The Encyclopedia of Comparative Jurisprudence and Law

Identification of Legal Components in Supporting Adolescent Athletes in Club Contracts

Sara Toopa ebrahimi *

The objective of this study was to identify the legal components for protecting adolescent athletes in club contracts, focusing on legal, financial, educational, and dispute resolution dimensions. This qualitative research employed a content analysis approach. The study population consisted of sports law experts, club managers, coaches, and lawyers involved in adolescent athlete contracts in Tehran. Participants were selected through purposive sampling until theoretical saturation was reached, resulting in 18 participants. Data were collected through semi-structured interviews and analyzed using NVivo version 14, following an inductive coding process. The analysis revealed four main categories of legal protection for adolescent athletes: legal and regulatory frameworks, financial and economic protections, educational and developmental supports, and dispute resolution and enforcement mechanisms. Results indicated that specific regulations for underage athletes, stable financial guarantees, legal literacy programs, psychological support, and specialized dispute resolution bodies play a crucial role in safeguarding their interests. This study presents a comprehensive framework for enhancing the legal protection of adolescent athletes, which can serve as a foundation for reforming legislation and improving contractual practices at both national and international levels.

Laws and Regulations Concerning the Beneficiary in Life Insurance and Annuity Contracts (Challenges, Ambiguities, and Recommendations)

Seyedeh Somayeh Mortazavi

; Mohammad Abedi *

; Abdollah Khodabakhshi Shalmazari

This study was conducted with the aim of examining and critically evaluating the existing laws and regulations concerning the beneficiary in life insurance and annuities. Given the importance of determining beneficiaries in insurance contracts and its direct impact on insurance payouts and the rights of beneficiaries, identifying the existing legal challenges and ambiguities is essential. The main objective of the study is to analyze the legal status of beneficiaries in life insurance and annuities, identify legal problems and gaps, and provide recommendations for amending laws in order to reduce ambiguities and improve the operational efficiency of insurance contracts. This research employed a descriptive–analytical method. For this purpose, laws and regulations related to life insurance and annuities were collected and examined using an analytical approach. Furthermore, existing legal challenges and ambiguities were extracted, and, based on comparative studies and the opinions of legal scholars, reform strategies were proposed. The study revealed that the current laws, in some cases, contain ambiguities and a lack of consistency in the definition and determination of the beneficiary, leading to disputes and legal complications in insurance payouts. In addition, challenges such as changing the beneficiary after the conclusion of the contract, the rights of third-party beneficiaries, and the manner of fulfilling the insurer’s obligations are not clearly addressed in the laws. Accordingly, reforms such as clarifying the definition of the beneficiary, establishing precise regulations regarding changes to the beneficiary, and anticipating mechanisms for dispute resolution are recommended.

Review and Analysis of International Conventions and the Helmand Water Rights

Hadi Mirshkar

, Mojtaba Babaee *

, Ramezan Dehghan

The dispute over the water rights of the Helmand River, as a long-standing challenge between Iran and Afghanistan, has gained more complex dimensions in light of recent climatic, political, and environmental developments. This article, focusing on international conventions—including the United Nations Framework Convention on Climate Change (UNFCCC), the 1997 New York Convention on the Law of the Non-Navigational Uses of International Watercourses, and the Ramsar Convention on Wetlands—examines legal strategies to defend Iran’s water rights over the Helmand River. The findings indicate that Iran can, by invoking principles such as “common but differentiated responsibilities” (UNFCCC), “equitable and reasonable utilization” and “prevention of significant harm” (New York Convention), and the protection of the Hamoun Wetland ecosystem (Ramsar Convention), strengthen its legal position in international forums. The main challenges include Afghanistan’s non-membership in the New York Convention, the country’s domestic political developments, and the lack of strong enforcement mechanisms in international instruments. Nevertheless, solutions such as combining legal references, strengthening environmental diplomacy, referring the case to international arbitration bodies, and redefining the 1972 Agreement by integrating modern legal principles can contribute to resolving the dispute. This research emphasizes that defending the Helmand water rights not only requires the intelligent utilization of existing legal frameworks but also demands regional and international cooperation to create a sustainable model for managing transboundary water resources. The results of this study can serve as a model for resolving similar disputes in other international river basins worldwide.

