the substantive and formal rights of the litigant. It is essential to understand the guarantees for the implementation of such tricks, as they can have a significant impact on the proceedings of lawsuits. The present study, employing a descriptive-analytical method, utilizing library-based data and an examination of judicial precedents, seeks to identify and analyze these legal effects. Changing the local jurisdiction of the court, expanding the jurisdiction of the lawsuit, finalizing the verdict at the initial stage, and converting the original verdict into a decision to reject the lawsuit at the appeal stage are among the main guarantees for the implementation of tricks in the petition. Essentially, these tricks are not the result of weaknesses in the law and should not be considered illegitimate or immoral acts; rather, the artistic use of formal rules, while observing the existential philosophy of these rules, can contribute to the development of civil procedure. https://www.ghazavat.org/article_729809.html Given that in government contracts governed by the 'General Conditions of Contract,' it is possible that the project may not be completed within the initial contract period, the extension, change of the duration, or renewal of the contract may be questioned. Pursuant to Article 30 of the General Conditions of Contract, titled "Change of Duration," the employer may only extend the contract by the amount of the contractor's authorized delays, the instances of which are enumerated in the ten cases listed in paragraph "A" of the mentioned article. Considering the title of the article and the possibility of both decreasing and increasing the duration, it is believed that the instances enumerated in this article pertain to changes in the contract duration and are different from the concept of extension. Also, in Article 30(A) (10) of the General Conditions of Contract, the employer is permitted, based on other circumstances which, in their own judgment, are beyond the contractor's fault, pursuant to paragraph (C) and at the end of the initial contract period, to extend or renew the contract. The main question is whether there is a difference between the concepts of "change of duration," "extension of duration," and "renewal of contract" in the General Conditions of Contract. Are the instances mentioned in Article 30 regarding extension, change, or renewal exhaustive? This research with a descriptive and analytical method, concludes that paragraph (C) of Article 30 implies no difference between the concepts of "change of duration" and "extension of duration." However, considering the formalities involved in entering into a new contract, this article cannot be interpreted as referring to the renewal of the contract. Although the legislator has attempted to enumerate the cases of contract extension, the existence of paragraph 10 of Article 30 has opened the way for the indefinite expansion of contract extension cases. Therefore, it is recommended that the legislator precisely limit the cases of contract extension. https://www.ghazavat.org/article_729810.html Sometimes, due to the actions of an employee, damage is inflicted on another party, raising the issue of their civil liability. This article analyzes the civil liability of government employees through a descriptive-analytical method by examining legal theories and judicial rulings. The review of legal theories indicates that no single theory can serve as the sole basis for the civil liability of government employees or the responsibility of the state. When an employee, while performing their duties, causes damage to a client due to negligence, they bear civil liability. However, if the damage is related to a deficiency in the administrative tools, the responsibility for compensation lies with the administration. Furthermore, holding an employee accountable can hinder their creativity, as fear of liability may prevent them from performing their duties correctly. Solely holding the state responsible can also lead employees to work carelessly. It is essential to distinguish between damages caused by employees' negligence and those arising from administrative negligence, attributing responsibility to the party whose fault caused the loss. The state is responsible for organizational deficiencies and weaknesses in its administrative structure, while the employee is accountable for their own negligence. In cases of gross negligence and when malice is established, responsibility should rest with the employee. However, in other cases, civil liability should be determined according to legal standards. In instances of loss, according to general civil liability rules, the employee is liable unless the loss results from deficiencies in government resources or if a cause stronger than that of the direct agent is present. Additionally, in cases where specific laws apply, we refer to and act according to those laws, such as the liability of judges who are personally liable in cases of intent or gross negligence that is treated as intent; otherwise, the public treasury compensates. One potential solution is to extend this principle to employees. https://www.ghazavat.org/article_729811.html Legal structure" is one of the most critical components in adjudicating civil claims, a domain which, in specific lawsuits, is in a state of disarray and lamentable condition. Litigation pertaining to the "legal bill concerning the removal of encroachment and compensation for damages incurred on properties", ratified on 17/12/1979, is among the cases for