Legal Studies in Digital Age

Comparative Analysis of Joint Venture and International Consortium Construction Partnership Contracts: Challenges and Optimization Strategies

Mohammad Shahriari

; Mohammad Hossein Erfanmanesh *

; Shahab Jafari Nadushan

Joint Venture (JV) and International Consortium (IC) contracts are among the most common mechanisms for financing and managing such projects, as they enable the pooling of resources, risk-sharing, and the utilization of multilateral capacities to execute large-scale undertakings. However, in Iran, the legal, managerial, and operational structures of these contracts have faced numerous challenges, resulting in decreased efficiency and increased investment risks in infrastructure projects. The primary objective of this research is to conduct a comparative analysis of Joint Venture and International Consortium contractual models, identify the current challenges in Iran, and propose solutions for optimizing their legal and managerial frameworks. This study employs a descriptive–analytical approach and draws upon credible domestic and international academic sources to examine the theoretical foundations, prior research, and comparative analyses of partnership contracts. Using a comparative legal analysis, the study evaluates the implementation models of Joint Ventures and International Consortia in various countries and compares them with the existing Iranian legal frameworks. The findings reveal that a lack of alignment between domestic regulations and international standards, weaknesses in risk management, bureaucratic complexities, and insufficient clarity in the allocation of responsibilities are among the key obstacles to the successful execution of these contracts in Iran. While developed countries adopt integrated models and apply international standards for structuring partnership agreements, Iran continues to face significant legal, financial, and managerial barriers in this field. To enhance the effectiveness of these contracts in Iran, the research recommends reforming legal frameworks, standardizing managerial procedures, and incorporating innovative financing models into Joint Venture and International Consortium agreements. The results of this study can serve as practical guidance for policymakers, project managers, investors, and partnership-based companies, paving the way for improved management of collaborative contracts in Iran.

Gaps in Iran’s Criminal Policy Regarding the Protection of the Child’s Right to Identity: An Analysis in Light of the Convention on the Rights of the Child

Reza Soori

; Fatemeh Ahadi *

; Babak Pourghahramani

The right to identity, recognized as one of the most fundamental rights of children and adolescents in international instruments, encompasses the right to a name, nationality, and family relations. Violations of this right can lead to various forms of delinquency and victimization in the future. The objective of this article is to analyze and evaluate Iran’s criminal policy regarding violations of this right and to identify existing legislative and judicial gaps in light of international standards, particularly the Convention on the Rights of the Child (CRC). This research employs a descriptive–analytical method with a comparative approach to examine Iran’s legal system (substantive and procedural laws) and compare it with Articles 7 and 8 of the CRC and other relevant instruments. Data collection tools consist of library research and document analysis. The findings indicate that Iran’s criminal policy toward violations of the right to identity is predominantly reactive, inconsistent, and lacking a preventive protective approach. Although certain limited instances, such as the falsification of identity documents, have been criminalized, many aspects of violations of this right — such as deprivation of birth registration or arbitrary denial of lineage — lack effective criminal sanctions. This situation reveals a significant gap between Iran’s practice and its international obligations. It is concluded that to ensure effective protection of children’s right to identity, Iran’s criminal policy requires a fundamental revision. Such revision should include the independent and targeted criminalization of violations of the right to identity, strengthening of non-criminal remedies, and adoption of preventive measures focused on timely birth registration and facilitation of lineage proof.

Legal Effects of Contractual and Mandatory Insurance Liabilities in Smart Contracts under Iranian, Iraqi, and Egyptian Law

Aqeel Abdulameer Kadhim

, Saeid Mansouri *

, Alireza Shamshiri

This study examines the insurance contract — an agreement under which one party (the insurer) undertakes, in exchange for a certain payment or payments from the other party (the insured), to compensate for incurred losses or to pay a specified sum. Accordingly, insurance functions as an effective mechanism for risk management and loss compensation. On the other hand, the use of smart technologies in this field facilitates information sharing, increases execution speed, simplifies utilization, reduces costs, saves time, and enables more efficient service delivery to citizens. The central question is to what extent this digitalization has been implemented, developed, or anticipated within the national laws of different countries. Based on this inquiry, the present article focuses on the legal frameworks governing smart insurance contracts in Iran, Iraq, and Egypt. The significance of this study lies in its comparative analysis of the legal structures in these three countries and its evaluation of how legal instruments are leveraged to advance smart insurance systems. The research method is descriptive-analytical. First, the existing legal provisions in each of the three jurisdictions are described, and then their differences and practical functions are analyzed. Findings indicate that all three countries have provided the necessary legal structures for delivering insurance services in key areas such as healthcare, general insurance services, motor insurance, and other critical sectors; however, the level of smart technology adoption varies. Iran is among the most advanced countries in the region regarding smart insurance, with its insurance companies widely utilizing digital technologies, smart contracts, and data analytics. In contrast, Iraq remains at the early stages of developing smart insurance compared to Iran and Egypt and still requires strengthening of technological infrastructure and expansion of digital systems.