The Practice of the European Court of Human Rights in the Confrontation Between Democracy and Human Rights

Morteza Rahimi Hamedani

; Satar Azizi *

; Razieh Hassankhani

The right of peoples to self-determination, political participation, and its associated rights—including political rights and freedoms, the right to vote and be elected, the principle of equality, and the prohibition of discrimination—are among the treaty-based rules and internationally accepted norms derived from the principle of democratic legitimacy and subsequently guaranteed through treaty mechanisms. The relationship between democracy and human rights is akin to that between the body and the soul in a human being. Democracy is the body, and human rights are its soul. Democracy is a modern institution—a structure for the distribution and containment of power. Human rights are a collection of human values in the modern world that operate within democratic regimes. Democracy is a method of governance, and human rights are values for living within that democratic method. Human rights, like the soul, flow through democracy and give it life. If we accept democracy as a method and human rights as a value, the analogy of the relationship between democracy and human rights to that of the body and the soul is the most apt comparison. The main question of the present study is: how has the European Court of Human Rights interpreted the components of democracy that have been in tension with human rights in the cases brought before it? This study has been conducted using a descriptive-analytical method, relying on library and internet resources. The author's hypothesis is that the European Court of Human Rights has consistently emphasized that, although in the interpretation and application of the provisions of the European Convention on Human Rights, a "margin of appreciation" is considered for states to express their views and take into account their cultural, political, and social values and interests, this margin of appreciation is accompanied by the Court’s oversight. This is to ensure that states do not ignore human rights values under the pretext of considering their own interests and values.

Legal Analysis of Contractual Relations in the Sharing Economy

Ahmad Amjadi shayegh

; Eisa Amini *

; Alireza Mohammad beyki

The sharing economy, as one of the manifestations of transformation in the contemporary economic system, has created a platform in which natural persons provide goods and services through digital platforms. These developments have challenged the traditional configuration of contractual relationships and necessitated a rethinking of existing legal frameworks. One of the most prominent aspects of this transformation is the emergence of decentralized distribution networks and new forms of contracts that exhibit characteristics such as being reciprocal, vertically structured, adhesive in nature, and, in some cases, monopolistic. This article adopts an analytical and comparative approach to examine the legal dimensions of contractual relations within the context of the sharing economy. It highlights the shortcomings of Iran’s current positive law in recognizing and regulating such contracts and emphasizes the need to develop a specific legal regime for distribution contracts that aligns with the mandatory rules of competition law. In conclusion, the article recommends that the legislator adopt a flexible yet clear framework within commercial law that both ensures the efficiency of participatory networks and prevents the formation of anti-competitive structures. Consequently, research into the legal nature of participatory contracts in Iran must, while utilizing the capacities of comparative law, contribute to the development of clear and practical criteria for determining the legal position of such contracts within the national legal system. These criteria should uphold the fundamental principles of public law without diminishing the appeal of these contracts for the private sector.

A Comparative Analysis of Interest Rates and Usury in the Islamic Banking System with Emphasis on the Prohibition of Usury

Jahanbakhsh Soltani

, Hormoz Asadi Koohbad *

, Ayoub Atefi

The objective of this study is to conduct a comparative analysis of interest rates and usury (riba) in the Islamic banking system, with an emphasis on the prohibition of usury. This research has been carried out using an analytical–descriptive method. The data for the study were collected through a documentary–library approach, using books, articles, websites, and reputable scientific portals as research tools. The findings of the study indicate that interest, in essence, is a cost that an individual must pay in return for receiving and using financial facilities, whereas usury (riba) refers to an increase, superiority, or excess that is taken in return for a loaned sum, which is expressly forbidden in the Holy Qur’an. The relationship between riba and interest implies that riba applies to initial loans of a consumptive nature. However, in modern banking, borrowing tends to have a productive nature and contributes to profit generation. Consequently, the conclusion can be drawn that, since interest is the cost of using money in productive activities in modern industry and commerce, it is not forbidden. In this context, the borrower invests the loaned sum in new industries and commerce, generates profit, and therefore must pay a share of that profit as interest. Hence, what the Qur’an has prohibited is riba—not interest. Furthermore, the research findings underscore the importance of understanding the philosophy behind the prohibition of riba for the development of the Islamic financial system, encouraging jurists and Muslim economists to conduct extensive research on the matter. Ultimately, the study concludes that a zero interest rate is not consistent with the theory of the prohibition of riba in Islamic economics. The prohibition of riba in the Islamic economic system leads to the realization of optimal conditions in practice within Muslim societies, in contrast to capitalism, where achieving optimal conditions—defined as the realization of all possible returns—is theoretically unattainable. The mental and objective foundations of interest proposed by capitalist economists have aimed to legitimize and naturalize the demand for loan interest. However, the theory of the prohibition of riba is based on the notion that interest lacks any natural or real foundation.