which no substantive effort has been made to analyze and delineate its legal structure. This article employs a novel methodology for the analytical description of its terms and phrases, and through an inductive analysis of judicial perspectives, deconstructs the constitutive elements of the cause of action into two categories: "basic conditions" and "procedural conditions". Based on the findings of this research, the following are identified as the fundamental pillars and substantive conditions of this provision: 1. Encroachment by the possessor/defendant upon the adjacent property ; 2.absence of intent in the encroachment 3. Existence of good faith on the part of the possessor; 4. Proof of the possessor's lack of knowledge regarding the encroachment; 5. Minor damages to the owner of the encroached-upon land. Conversely, the following conditions complement the aforementioned pillars and serve as subsidiary or procedural conditions that bring the adjudicative process to its conclusion: 1. The legal transformation of the claim and the constructive loss of the encroached portion; 2. Referral to expert appraisal for the determination of value, general damages, and diminution in value; 3. Verification of the priority of payment issuance, as a prerequisite for ruling on price and damages; 4. Adjudication of title documents. Finally, to aid in the comprehensive identification of the path to claim resolution, a "mental map" of the litigation process is provided. https://www.ghazavat.org/article_734379.html The basis for claiming damages for late payment under the Check Issuance Law is not much different from the general rule stipulated in Article 522 of the Code of Civil Procedure, and contrary to the opinion stated in the unanimous decision 812 of 1400, the claim of the check holder is a condition for the realization of the aforementioned damages. The aforementioned unanimous decision has two important objections: First, it conflicts with Article 304 of the Commercial Code, which explicitly determines the origin of damages for late payment of the principal of the claim as the time of the objection or the demand itself. Second, the lack of attention to the changes of 2003 and the subsequent use of the ambiguous phrase "date of check" which can include: the date of issuance, the date stated in the document, and the date of demand, has caused other ambiguities. Since, according to the aforementioned amended law, the holder has no right to claim before the date specified in the check, it should be said that the date stated in the check only indicates the right to claim, not the claim itself. Therefore, in accordance with the Commercial Code, the time of issuing the certificate of non-payment is the basis for initiating damages for late payment of a non-deliverable check.  https://www.ghazavat.org/article_734380.html Translation is a bridge between people from different territories. Therefore, there is no doubt about the importance of this phenomenon. Different knowledges view the subject of translation from different perspectives and seek to develop it. Law also protects translation in the copyright system as one of the exclusive rights of the author of the work being translated and a derivative work that carries rights for the translator. In this regard, authors of literary works are granted the right to translate to the desired language or to license translators to create a translated work. Laws of Iran has also paid attention to the issue of translation. First, in 1969, Protection of the Authors, Composers‚ and Artists Rights Act was passed, and then in 1973, Translation and Reproduction of Books, Publications and Audio Works Act was passed, both of which have regulations regarding translation. The provisions of these two laws are not exactly the same, and this, according to some views, has led to the duality of regulations regarding the manner and legal basis of protecting translation. Therefore, in this research, we seek to examine the legal system of translation as the exclusive right of the author of the work being translated and translation as a work in Laws of Iran. By studying library resources and using a descriptive-analytical method, we come to the conclusion that the 1969 Act is a general law in the field of translation right and translated work, and the 1972 Act does not have much new provisions regarding translation right and contains incomplete provisions regarding translated work, and this law only protects translated works in specific cases where the 1969 Act does not protect them. Therefore, the duality of the provisions of these Acts does not cause them to conflict in practice.  https://www.ghazavat.org/article_734381.html Article 280 of the Iranian Code of Criminal Procedure (2014) adopts an innovative approach by obliging the trial court to convert criminal charges whenever the previously determined accusation proves to be incorrect. Conversely, during the prosecutorial stage, the determination of criminal charges initially lies within the competence of the prosecuting and investigating authorities, who may modify it until the completion of the preliminary investigation. Using a descriptive–analytical method and based on library research, this study examines the legal scope and implications of determining and converting criminal charges by judicial authorities at different stages of criminal proceedings. The findings indicate that the extent of judicial duty in this area varies according to the procedural stage: while at the prosecution stage, determination of the charge constitutes the initial legal characterization of the act, at the trial stage, converting the charge involves revision or correction of that earlier characterization. Converting the charge, whether from a lesser to a more severe offense or vice versa, may serve the realization of judicial justice and prevent erroneous judgments; however, it can simultaneously endanger the accused’s right of defense due to the omission or weakening of certain procedural safeguards. Moreover, although the legislature’s purpose in establishing this mechanism was to prevent prolongation of proceedings, in practice, the requirement of re-notification of charges and obtaining new defenses may itself extend the duration of adjudication.  