https://www.jble.ir/ Encyclopedia of business law and economics en daily 1 Sat, 23 Aug 2025 00:00:00 +0330 Sat, 23 Aug 2025 00:00:00 +0330 https://www.jble.ir/article_232279.html Endowment is the retention of real property and the realization of its benefits for the intentions of the donor and charitable affairs. The basic condition for the validity of a endowment is the “objectivity and viability of the endowed property.” Shares are a document or document that indicates a person’s ownership in a joint-stock company. The share certificate itself has credit value, but its real asset is part of the company’s capital. Although shares are inherently financial credit, they can be endowed as a representative of part of the company’s tangible assets. Iranian legal practice is inclined towards accepting this type of endowment. This satisfies the condition of the permanence of the object in the endowment. The endowment of shares requires the preparation of an official document and the transfer of ownership to the donee or the trustee. Receipt can be made by registering changes in the company’s stock books or the stock exchange system. The principle is that endowment shares can no longer be bought and sold except in exceptional cases (such as a change for the best interest of the endowment with the permission of the Sharia ruler or the Endowment Organization). In addition, it should be noted that existing laws do not explicitly address the endowment of securities; special provisions need to be included in the Endowment Law or the Stock Exchange. https://www.jble.ir/article_232658.html Conflict of laws is one of the most complex issues in international law, which is most evident in family relationships between people from different countries.This issue becomes particularly important when both parties in an international relationship are subject to different legal systems.One of the main issues that faces many challenges in this field is dowry,which is recognized as a legal right for women in Iran,but in many Western countries, including the United States,it is treated with a fundamentally different concept.The main purpose of this research is to analyze the conflict of dowry laws in the legal systems of Iran and the United States.The research method is descriptive-analytical in terms of purpose,application,and method.By referring to various sources, using the tool of record-keeping, the relevant materials were collected and then described and explained the subject. The findings show that dowry is officially recognized in Iranian law, while in the American legal system it is not precisely defined, but rather premarital financial agreements are more common in this country. A foreign court ruling is enforceable in the courts of these two countries when the law governing the nature of the dispute does not conflict with the public order of these two countries. Otherwise,its enforcement will be refused.Since divorce laws in the United States are different, it is expected that each state will apply its own laws in the conflict of laws issue regarding dowry in the United States.Accordingly, the enforcement of dowry in American courts is complicated and to some extent impossible. https://www.jble.ir/article_232660.html AbstractWith the expansion of the used and stock goods market in modern economies, the need for legal protection for consumers in this area is increasingly felt. Stock goods pose specific challenges in contractual relations between the seller and the buyer due to characteristics such as history of use, possibility of defects, and lack of transparency in technical condition. This study, using a comparative approach, examines the regulations, institutions, and legal culture of consumer protection in the two legal systems of Iran and the United States. The findings of the study show that both systems have accepted principles such as honesty, transparency, contractual liability, and compensation for damages, but there are significant differences in implementation. In Iran, the weakness in formulating specific regulations for stock goods, the lack of a specialized regulatory body, and the low level of public awareness have caused practical protection for consumers to be at a lower level than desired. In contrast, the United States has been able to create a trust-building environment in the used goods market by utilizing technical standards, legal guarantees, and alternative dispute resolution mechanisms. The present study, through a comparative analysis of the regulations and institutions of the two countries, provides suggestions for reforming the legal structure, strengthening executive institutions, and promoting consumer legal culture in Iran. https://www.jble.ir/article_232659.html With the expansion of e-commerce in Iran, a new competitive environment has been formed among digital businesses in which unfair and deceptive behaviors, as emerging challenges, threaten the health of the market and consumer rights. Deceptive competition in this context includes a range of deceptive actions such as misleading advertising, damaging competitors' brands, unfair exploitation of user data, and deceptive pricing, which often occur in a legal vacuum and weak institutional supervision. The purpose of this research is to examine the legal, institutional, and executive dimensions of deceptive competition in Iranian e-commerce and to provide an analytical framework for recognizing and combating them. The research method is descriptive-analytical and uses library resources, legal documents, comparative studies, and case analysis of the behavior of Iranian platforms. The research findings show that the existing laws in Iran are mainly designed for traditional markets and have shown their inefficiency in the face of the complexities of the digital space. Also, executive institutions such as the FATA Police, the E-Commerce Development Center, and the Competition Council, despite their key roles, lack the coordination and technical tools necessary to effectively deal with unfair competition. Analysis of the behavior of Iranian platforms also showed that some companies, using complex algorithms