Legal Studies in Digital Age

Legislative Criminal Policy in the Prevention of Road and Urban Development Crimes in Iran

Ehsan Amirkhani

; Yazdan Nosrati *

; Masoud Ghasemi

This article examines Iran’s legislative criminal policy in the fields of transport, urban development, and land management, with particular emphasis on its preventive and regulatory dimensions. It explores how fragmented and reactive legislation has limited the effectiveness of crime prevention in key sectors such as intercity road safety, illegal construction, and land grabbing. The study identifies major gaps in legal coherence, enforcement capacity, and institutional coordination, while highlighting areas of progress such as the 2013 Comprehensive Cadastre Law and the integration of digital monitoring systems. By analyzing the theoretical foundations, historical evolution, and practical implications of Iran’s legislative criminal policy, the article argues that modernization requires a shift from punitive deterrence to proactive prevention. Technological instruments such as smart surveillance, GPS tracking, and big data analytics offer promising tools for reducing crime and improving transparency, but their success depends on clear legal frameworks governing privacy, accountability, and data governance. The findings emphasize the need for comprehensive codification of criminal provisions, the adoption of restorative and alternative sanctions, and the strengthening of inter-institutional collaboration among legislative, judicial, and executive bodies. The article concludes that Iran’s criminal policy can achieve greater coherence and public trust by embracing integrated governance, preventive technology, and principled legislative reform aligned with international standards of legality, proportionality, and justice.

Legal Principles Governing Partnership Agreements

Ahmad Amjadi shayegh

; Eisa Amini *

; Alireza Mohammadbeyki

A partnership agreement is a contract in which two or more individuals agree to share their financial resources, expertise, and responsibilities to initiate or continue a joint business venture. In this type of contract, each partner is committed to their respective share of the profits and losses of the business and jointly assumes management and decision-making responsibilities. Under Iranian law, partnerships can take various forms, such as civil partnerships and commercial partnerships, each of which is subject to specific legal provisions. In this context, the sharing economy, as a manifestation of transformation in the contemporary economic system, has provided a framework in which natural persons deliver goods and services through digital platforms. These developments have challenged the traditional structuring of contractual relationships and require reconsideration within existing legal frameworks. One of the most significant manifestations of this transformation is the formation of decentralized distribution networks and novel contracts characterized by reciprocity, vertical structure, adhesion, and, in some cases, exclusivity. This article adopts a descriptive approach to examine the legal principles governing partnership agreements.

Metaverse and Civil Liability Arising from Intellectual Property Infringement

Tahereh Sefidian

; Mahshid Sadat Tabatabaei *

The metaverse, as a three-dimensional and interactive virtual environment, has created a remarkable transformation in digital technologies and provided a platform for economic, social, and cultural activities. With the expansion of this space, the issue of intellectual property rights and the civil liability arising from their infringement has become one of the major legal challenges. This article examines the foundations of civil liability in the metaverse and compares them with existing legal principles to analyze how intellectual property laws and compensation mechanisms can be applied within this environment. The findings of the study indicate that the decentralized, transnational, and anonymous nature of users in the metaverse makes it difficult to pursue intellectual property violations. Intellectual property rights in the metaverse encompass copyright, trademarks, patents, and industrial designs, all of which can be easily infringed due to the rapid copyability and modifiability of digital content. The main challenges in this regard include a lack of legal transparency, difficulty in identifying offenders, determining judicial jurisdiction in cross-border contexts, and the liability of hosting platforms. To address these challenges, several solutions are proposed, including the development of specific metaverse regulations, the use of blockchain technology for registering ownership of digital works, the establishment of artificial intelligence–based monitoring systems, and user education programs.