Historical Evolution of the Concept of Criminal Fault (Unintentional Fault) in Iranian Criminal Law

Mehrzad Rostami

; Maryam Safae *

; Esmail Abdollahi

The concept of criminal fault or unintentional fault is one of the foundations of criminal liability in legal systems and has undergone a significant evolutionary process in Iranian criminal law. A historical review shows that this concept has been shaped in three main stages: first, in Imamiyyah jurisprudence, where fault was addressed within the traditional tripartite division of intentional (ʿamd), quasi-intentional (shibh al-ʿamd), and pure fault (khaṭāʾ maḥḍ), and was primarily limited to financial consequences such as diyah (blood money); second, during the modern codification era following the Constitutional Revolution, particularly with the enactment of the Public Penal Code of 1925 (1304), when, under the influence of French and Western law, unintentional fault entered the criminal sphere as negligence, recklessness, and violation of regulations; and third, in the post-Islamic Revolution era, where with the enactment of the Islamic Penal Codes of 1991 (1370) and 2013 (1392), traditional jurisprudential notions were integrated with modern legal doctrines. The findings of this study show that criminal fault in Iranian law has evolved gradually from the traditional system of purely financial liability toward a modern model of criminal responsibility. This development reflects the legislator’s effort to strike a balance between the jurisprudential foundations of Islamic law and contemporary socio-legal needs. However, challenges remain, including the determination of precise criteria for fault, the distinction between civil and criminal liability, and the definition of gross fault in professional crimes. These issues require further theoretical reflection and legislative reform.

The Reciprocal Impact of Civil and Criminal Claims on Each Other

Mohamad Sadegh Shojaei

; Alireza Rajabzadeh *

; Alireza Mazloom Rahni

The reciprocal impact of civil and criminal claims on each other is one of the complex and significant issues in the Iranian judicial system, whereby proceedings in one judicial forum may be contingent upon the determination of a matter in another forum. This study, employing an analytical–descriptive method and using library-based data collection, examines the dimensions of this interaction. Such interaction is mainly manifested through the institutions of Order of Suspension of Civil Proceedings (qarār-e enāṭeh) and damages resulting from a criminal act. The findings indicate that the prevailing judicial practice is largely based on the civil court’s adherence to the final judgment of the criminal court and the suspension of proceedings through the issuance of an Order of Suspension. This reciprocal influence can be traced throughout all stages of litigation—from preliminary investigations and trial proceedings to appeal, cassation, and retrial. The most critical challenge arising from this situation is the prolongation of proceedings and the imposition of additional costs on the litigants and the judicial system. Moreover, there are legal gaps and ambiguities, including the lack of clarity regarding the extent of the “impact” of rulings from one forum on another and the absence of explicit provisions for cases in which civil claims affect criminal proceedings. The article ultimately proposes the establishment of specialized chambers within criminal and civil courts to address cases with interdependent claims as a practical solution to expedite adjudication and enhance the efficiency of the judicial system.

The Role of Judicial Precedent in Defining the Scope of Criminal Liability in Cases of Concurrent Causes

Motahhare Mahjoub

; Mohammad Rouhani Moghadam *

; Reza Kahsari

The concurrence of causes and contributing factors in criminal law is one of the fundamental yet complex issues that has generated extensive debate both theoretically and practically. When multiple human or natural factors jointly lead to a criminal outcome, determining the primary perpetrator and the extent of each factor’s liability becomes difficult and sometimes impossible. This situation creates challenges for judges and attorneys in analyzing causality and issuing fair judgments in criminal cases. The significance of this issue in Iran’s criminal justice system is amplified by its direct relationship to the realization of justice and the prevention of impunity. The central question of the present study is which criteria should be applied to determine criminal liability when multiple causes overlap, and to what extent judicial precedent has contributed to clarifying these criteria. The main objective is to examine the jurisprudential and statutory foundations concerning the concurrence of causes, analyze the decisions of courts and the Supreme Court, and assess the role of judicial practice in creating unity and coherence in defining the scope of criminal liability. In this regard, the study seeks to identify the strengths and weaknesses of current judicial practice and propose strategies to improve its effectiveness. The research methodology is descriptive–analytical and is based on library research, the examination of authoritative jurisprudential and legal sources, and a comparative analysis of decisions issued by domestic courts. In the jurisprudential section, principles such as the precedence of the stronger cause over the direct agent and the distinction between proximate and remote causes are addressed. In the legal section, relevant provisions of the Islamic Penal Code of Iran (2013) are examined. Judicial precedent and the Supreme Court’s unifying opinions are analyzed as one of the most important supplementary sources. The findings reveal that judicial practice has, in many cases, successfully addressed statutory gaps and provided practical criteria for establishing liability. However, challenges remain, including inconsistencies in court decisions, ambiguity in apportioning responsibility among multiple factors, and potential tensions between jurisprudential principles and judicial rulings. The results emphasize that strengthening the role of judicial precedent through reinforcing unifying decisions, integrating expert opinions and related sciences, harmonizing jurisprudential foundations with statutory provisions, and revising relevant laws can promote individual and social justice and enhance coherence within the criminal justice system.

