Mohammad Hasan Sadeghi Moghadam; Seyeed Mohammad Tabatabai Nejad
Volume 1, Issue 2 , February 2013, , Pages 89-115
Abstract
Non-Disclosure Agreement(NDA), also known as a confidentiality agreement, or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access ...
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Non-Disclosure Agreement(NDA), also known as a confidentiality agreement, or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information. In this article we examine the structure and elements of the contract, and compare it in some respects with other kinds of securing intellectual property such as patent. In conclusion we understand that although this contract is an efficient model of securing information but it is not an enough one, so every company involved in the field of the information, shall use different kinds of protection to work complementary
Ebrahim Rahbari
Abstract
Mergers have always raised competition concerns and competition authorities have tried to prevent anticompetitive practices made through them. One of the most efficient methods is designing a framework to primary evaluation of proposed mergers and striking a balance through the validation of mergers ...
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Mergers have always raised competition concerns and competition authorities have tried to prevent anticompetitive practices made through them. One of the most efficient methods is designing a framework to primary evaluation of proposed mergers and striking a balance through the validation of mergers by employing structural and conduct remedies. In IP domain, the mentioned measures in the light of particular matters of such field, come to assist competition authorities in order to modify the mergers in waiting period and provide a proper chance in utilizing the potentials of the mergers in promoting innovation and technology development. By analyzing the solutions proposed by US and EU law, this research aims to examine different types of remedies relevant to proposed mergers and clarify their efficiency, challenges and developments in IP field. This article also tries to regulate and justify the process of validation the proposed mergers subject to some conditions by making an interpretation on existing legal rules contained in Iranian laws.
Ali Ansari; javad askari dehnavi
Abstract
Banks, like any other commercial entity, are likely to encounter the risk of insolvency and consequently go bankrupt for some reasons. As the provisions on bankruptcy are subject to the rules and regulations of the Commercial Code, the solution for dealing with a bankrupt bank is to declare its bankruptcy ...
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Banks, like any other commercial entity, are likely to encounter the risk of insolvency and consequently go bankrupt for some reasons. As the provisions on bankruptcy are subject to the rules and regulations of the Commercial Code, the solution for dealing with a bankrupt bank is to declare its bankruptcy and liquidate its assets. However, declaring a bank’s bankruptcy and going through the bankruptcy process would have an adverse impact on the economy of the country concerned. Banks play a remarkable role in the development and growth of countries’ economy as a result of lending; thus, their existence and operation are highly vital in the development of domestic and international trade. Furthermore, insolvency and bankruptcy of banks would havoc payment systems and harm the public trust, which eventually result in decline in investments. Therefore, the approach of bankruptcy declaration and liquidation of banking assets exposed to bankruptcy is not a logical approach and it is also not in line with the economic principles. The aim of this article is to discuss the preventive legal tools regarding banks’ bankruptcy, which are at the risk of going bankrupt, in parallel with examining the approach of developed countries in this regard.
Jalal SoltanAhmadi; Maryam Valaii
Abstract
It is common that the avoidance of a contract terminates and renders all provisions, terms and conditions of the contract. Are there any terms or provisions which are not affected by termination? By using the descriptive-analytical and comparative methods, this article aims to ascertain these independent ...
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It is common that the avoidance of a contract terminates and renders all provisions, terms and conditions of the contract. Are there any terms or provisions which are not affected by termination? By using the descriptive-analytical and comparative methods, this article aims to ascertain these independent terms which are valid, even though the termination of the contract occures. Some of these terms, such as confidentiality, are valid and apply, irrespective of making a contract. On the basis of intention of parties, law and usages, termination does not affect contract terms relating to dispute resolution. Nor do those terms that were intended to take effect even in the case of termination, such as confidentiality clause. Those terms are independently valid in spite of the invalidity, termination or avoidance of the main contract.Principles of European Contract Law, UNIDROIT Principles of International Commercial Contracts and United Nations Convention on Contracts for the International Sale of Goods (CISG; the Vienna Convention) indicate such valid provisions. Despite the lack of any provision in Iranian Civil Code, such a provision infers and implies under Iranian Civil Law.
Mahdi Hasanzadeh; Ahad Shahi Daman Jani; HASSAN alipour
Abstract
Generally, in Iranian law, the condition over third party act includes condition of act to third party in a strict meaning and commitment to third party act. In the case of the condition over third party act, the parties are binding on third party (the last Section of Art. 234 of the Civil Code); whereas ...
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Generally, in Iranian law, the condition over third party act includes condition of act to third party in a strict meaning and commitment to third party act. In the case of the condition over third party act, the parties are binding on third party (the last Section of Art. 234 of the Civil Code); whereas in the commitment to third party act, someone undertaking in regard to third party will accept obligation against the other party. Specifically, the condition over third party act conflicts with the majority of contractual principles and legal provisions. What is legal justification for and basis of the above-mentioned condition? This article deals with the following issues: The nature, legal status and criterion of validity of the condition over third party act, its differences and its link with the commitment to third party act. It also examines how the legal relationship between the parties and with third party will be in the event of rejection and acceptance of the condition by third party.