Assessment of the Extent of Property Rights Protection in Iran Based on the IPRI Index: A Comparative and Economic Study

Mohammad Javad Ramezani Boroujeni

; Ali Radan Jabali *

; Hasan Paktinat

Property rights constitute one of the fundamental pillars of legal and economic systems, exerting a direct impact on economic growth, investment attraction, and sustainable development. This study examines the status of property rights in Iran by analyzing its position in the International Property Rights Index (IPRI) and providing a comparative evaluation with both developed and peer countries. The findings reveal that Iran does not occupy a favorable position in this index, and factors such as weak enforcement of laws, lack of transparency, administrative corruption, and excessive government intervention have hindered improvements in the protection of property rights within the country. An examination of other countries’ experiences indicates that legal reforms, enhancement of the legal environment, and greater protection of intellectual and physical property rights can significantly improve the IPRI score and increase investment security. Accordingly, the study proposes measures including reforming related laws and institutions, strengthening transparency and reducing corruption, and enhancing the roles of both government and the private sector in safeguarding property rights. Implementing these strategies can improve Iran’s standing in the IPRI index, stimulate domestic and foreign investment, and ultimately foster sustainable economic growth.

Barriers to the Development of Nurses’ Professional Liability Insurance

Fariba Motamedi

; Hadi Naeimi *

; Alireza Navariyan

According to Article 1 of the Civil Liability Law, anyone who, without legal authorization, intentionally or through negligence, causes harm to the life, health, property, freedom, dignity, commercial reputation, or any other legally recognized right of another person, resulting in material or moral damage, is liable to compensate for the loss arising from their action. The idea of establishing a specific compensation system for damages occurring in hospitals and clinics emerged when the solutions proposed by legal doctrines and judicial precedents for compensating such damages failed to resolve the issue completely. Today, medical service insurance policies in developed countries have become increasingly specialized, and insurance companies cover only those losses explicitly stated in the policy. Medical professionals, therefore, are often required to obtain multiple liability insurance policies to achieve comprehensive coverage of their professional responsibilities. This review article attempts to address issues related to nurses’ professional negligence, professional liability insurance, and its objectives and barriers. The research method is based on a library study and searches conducted on databases such as Google Scholar, PubMed, and SID, using keywords including professional liability insurance, nursing negligence, and objectives of liability insurance. The findings of the study indicate that the occurrence of errors in healthcare systems is inevitable. Despite significant scientific advancements in diagnostic and therapeutic services, the rate of malpractice complaints continues to rise. Therefore, acquiring precise knowledge about nursing liability is essential for reducing patient damages and enhancing the sense of security among healthcare personnel.

Critical Analysis and New Solutions to the Jurisdictional Boundaries of the Administrative Justice Court Considering the Evolution of Administrative Justice Principles in Judicial Procedure

Khairollah Ansari

; Abdolreza Barzegar *

; Iraj Hosseini Sadrabad

In recent years, the principles of administrative justice have undergone fundamental transformations in the judicial practice of the Administrative Justice Court—developments that have directly influenced the determination of the Court’s jurisdictional boundaries and the procedures for handling administrative disputes. The purpose of this study is to critically examine the process of formation and evolution of these boundaries, with particular emphasis on emerging principles of administrative justice, in order to identify existing deficiencies and propose solutions aimed at enhancing the Court’s performance and procedural efficiency. The research employs a descriptive–analytical method, and data were primarily gathered through document analysis, review of significant judicial decisions, comparative examination of procedural trends, and consultation of authoritative legal sources. The findings indicate that, despite the relative expansion of the Court’s jurisdiction in accordance with new standards of administrative justice, ambiguities and weaknesses remain in defining the limits of jurisdiction, recognizing individuals’ vested rights, and establishing effective compensation mechanisms. Drawing on the experience of advanced legal systems and implementing legislative reforms, the Court’s role in ensuring administrative justice can be strengthened and its efficiency improved.