Examining the Jurisprudential and Legal Foundations of the Profit Determination Model in the Islamic Banking System

Ayoub Atefi

, Hormoz Asadi Koohbad *

, Jahanbakhsh Soltani

The aim of this study is to examine the jurisprudential and legal foundations of the profit determination model in the Islamic banking system. This research has been conducted using a descriptive-analytical method, and the data collection technique employed is document-library based, relying on credible books, articles, websites, and academic portals. The findings of the study indicate that the issue of bank interest is among the newly emerged jurisprudential topics that, with the emergence of the modern global banking system, has become one of the main challenges for Islamic, interest-free banking. A group of Shi’a jurists believe that charging and paying interest on bank loans constitutes usurious lending (ribā al-qarḍ) and is therefore prohibited. However, some jurists, by altering certain conditions, have deemed such interest permissible. Additionally, another group of jurists and legal scholars argue that bank interest is distinct from ribā, and in their writings, they have presented arguments based on historical narratives or epistemological reasoning to support this distinction. Ultimately, this study concludes that a banking system based on a profit model linked to capital productivity is more successful in achieving the goals of both the real and monetary sectors of the economy. It is also better able to meet the needs of depositors, borrowers, and banks. The profit model based on capital productivity is thus considered a desirable model, and the necessary foundations for its implementation should be established.

Investigating the Role and Limitations of the Principle of Autonomy of Will in the Formulation of Domestic and International Oil Contracts

Alireza Barati

, Mohammad Bagher Fijan *

The principle of autonomy of will, as one of the fundamental principles of contract law, allows the parties to a contract to freely make decisions regarding the conclusion, stipulation of terms, and execution of the contract within the framework of the governing laws. This principle, rooted in liberal thought and jurisprudential doctrines such as the rule of "al-nas musallatūn ‘alā amwālihim" (people have dominion over their property), plays a pivotal role in oil contracts, which are considered among the most complex and significant types of international agreements. Oil contracts are typically concluded between states, as the owners of underground resources, and large multinational corporations, as investors and operators of exploration and extraction activities. Despite the prominent status of the principle of autonomy of will, its implementation in oil contracts faces numerous limitations. The most significant of these include mandatory rules, public order, public ownership of natural resources, environmental requirements, energy security considerations, and obligations arising from international treaties and regulations. This study, employing a descriptive-analytical method and a comparative legal approach, first explores the theoretical foundations and historical background of the autonomy of will in both domestic and international law. It then elaborates on the role of this principle in the formulation of oil contracts and proceeds to analyze its limitations within the Iranian legal system, while comparing it with the legal systems of France and Germany. Findings indicate that although contractual freedom is a recognized principle in all legal systems, in the domain of oil, due to the sovereign, economic, and environmental significance of this resource, it is invariably accompanied by binding frameworks and constraints. Finally, the study proposes strategies for creating a balance between contractual freedom and legal, political, and environmental considerations, in order to both safeguard national interests and facilitate the attraction of investment and the development of international cooperation.

About the Journal

The Encyclopedia of Comparative Jurisprudence and Law is a peer-reviewed, open-access academic journal dedicated to fostering a comprehensive understanding of comparative jurisprudence and legal studies. Aimed at a diverse global readership, the journal publishes research that spans various legal systems, providing insightful analysis and comparative perspectives. The journal serves as a vital resource for researchers, practitioners, and policymakers by publishing innovative work on diverse legal theories, systems, case studies, and interdisciplinary approaches that expand the understanding of law and its impact across different cultural and social landscapes.