Legal Instruments in the Transformation of Adhesion Contracts

Ali Akbar Garousi

; Mohammadreza Pirhadi *

; Eisa Amini

, Esmail Abbasi

Adhesion contracts, as one of the common instruments in commercial and consumer relations, while effective in expediting contractual processes, have always been accompanied by legal challenges and imbalances between the parties. This study aims to examine the legal instruments influencing the transformation of adhesion contracts and seeks to analyze ways to improve legal balance and transparency within these agreements. The present study focuses on three main areas: analyzing the legal framework and principles of adhesion contracts, identifying domestic and international legal instruments, and examining the impact of these instruments on contract transformation and the reduction of conflicts of interest. The findings indicate that a combination of contractual, judicial, and regulatory instruments can mitigate the inherent inequality of adhesion contracts and safeguard the rights of the weaker party. At the domestic level, legal and supervisory protections, along with the clarification of contractual terms, play a crucial role in preventing abuse. At the international level, judicial precedents and the policies of the European Union, as well as U.S. consumer protection laws, serve as successful examples of balancing and moderating contractual terms. This research also highlights the importance of developing legal education, enhancing parties’ awareness, and employing alternative dispute resolution mechanisms such as arbitration and mediation. Ultimately, legal instruments in transforming adhesion contracts not only promote justice and transparency but also create an environment for alignment with international standards.

The Transformation of Criminal Evidence in Light of Forensic Sciences and Emerging Biometric Technologies: From Theory to Application

Amin Amirian Farsani *

; Seyed Mehran Mousavi

Evidence in criminal matters has been enumerated in Article 160 of the Islamic Penal Code of 2013 and includes confession, testimony, qasameh (oath-taking by relatives in homicide or injury cases), oath, and the judge’s knowledge. The judge’s knowledge is formed through documentation, indicators, and manifest presumptions and, in the narrow sense of the word, is obtained with the assistance of evidence. In all legal systems, evidence serves as the master key for proving crimes and establishing criminal liability. Today, due to the significant advances achieved in modern sciences and laboratory disciplines compared to previous decades, traditional evidentiary methods have been overshadowed, and scientific evidence has gained a prominent and distinguished role in the process of crime detection and proof. Without doubt, disciplines such as forensic biology, forensic chemistry, forensic physics, and biometrics (bio-identification sciences) provide the possibility to counter increasingly complex criminal methods with scientific and accessible approaches to discovering and proving crimes and establishing criminal convictions. This research endeavors to examine scientific evidence both theoretically and practically in separate chapters. Initially, the introduction presents the research problem, questions, and hypotheses. It also reviews prior studies and articles based on the key terms of this research. Subsequently, the objectives are outlined, including theoretical and applied studies of biological and biometric sciences, as well as the challenges and obstacles encountered in the use of such evidence. Furthermore, the necessity of coherence and coordination among the organizations responsible for this matter is analyzed. The study is applied in nature, employs a descriptive–analytical approach, and has been conducted using a library-based research method with recourse to scientific articles and academic journals. Data were collected through systematic note-taking and extraction from the relevant sources.

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

View All Issues

Legal Studies in Digital Age

Comparative Analysis of Joint Venture and International Consortium Construction Partnership Contracts: Challenges and Optimization Strategies

Gaps in Iran’s Criminal Policy Regarding the Protection of the Child’s Right to Identity: An Analysis in Light of the Convention on the Rights of the Child

Legal Effects of Contractual and Mandatory Insurance Liabilities in Smart Contracts under Iranian, Iraqi, and Egyptian Law

Historical Evolution of the Concept of Criminal Fault (Unintentional Fault) in Iranian Criminal Law

The Reciprocal Impact of Civil and Criminal Claims on Each Other

The Role of Judicial Precedent in Defining the Scope of Criminal Liability in Cases of Concurrent Causes

Legal Instruments in the Transformation of Adhesion Contracts

The Transformation of Criminal Evidence in Light of Forensic Sciences and Emerging Biometric Technologies: From Theory to Application

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

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