Jurisprudential and Legal Analysis of the Challenges of Electronic Contracts in the Oil and Gas Industry with Emphasis on the Essential Elements of Contract Validity in Imami Jurisprudence

Ali Nazouri Khorasgani

; Mohammad Ali Heidari *

; Ahmadreza Tavakoli

The emergence of electronic contracts as an innovation within the digital economy has brought about a profound transformation in the methods of contract formation, execution, and supervision of legal obligations. This transformation—particularly in fields such as the oil and gas industry, which are intertwined with public resources, national rights, and international relations—necessitates new jurisprudential and legal considerations. The validity and legitimacy of electronic contracts in this domain, from the perspective of Imami jurisprudence, depend on the realization of conditions such as valid offer and acceptance, intent and consent, capacity of the parties, knowledge of the exchanged considerations, and the legitimacy of the contractual purpose—conditions that encounter specific challenges within the digital context. This study, employing a descriptive-analytical approach and based on jurisprudential and legal sources, examines these challenges in four main dimensions. Subsequently, by invoking jurisprudential principles such as sovereignty (salṭanat), validity (ṣiḥḥa), no harm (lā ḍarar), presumption of apparent meaning (ḥujjiyyat al-ẓāhir), and binding nature of conditions (al-mu’minūn ʿinda shurūṭihim), it proposes ijtihādī (interpretative) solutions to establish the credibility of such contracts. The findings reveal that Imami jurisprudence, by utilizing its methodological flexibility and the capacities of governmental jurisprudence, is capable of adapting to modern contractual frameworks, provided that the essential elements of the contract are properly fulfilled within technological environments and that religious and governmental oversight over the protection of public interests is continuously maintained.

The Jurisprudential and Legal Status of Benevolent Sale (Bayʿ al-Muḥābātī) in Sales Below the Fair Market Value in Islamic Jurisprudence

Somayeh Filli

; Seyed Mohammad Taghi Karimpour Alehashem *

; Fakhrolah Molei Kandelus

The benevolent sale (Bayʿ al-Muḥābātī) is one of the forms of sale contracts recognized in Islamic jurisprudence and civil law, in which the seller transfers a commodity or property to the buyer at a price significantly lower than its real or customary market value. In such transactions, the seller’s intention is often driven more by affection, personal attachment, or non-financial considerations than by commercial motives. This type of sale commonly occurs within familial or friendly relationships and may serve purposes such as support, concealed donation, or the transfer of property while avoiding taxation or formal procedures. From a legal perspective, a benevolent sale is regarded as a valid contract of sale, provided that the essential conditions of contractual validity—such as intention, consent, legal capacity, and the specification and lawfulness of the subject matter—are fulfilled. Nevertheless, in cases where the benevolent nature of the transaction results in harm to third parties or the infringement of others’ rights, such as issues concerning heirs, fictitious transactions, or fraudulent conveyance to evade debts, the transaction may be subject to legal challenge. In the Iranian legal system, identifying and thoroughly analyzing benevolent sales is of great significance from legal, fiscal, and judicial perspectives.

Current Issue

Vol. 4 No. 3 (2025): Serial Number 12

Published: 2025-09-26

Articles

Exemption from Criminal Responsibility and Immunity from Punishment in International Crimes Before the International Criminal Court

Arasto Mahdian

; Mohammad Javad Javid *

; Atefeh Amininia

1-13
- PDF
https://doi.org/10.61838/kman.lsda.167
Legal Challenges of Artificial Intelligence Tools in Regulating Freedom of Expression in Iran: A Comparative Perspective with International Human Rights Instruments

Mansour Malekpour Bahabadi

; Seyed Mohsen Mirhosaini *

; Ghazaleh Kabirabadi

1-15
- PDF
https://doi.org/10.61838/kman.lsda.171
Application of the Rule Mā Yuzman wa Mā Lā Yuzman in Modern Contracts: A Jurisprudential-Legal Analysis of Its Application in Insurance, Electronic Contracts, and Digital Services

Razieh Najafi

; Parviz Zokaiyan *

; Fakhrollah Malaei Kandelos

1-15
- PDF
https://doi.org/10.61838/kman.lsda.174
Substantive Challenges in Iran’s Criminal Policy Regarding Economic Crimes

Behrouz Tolabi

; Mahmoud Habibi Tabar *

; Hamed Rostami Najafabadi

1-12
- PDF
https://doi.org/10.61838/kman.lsda.144
Public Law Challenges in Protecting Human Digital Rights in the Age of Artificial Intelligence

