The Encyclopedia of Comparative Jurisprudence and Law

International gas sale contracts, as one of the key instruments in energy trade, face significant challenges—particularly in the area of price (consideration) determination. Characteristics such as long-term duration, dependency on global markets, and sharp fluctuations in energy prices have led to the adoption of dynamic and flexible pricing mechanisms in these contracts. However, the absence of clear and harmonized legal frameworks—especially within the Iranian legal system—has resulted in contractual conflicts and a reduction in economic efficiency.
This study aims to conduct a comparative analysis of pricing mechanisms in international gas sale contracts, drawing on international legal and economic sources, arbitral practices, and real contract samples, in order to propose legal improvements for Iran in this field.
The findings indicate that price determination methods may include the use of energy market indices, adjustable pricing formulas, futures contracts, or referral to independent experts. Additionally, mechanisms such as periodic price adjustments, renegotiation clauses, and price review formulas are considered effective tools for mitigating economic risks.Nonetheless, Iran’s legal system faces limitations in fully implementing these mechanisms due to jurisprudential constraints and the lack of explicit legal provisions. This study underscores the need for legal reforms in the field of energy contracts, including the formal acceptance of flexible pricing mechanisms, development of regional pricing benchmarks, and incorporation of protective clauses in long-term agreements. Implementing these reforms could pave the way for enhancing Iran’s position in the international gas market.

This study aims to provide a comparative analysis of the conceptual, legal, and procedural frameworks of hate crimes in the legal system of the Islamic Republic of Iran and selected Western countries.This research follows a narrative review approach using descriptive analysis. Data were collected from legal documents, academic articles, judicial rulings, and international reports published between 2018 and 2024. The analysis was conducted across four dimensions: conceptual, legislative, institutional, and cultural, and was comparatively examined between Iran and Western legal systems. The findings indicate that Iran’s legal system lacks a specific definition for hate crimes, resulting in ambiguity within legislative and judicial processes. Additionally, the absence of protective structures, independent data systems, and professional training hinders effective response to such crimes. In contrast, Western countries have developed comprehensive laws, active support institutions, specialized training, and multilayered policies, resulting in greater efficacy in addressing hate-motivated offenses. There is a pressing need for Iran to develop a comprehensive law on hate crimes as part of broader criminal justice reform. Such a law should include precise definitions, effective enforcement mechanisms, and victim support structures, while drawing on international experiences to meet Iran's specific cultural and social context.

The present study examines the issue of conflict of interest in the husband's prohibition of the wife's employment. According to Article 1117 of the Civil Code, a husband may prevent his wife from engaging in a profession or industry that is contrary to the interests of the family or the dignity of himself or his wife. However, the implementation of Article 1117 of the Civil Code in certain cases suggests a potential conflict of interest, such that it raises the concern that a husband might exploit the right granted to him under this article to act beyond its intended scope and misuse it for his own personal benefit. The primary question of this study is: In the event that a conflict of interest arises in connection with the application of Article 1117 of the Civil Code, against whom does the husband bear civil liability? The preliminary response that comes to mind is that the husband appears to be liable not only to the wife but also to third parties, provided that the three essential elements of civil liability are established. This study, using a descriptive-analytical method, seeks to assess the relationship between conflict of interest and the husband's prohibition of the wife's employment. It aims to examine the civil liability of the husband in preventing his wife from working in light of the existence of a conflict of interest, and to explain the resulting legal effects and implications.

Following the widespread atrocities committed by the Zionist regime after the events of October 7 and its attacks on the Gaza Strip and southern Lebanon, serious concerns have been raised from the perspective of international law. These concerns revolve around how to prevent such atrocities and effectively utilize the capacities of transnational institutions to realize international justice. Accordingly, this study, developed using a descriptive-analytical approach, examines the potential for legally developing the concept of crimes against humanity and war crimes in light of the Gaza war, with the aim of facilitating the legal prosecution of Israel. It explores the legal dimensions of the crimes committed by the occupying Zionist regime in the occupied Palestinian territories and Lebanon, particularly during the recent attacks on Gaza. The primary objective of this study is to offer strategies for aligning the conduct of the Zionist regime in Gaza with the definitions of crimes against humanity and war crimes through the legal expansion of these international crime concepts. The findings of the study indicate that a significant portion of the military and non-military actions carried out by the Israeli regime after the October 7 attack are consistent with the definitions outlined in the Rome Statute of the International Criminal Court concerning war crimes and crimes against humanity and, from a legal standpoint, are subject to prosecution and adjudication within the framework of the Court.