https://www.ghazavat.org/article_734382.html Climate litigation is a dynamic solution to combat greenhouse gas emissions. Although the green litigation mechanism has its roots in the countries of the global North, today it is a common mechanism for combating carbon emissions even in the countries of the global South, and its scope extends from the "International Court of Justice in The Hague, Netherlands" to the "Lahore High Court in Pakistan". This study, using a "descriptive-analytical" method, seeks to examine how the spread of climate litigation leads to the modification of energy production and consumption patterns. The results of the study show that the spread of climate litigation against greenhouse gas emitters has faced governments and the world's largest fossil fuel companies with a fateful choice: the green transition. Otherwise, they will increasingly find themselves involved in climate litigation. The research findings indicate that climate lawsuits, by targeting large carbon emitters, have accelerated the energy transition (transition from fossil fuels to clean energy sources), and the decisions issued in these cases, due to their persuasive power and evidentiary power, can be influential and decisive in changing and correcting undesirable patterns of energy production and consumption.  https://www.ghazavat.org/article_734383.html The Iranian law with enacting "The Law on Compulsory Registration of Immovable Property Transactions (2024)" has effectively overlooked the rights of stakeholders lacking official deeds by granting exclusive validity to official documents and providing extreme protection to the official deed holder. In contrast, English land law has succeeded in creating a relatively balanced model between the rights of the registered proprietor and other stakeholders, offering efficient mechanisms to equilibrate these rights. While analyzing these mechanisms and examining their adaptability with Fiqh jurisprudential foundations and Iranian legal frameworks, this research provides several key proposals: Firstly, the Law on Compulsory Registration should not render evidence related to unofficial documents entirely inadmissible or limit remedies solely to the restitution of considerations. Rather, it is appropriate that evidence pertaining to ordinary transactions remains invocable between the contracting parties, while remaining non-invocable against third parties. Secondly, the absolute validity of official deeds over ordinary documents lacks a defensible basis in both Imami jurisprudence and comparative studies. It is recommended that the legislature grant absolute validity to official deeds only in cases where the registered owner is in actual possession of the property. Thirdly, given the special status granted to official deeds, the legislature could—in specific instances—protect the interests of other stakeholders who have been deprived of official registration but are deemed entitled to a share of the property by conscience and ethics. This could be achieved by creating new "in rem" rights (proprietary rights) that can be enforced against the official owner.   https://www.ghazavat.org/article_734384.html The expansion of cyberspace and the removal of geographical restrictions have made it possible to establish communication in the shortest possible time and have attracted a wide range of users. Despite these advantages, challenges have also emerged in this area that have led governments to increase surveillance, criminalize, and restrict behaviors that threaten public interests. One of the serious challenges of cyberspace is the incitement of vulnerable individuals, especially children and adolescents, to commit suicide; a phenomenon that, in addition to endangering the individual's life, causes irreparable mental and physical harm to those around them and deprives society of future human capital. Success in confronting this phenomenon through criminalization requires choosing the principles that are most consistent with the views of the government and social norms. In this regard, the present study examines the principles of criminology in three social, political, and legal dimensions using a descriptive-analytical method. These principles include the principle of harm, social acceptability, and public resentment in the social dimension, the principles of legal patriarchy and expediency in the political dimension, and the protection of legal morality, privacy, the minimal nature of criminal titles, and the coordination of cyberspace laws with international approaches in the legal dimension.  