Mahdi Rajaei

; Ali Amiri *

1-7
- PDF
https://doi.org/10.61838/kman.lsda.184
Good Governance and the Issue of Hirmand River Water Rights

Hadi Mirshkar

; Mojtaba Babaee *

; Ramezan Dehghan

1-7
- PDF
https://doi.org/10.61838/kman.lsda.189
Feasibility of the Government's Civil Liability for Business Closures Caused by Filtering

Samsam Kazemi

; Ali Pourjaveheri *

1-13
- PDF
https://doi.org/10.61838/kman.lsda.191
Challenges and Solutions for Promoting the Protection of Civil Rights in Criminal Policy in Iran and the UK During the Investigation and Sentencing Stages

Nasrallah Amin Kaleybar

; Seyyed Hassan Hashemi *

; Ali Chahkandinezhad

1-11
- PDF
https://doi.org/10.61838/kman.lsda.192
Contexts, Requirements, and Consequences of the Exercise of Domestic Jurisdiction by States over International Crimes (With a View to the Relationship Between Iran and the International Criminal Court)

Mohammad Ali Khozeimeh

; Majid Shayganfard *

; Hamidreza Mirzajani

1-11
- PDF
https://doi.org/10.61838/kman.lsda.193
Legal Challenges of Insurance and Customs Tariffs in Land Transportation of Oil and Gas: A Study in the Context of Iran, Iraq, Afghanistan, and Pakistan

Ahmad Momeni Rad *

; Mojtaba Rooholamini

1-13
- PDF
https://doi.org/10.61838/kman.lsda.197
Analysis of Auditory Narcotics and Their Criminal Adaptation in Imamiyyah Jurisprudence

Shahram Cheraghi

; Ali Pourjavaheri *

; Ali Jamadi

1-10
- PDF
https://doi.org/10.61838/kman.lsda.198
Critiques of the Guardian Council in the Process of Shari’a Supervision over Laws and Regulations

Iraj Ahmadi Rad

; Moien Sabahi Goraghani *

; Tayebeh Balvardi

1-10
- PDF
https://doi.org/10.61838/kman.lsda.199
Regulation of Foreign Car Imports in the Legal System of the Islamic Republic of Iran

Somayeh Kaviani

; Mahdieh Saneei *

; Kheyrollah Parvin

1-19
- PDF
https://doi.org/10.61838/kman.lsda.203
Analysis of Criminal Laws Related to Cybercrimes Against National Security (Such as Cyber Espionage) and Examination of the Challenges of Identifying and Punishing These Crimes

Iman Nezam Eslami *

; Ehsan Yavari

1-13
- PDF
https://doi.org/10.61838/kman.lsda.190
Jurisdiction of Peace Courts in Adjudicating Crimes Committed by Children and Adolescents

Behnam Arezomand

; Mehdi Soleimani *

1-10
- PDF
https://doi.org/10.61838/kman.lsda.213
Foundations and Conditions of Civil Liability in Compensating Loss of Profit in Iran and France Law

Manouchehr Asadi

; Babak Rezapour *

; Hossein Javadi

1-9
- PDF
https://doi.org/10.61838/kman.lsda.204
Examination and Analysis of the Status of Islamic jurisprudence and Compliance with Laws in Secular Islamic and Non-Islamic Countries

Zeynab Musavisadat *

1-15
- PDF
https://doi.org/10.61838/kman.lsda.214
Analysis of the Impact of Sanctions on the Quality of Human Resource Management in the Hormozgan Ports and Maritime Administration with Emphasis on its Legal and Social Dimensions

Farooq Kazemof

; Mahboobeh Mehrabi *

; Abtin Amiri

1-10
- PDF
https://doi.org/10.61838/kman.lsda.195
The Impact of Religious Elements on the Formation and Functioning of the Executive in Iran and Malaysia

Mehdi Ganjali Bonjar

; Mostafa Seraji *

; Ahmad Ranjbar

1-14
- PDF
https://doi.org/10.61838/kman.lsda.212
Comparative Study of the Conceptualization and Evolution of the Notion of "Crime in Plain Sight" in Iranian and American Law