The concept of individualized sentencing, as a core principle of modern criminal justice, aims to impose penalties that are proportionate and humane by considering each offender's psychological, social, and criminal background. Despite the existence of theoretical and Islamic jurisprudential foundations in Iran's legal system, the implementation of individualized sentencing faces significant structural, legal, and procedural challenges. This article explores the legal obstacles and opportunities for individualized sentencing in Iran, providing a multidimensional analysis rooted in theoretical, jurisprudential, and comparative frameworks. It begins by conceptualizing individualized sentencing and outlining its reformative, reintegrative, and justice-driven objectives. The study then examines issues such as the lack of established judicial precedent, inconsistency with general criminal law principles, absence of professional assessment systems, and prevailing sociocultural pressures. The Islamic perspective is also evaluated, highlighting the potential support for individualized sentencing through principles such as repentance, proportionality, and compassion. The comparative section of the paper reviews successful international models, particularly in addressing drug-related offenses. Furthermore, the article assesses the influence of human rights obligations and international criticism on Iran’s penal policies. In conclusion, it proposes legal reforms, structured offender assessment protocols, and professional training initiatives as strategic pathways to harmonize Iran's criminal justice system with the principles of individualized sentencing.

Following the reforms made in the French Civil Code, several notable innovations have emerged in this legal system. These innovations have been shaped by years of judicial practice, the system’s inherent weaknesses, and inspiration from European Union regulations. Their significance also extends to Iranian law, as Iran’s legal framework has historically been influenced by the French legal system. Consequently, the new provisions may bear relevance to the future reform of Iran’s Civil Code. One of the most substantially reformed areas in France concerns the law of obligations, which is equally significant in Iranian law. A key characteristic of these changes is their alignment with global trade practices and the reduction of judicial intervention. Due to such influences, it is possible to identify harmonized and compatible elements within the French reforms that could justify corresponding changes in Iranian law. In this context, the present study conducts an analytical–descriptive feasibility assessment of applying the innovations in the French Civil Code concerning the law of obligations to the Iranian Civil Code, utilizing a library-based research methodology. The findings reveal that one major feature of the French reforms—granting extensive powers to judges to ensure contractual balance—could potentially destabilize contractual relationships. This approach appears more restrained in Iranian law, where contract durability is more emphasized. Another notable innovation in the French Code is the duty of disclosure, which, although sporadically addressed in Iranian law (e.g., in the Civil Code and Insurance Law), has been rendered more operational and structured in French law. A further important innovation in the French Civil Code involves addressing contractual imbalance, which in Iranian law is currently evaluated based on circumstances and context, but could benefit from more structured reform.

Economic crimes, as a serious threat to public order, economic security, and public trust, necessitate an effective and coherent response from criminal policy. In Iran, despite the increasing prevalence of economic crimes such as embezzlement, money laundering, tax evasion, and rent-seeking, the existing criminal policy faces significant substantive challenges. These challenges include contradictions in legal concepts, the absence of a comprehensive and exclusive definition of economic crime, fragmentation in criminal regulations, and a lack of proportionality between crimes and punishments. Furthermore, the absence of a clear distinction between economic crimes and other forms of organized crime, deficiencies in criminalizing emerging economic behaviors, and inconsistencies between criminal laws and economic institutions have weakened the effectiveness of the penal response. This article adopts an analytical approach to examine the substantive challenges of Iran's criminal policy toward economic crimes and ultimately proposes recommendations for conceptual and legislative reform.

Throughout the history of criminal law, the criminal policies of various societies have adopted different approaches in response to criminal phenomena. Each of these approaches has emerged from specific factors and circumstances that have prevailed over societies at different times, and they are rooted in theoretical foundations that may lean toward either harshness or leniency in the treatment of offenders. Broadly speaking, these approaches can be categorized into three models: punitive, clinical, and social support. In the model referred to as the punitive model, the central focus is on punishing the offender who has knowingly and intelligently chosen the path of criminal conduct. Thus, the punitive model, with its emphasis on retribution, distinguishes itself from the other two models. The punitive model holds particular importance due to its earlier emergence and the fact that it has been the preferred model of criminal policy for numerous reasons. The revival of this model and the regression from the other two models in many societies confirm its enduring significance. In the context of the Iranian criminal justice system as well, despite the official adoption of a de-penalization approach, there are still instances where policies are explicitly punitive in nature. Given the importance of this issue, the present article adopts a descriptive-analytical and library-based method to examine the theoretical foundations of penal orientation and its practical manifestations in the Iranian criminal justice system. The findings indicate that the theoretical foundations of penal orientation fall into two broad categories: deontological theories, which emphasize the moral function of punishment, and utilitarian theories, which stress the benefits of enforcing punishment. Accordingly, the foundations of penal orientation are shaped by at least three major theories: retributivism, deterrence, and incapacitation. The first theory stems from deontological thought, while the latter two are rooted in utilitarian reasoning. In Iran’s criminal justice system, evidence of penal orientation can be observed in several legal enactments, such as the Law on the Protection of Promoters of Virtue and Preventers of Vice (2015), the Plan for Intensifying the Fight Against Violent Crimes (2011), the Law on Combating the Financing of Terrorism (2015), the Law on the Punishment of Individuals Engaging in Unauthorized Audio-Visual Activities (2007), and the Islamic Penal Code (2013).