https://www.ghazavat.org/article_734385.html Distributive justice constitutes a fundamental pillar of political and social theories, examining the modalities for the equitable allocation of scarce resources and social opportunities within institutional structures. Despite its theoretical connections to legal philosophy, its role in justifying the intellectual property system has been underexplored and frequently marginalized. Adopting an interdisciplinary approach, this study investigates whether the principles of distributive justice are reflected in the architecture of this legal regime. Findings indicate that while early legislative practices in this domain were influenced by distributive considerations, the subsequent trajectory of developments has been dominated by an economic discourse centered on efficiency-based criteria. Nevertheless, distributive justice, as a normative framework, tempers excessively proprietarian approaches through mechanisms such as exceptions and limitations to exclusive rights. The existing literature presents two primary interpretations of this relationship: an externalist approach, which views distributive justice as a factor conflicting with the intrinsic values of the intellectual property system, and an internalist approach, which perceives the internal mechanisms of intellectual property norms as instrumental in achieving it. Critiquing this dichotomy, the present study proposes a dialectical model wherein policymakers, through an analytical approach, modulate laws along a spectrum between these two poles. The hallmarks of this model include ensuring non-discriminatory access to knowledge, the equitable distribution of economic benefits, striking a balance between public and private interests, and formulating targeted exceptions for the exploitation of intellectual works. The study concludes that, contrary to national, economistic discourses, recent instruments of the World Intellectual Property Organization (WIPO) have explicitly recognized distributive justice as one of the principal objectives of this legal system, signaling a fundamental transformation in global intellectual property governance.  https://www.ghazavat.org/article_734411.html According to the second part of Article 23 of the Civil Procedure Law, lawsuits related to the branch of the company are filed in the court of the branch. The ruling of this part in the sense that it is related to contractual claims related to the branch or non-contractual claims or both categories, and that regarding contractual claims related to the branch, it negates the jurisdiction of the place where the contract took place and the place or places of execution of the contract, or no, it is a place for discussion and contemplation. The position of this part in Article 23 and following the first part of that article which is related to the contractual claims of the company and also the use of the words "obligations" and "transaction" in it, leads the mind to the contractual claims related to the branch and the word "Should" also appear in the exclusive jurisdiction of the court of the branch and negate the jurisdiction of the court of the place of contract and the place or places of execution of the contract. This is despite the fact that the context of the phrase indicates that it is auxiliary, facilitating and developmental, but the mentioned items indicate a restrictive, irrational and unacceptable meaning. The legislator in Article 25 of Civil Procedure Law also, in an incomplete statement, he repeated the wording of the note of Article 4 of the Civil Registration Law and refused to quote the text of the mentioned article. This situation has caused ambiguities and opposing opinions. Investigations show that the action of the legislator in the provision of Article 25 of Civil Procedure Law It is only for the purpose of aggregating the provisions related to jurisdiction and not negating The rule of the text of Article 4 of the Civil Registration Law, but the legislator has been careless in transferring the rule of Article 4 of the Civil Registration Law to article 25 of Civil Procedure Law. https://www.ghazavat.org/article_734699.html Juvenile courts play a pivotal role in shaping the future societal outcomes of a nation, given that children and adolescents represent its most valuable asset. The complexity of juvenile delinquency arises from a convergence of social, economic, and psychological factors. When young individuals encounter barriers to social opportunities and experience restricted access to resources, they may be drawn into behaviors that violate societal norms. Recognizing that criminal behavior in youth is not solely the result of personal shortcomings but also arises from unequal social conditions, lawmakers and justice practitioners have sought to create frameworks that balance public safety with the developmental needs of young offenders. In Iran, this balance has been pursued through specialized legislation and judicial structures aimed at addressing juvenile offenses more flexibly and rehabilitatively than traditional criminal courts. The 2013 Code of Criminal Procedure introduced several provisions related to juvenile adjudication, signifying a step toward specialized processes. However, the status of juvenile courts within the broader judicial hierarchy remains contested: some view these courts as separate entities wielding an exclusive jurisdiction, while others argue that they function simply as specialized branches within the existing criminal court system. This extended abstract focuses on exploring the legal and practical implications of these competing interpretations, examining how the classification of juvenile courts affects procedural fairness, judicial efficiency, and the welfare of young defendants