Mohammad Saeli

; Samira Golkhandan *

; Akbar Rajabi

1-10
- PDF
Legal Transformation of Contracting Agreements in the Digital Age: An Analysis of the Role of Artificial Intelligence in Ensuring Transparency and Reducing Legal Risks in Contracts

Sara Abbaszade Lima

; Seyed Morteza Naeemi *

; Mahmood Kohani Khoshkbejari

1-13
- PDF

View All Issues

Legal Studies in Digital Age

Legislative Criminal Policy in the Prevention of Road and Urban Development Crimes in Iran

Legal Principles Governing Partnership Agreements

Metaverse and Civil Liability Arising from Intellectual Property Infringement

Assessment of the Extent of Property Rights Protection in Iran Based on the IPRI Index: A Comparative and Economic Study

Barriers to the Development of Nurses’ Professional Liability Insurance

Critical Analysis and New Solutions to the Jurisdictional Boundaries of the Administrative Justice Court Considering the Evolution of Administrative Justice Principles in Judicial Procedure

Jurisprudential and Legal Analysis of the Challenges of Electronic Contracts in the Oil and Gas Industry with Emphasis on the Essential Elements of Contract Validity in Imami Jurisprudence

The Jurisprudential and Legal Status of Benevolent Sale (Bayʿ al-Muḥābātī) in Sales Below the Fair Market Value in Islamic Jurisprudence

Current Issue

Articles

Exemption from Criminal Responsibility and Immunity from Punishment in International Crimes Before the International Criminal Court

Legal Challenges of Artificial Intelligence Tools in Regulating Freedom of Expression in Iran: A Comparative Perspective with International Human Rights Instruments

Application of the Rule Mā Yuzman wa Mā Lā Yuzman in Modern Contracts: A Jurisprudential-Legal Analysis of Its Application in Insurance, Electronic Contracts, and Digital Services

Substantive Challenges in Iran’s Criminal Policy Regarding Economic Crimes

Public Law Challenges in Protecting Human Digital Rights in the Age of Artificial Intelligence

Good Governance and the Issue of Hirmand River Water Rights

Feasibility of the Government's Civil Liability for Business Closures Caused by Filtering

Challenges and Solutions for Promoting the Protection of Civil Rights in Criminal Policy in Iran and the UK During the Investigation and Sentencing Stages

Contexts, Requirements, and Consequences of the Exercise of Domestic Jurisdiction by States over International Crimes (With a View to the Relationship Between Iran and the International Criminal Court)

Legal Challenges of Insurance and Customs Tariffs in Land Transportation of Oil and Gas: A Study in the Context of Iran, Iraq, Afghanistan, and Pakistan

Analysis of Auditory Narcotics and Their Criminal Adaptation in Imamiyyah Jurisprudence

Critiques of the Guardian Council in the Process of Shari’a Supervision over Laws and Regulations

Regulation of Foreign Car Imports in the Legal System of the Islamic Republic of Iran

Analysis of Criminal Laws Related to Cybercrimes Against National Security (Such as Cyber Espionage) and Examination of the Challenges of Identifying and Punishing These Crimes

Jurisdiction of Peace Courts in Adjudicating Crimes Committed by Children and Adolescents

Foundations and Conditions of Civil Liability in Compensating Loss of Profit in Iran and France Law

Examination and Analysis of the Status of Islamic jurisprudence and Compliance with Laws in Secular Islamic and Non-Islamic Countries

Analysis of the Impact of Sanctions on the Quality of Human Resource Management in the Hormozgan Ports and Maritime Administration with Emphasis on its Legal and Social Dimensions

The Impact of Religious Elements on the Formation and Functioning of the Executive in Iran and Malaysia

Comparative Study of the Conceptualization and Evolution of the Notion of "Crime in Plain Sight" in Iranian and American Law

Legal Transformation of Contracting Agreements in the Digital Age: An Analysis of the Role of Artificial Intelligence in Ensuring Transparency and Reducing Legal Risks in Contracts

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