and big data, engage in behaviors that are examples of unhealthy competition. As a result, dealing with unfair competition in Iranian e-commerce requires amending laws, strengthening regulatory institutions, developing technical infrastructure, and promoting a culture of healthy competition. https://www.jble.ir/article_232661.html The statute of limitations is one of the important issues of criminal procedure and criminal law, which was accepted for the first time in Iran after the revolution in Articles 173 and 174 of the Criminal Procedure Code approved in 1999 and the Penal Code approved in 2013. In terms of the different stages of a criminal case, it can be divided as follows: the statute of limitations for complaint and prosecution, the statute of limitations for trial and prosecution of a crime, and the statute of limitations for execution of sentence and punishment. Article 29 of the Statute of the International Criminal Court stipulates that crimes that are within the jurisdiction of the Court shall not be subject to the statute of limitations, which include: genocide, crimes against humanity, war crimes, and crimes of aggression. The statute of limitations in the Islamic Penal Code and the Statutes of the International Criminal Court have differences and similarities that have not been mentioned in the research conducted so far, so the present issue can be of great importance. https://www.jble.ir/article_233079.html One of the demands of property owners is the legal registration of their property. In recent years, new laws regarding the registration of real estate have been enacted and implemented. One of the tools that significantly reassures buyers is the ownership deed. Considering the high number of legal disputes related to real estate, as well as the occurrence of various crimes and frauds, buying, selling, mortgaging, and renting, and the need to create a transparent framework for the transfer and registration of properties, the Law on the Obligation of Official Registration of Transactions was approved. However, this law has faced legal and non-legal challenges during its implementation. This research examines the advantages, implementation problems, enforcement guarantees, and objectives of this law. The study was conducted through library research using articles, website reviews, and other sources. The findings show that according to the law, documents related to contracts concerning real estate and related rights must be registered in notary offices and registration departments. The purpose of implementing this law is to organize transfers arising from transactions with informal documents, regulate real estate brokers, facilitate the monitoring of immovable properties and transactions by the authorities, reduce related legal disputes, and clarify the buying and selling of real estate. Additionally, restoring real estate brokers to their legal and inherent roles is also one of the goals of this law. https://www.jble.ir/article_234084.html Shell companies are entities that exist solely on paper and lack real operations, offices, or employees, yet may possess bank accounts,tangible and intangible assets or even intellectual property.These companies effectively serve as cover mechanisms to conceal the illicit activities of groups or individual legal and natural persons,facilitating crimes such as tax evasion,money laundering, fraud, and illicit acquisition of assets.The present study, conducted using a descriptive-analytical method and relying on library-based data, examines the criminal foundations and legal consequences of fraudulent conduct through shell companies under Iranian law. The findings indicate that one of the primary motives for establishing shell companies is tax evasion and concealing economic activities.Additionally, these companies contribute to tax injustice and disruption of the economic system by selling fake invoices or tax identification numbers to other economic actors.From a criminal law perspective,conduct carried out under the guise of shell companies may constitute offenses such as forgery,fraud in transactions, illicit acquisition of assets, and participation in economic disruption.Furthermore, some individuals exploit the legal capacity of shell companies to minimize their legal obligations or obtain bank facilities without real financial backing.The results of this study suggest that legal gaps and weak registration oversight are the main factors contributing to the proliferation of shell companies.The study emphasizes the necessity of reforming company registration laws, integrating supervisory systems, ensuring transparency in financial processes and criminalizing the formation and use of shell companies to prevent the spread of economic crimes under the cover of these entities. https://www.jble.ir/article_234086.html Maritime transport contracts, as one of the most complex and specialized branches of international trade law, are based on precise agreements and mutual obligations between the carrier, the shipper, and the consignee. In this context, express and implied terms play a fundamental role in defining the scope of parties’ responsibilities, obligations, and rights. An express term refers to agreements explicitly and formally included in the contract, whereas an implied term is derived from circumstances, trade customs, or the inherent nature of the contract. In Iranian domestic law, the analysis of these terms relies on general principles of contracts, the 1964 Maritime Code, and customary practices in maritime trade. In contrast, international instruments such as the Hague Rules (1924), Hamburg Rules (1978), and Rotterdam Rules (2008) provide a more comprehensive and harmonized framework for regulating the obligations and liabilities of carriers. Comparative study shows that international law tends to restrict implied terms through standardization of carrier obligations, while Iranian domestic law adopts a more flexible approach, considering trade customs and the specific conditions of each contract. This analytical-comparative study examines the position, effects, and scope of validity of express and implied terms in maritime transport contracts, ultimately emphasizing the necessity of aligning Iran’s legal system more closely with international standards to ensure legal and commercial certainty. https://www.jble.ir/article_234440.html Advertising is one of the categories that can be concluded under the title of an (advertising) contract between two people and creates liability for the parties to the contract. If the provisions of the advertising contract are untrue or conflict with customary standards, it creates liability for the advertising company that widely publishes the advertisement. In fact, one of the ways to provide information to the consumer is advertising. Sometimes this advertising is false and the consumer eventually finds out that the purchased product does not comply with the definition and advertisements; and it leads to deception of the audience and ultimately losses to him, and this not only causes liability for the owners of the product advertisement; Rather, advertising media will also be responsible to the consumer. Considering the above, the main question that comes to mind during this research is what is the civil liability arising from advertising contracts in the Iranian legal system? The findings of the research, using the descriptive-analytical collection method, indicate that civil liability arising from advertising contracts in the Iranian legal system is based on the principle of no harm and liability based on fault, and compensation for damages is envisaged for the injured party. https://www.jble.ir/article_234668.html today , with the development of industrial activities and degradation of natural resources , environmental pollution has become one of the most serious challenges facing human societies .this problem not only threatens public health but also harms natural ecosystems and exposes social capital to danger .also , responsibility and ways to compensate the environmental damage has become one of the significant and significant issues .in the legal and jurisprudential system of iran , the guarantee mechanism is known as a tool to compensate the damage caused by harmful actions .however , due to gradual and impersonal characteristics of environmental damage , traditional guarantee mechanisms require conceptual and operational reforms .in this context , insurance industry can play a complementary role of guarantee ; in particular , risk transfer , financial compensation , damage compensation and strengthening responsibility are the most important functions of this tool in the face of environmental pollution .at the global level , specialized environmental insurances have been used in molds such as insurance liability insurance , insurance costs insurance , pollution contractors insurance and hazardous materials transportation .but in iran , despite the existence of appropriate legal capacities , the necessary infrastructure to develop this type of insurance is still not fully provided .factors such as lack of comprehensive rules , weaknesses of insurance culture , lack of professional codes and technical constraints of insurance companies are main obstacles to progress in this field .the present study has tried to provide a comprehensive model for structural creation by examining legal and juridical principles of liability in relation to environmental pollutions and also analysis of insurance role in management and compensation of such damages .research findings show that to achieve environmental justice. https://www.jble.ir/article_234674.html the right to privacy is one of the most important issues in human rights in all societies that islamic teachings emphasize on it .criminal protection of privacy is limited to the actions and features of any person who is not publicly revealed or he is unwilling to disclose .people do not take any entry or supervision of others on this space and respond to unauthorized entry … the privacy is by nature so that we can 't define a single definition for it .the fact is that acceptance or presenting a definition of this right to the wrong limits of scope and scope of it will take place .criminal protection of privacy may vary from community to community and from time to time .however , this fact has not caused scholars and scholars to stop or even oppose privacy .among the various definitions of privacy , the definition that is more appropriate is defined as follows: the scope of person 's life determined by law or custom so that the interference of others in this area can lead to his moral or moral damages . ~~~ in other words , his feelings and contempt for others can be prevented .privacy in legal claims , especially in the field of personal information and communication , is very important .this privacy can be affected by various stages of a legal system ( such as collecting evidence , information inquiry , or review of documents and it is necessary to observe and observe the criminal proceedings as a vital element in criminal proceedings .respecting privacy of persons , especially in the criminal procedure , is essential to ensure fair trial and prevent misuse of public power. https://www.jble.ir/article_234792.html Real estate transactions are among the most common types of contracts in private law, and real estate agents play a critical role in facilitating and drafting these transactions. This article aims to analyze the foundations and scope of civil liability of real estate agents in drafting and executing sale and lease contracts. The study employs a legal–comparative analysis method, examining jurisprudential, statutory, and comparative sources. Findings indicate that the liability of real estate agents can be invoked under both contractual and tortious frameworks; however, the boundary between these two areas remains unclear in Iranian law and judicial practice. Weak legal training, the absence of an effective supervisory system, and lack of professional liability insurance are key factors contributing to disputes. The article recommends legal reforms, professional insurance, and specialized training to enhance transparency and legal security in real estate transactions.