SeyydAhmad Mousavi; Alireza Nojavan; Seyed Mohamad tagi Alavi
Abstract
The necessity of accomplishing the contract has been expressed in the form of the principle of irrevocability, the irrevocability of fulfilling the contract, fulfilling the covenant, holiness and compulsory of contracts, irrevocability and compulsory of contract. The purpose of all these principles is ...
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The necessity of accomplishing the contract has been expressed in the form of the principle of irrevocability, the irrevocability of fulfilling the contract, fulfilling the covenant, holiness and compulsory of contracts, irrevocability and compulsory of contract. The purpose of all these principles is summarized in the contract and becomes a binding force as soon as it is created, to which the parties participating are bound by its provisions. In jurisprudence and Iranian law, the pacta sunt servanda is interpreted as the principle of the irrevocability of contracts. the pacta sunt servanda has been accepted in jurisprudence and Iranian law. The principle of irrevocability is different from that of the pacta sunt servanda. From 219 of the Civil Code, some have inferred the principle of irrevocability in the position of doubt in the revocability and irrevocability of contracts, and others have inferred the pacta sunt servanda of absolute contracts, both revocable and irrevocable. This article tries to identify the pacta sunt servanda in Iranian law, provisions, concepts, and sources and explain its differences with the principle of irrevocability and similar principles in Iranian law, jurisprudence, and foreign law
Saeid Bigdeli; Abuzar Sahranavard
Volume 1, Issue 3 , March 2013, , Pages 95-123
Abstract
Under Iran’s legal system incompetents are protected through variouschannels namely in part by nullyfiying or ruling ineffective the legal actionstaken by the same. Further, to gurantee and safeguard their interests,particular agents are to be delegated to administer on their behalf their legalaffairs. ...
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Under Iran’s legal system incompetents are protected through variouschannels namely in part by nullyfiying or ruling ineffective the legal actionstaken by the same. Further, to gurantee and safeguard their interests,particular agents are to be delegated to administer on their behalf their legalaffairs. Thus, Iran’s law has provided for certain establishments as to servethe purpose including custodianship, administration [of will] andguardianship. Save the above, to guarantee the interest of incompetents arefurther protected, the law has designated the Prosecuting Attorney with theduty to oversee the actions taken by the above three delegates, as the casemay be, taking necessary measures where required. The founding of nonejudicial protective service organizations such as State Welfare Organization[Sazman Behzisti], Protective Service Committee [Komite Emdad] andMartyre Foundation [Bonyad Shahid] has led to most of the protective dutiesoriginally entrusted with the Prosecuting Attorney be practically carried outby the said organizations, thereby giving rise to the need addressed by thisarticle to study and discuss the interference of such duties and the conflictbetween their functionality
mahsa madani; zohre farrokhi
Abstract
According to Article 32 (1) of the American Trademark law, trademark infringement is commercial use with no permition of the mark of another in a way that causes likelihood of confusion to product or service, their origin or affiliation to that origin. The grounds of of realizationtrademark ...
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According to Article 32 (1) of the American Trademark law, trademark infringement is commercial use with no permition of the mark of another in a way that causes likelihood of confusion to product or service, their origin or affiliation to that origin. The grounds of of realizationtrademark infringement in us include the existence of valid mark whether registered or unregistered and using of mark, being the use commercial, proof of likelihood of confusion. Also the Iranian patent, industrial dedign and trademark law, introduce the non permission use of anothers mark and accoring likelehood of confusion of the consumer, the requirements of civil liability from the trademark infringement and like lanham act, do not mention the negligince of defendant. However, studing the judicial perecents shaws that in iraninn law, existing of valid registered or unregistered mark and being the use of anothers mark commercial, is the realization of infringement. Unlike the American system, Iranian law does not mention the confusion arising from affiliation and confusion following such confusion, is considered under the false advertising. In compare with the lanham act, with respect to the irrelevance of it in confision of consumer, this is the advantage of Iran's law. In this paper, emphasizing judgements of courts of us and Iran, analyzing these elements will be discussed and appropriate proposals presented during the discussion of the project.
reza hazeghpor; Hamid Reza Oloumi Yazdi
Abstract
lex mercatoria is a set of customary commercial rules which has been common by merchant among them in order to meet their commercial needs. along with developments in commercial relations and also in dispute settlement mechanisms by arbitrations, the status and nature of these set of rule as autonomous ...
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lex mercatoria is a set of customary commercial rules which has been common by merchant among them in order to meet their commercial needs. along with developments in commercial relations and also in dispute settlement mechanisms by arbitrations, the status and nature of these set of rule as autonomous free from domestic and international law has been one of the most important issue of international commercial law. the advantages of using this rules in arbitration and also their concordance with today demands of commercial relation has been the most important reason of invoking lex mercatoria in international arbitration as substantive law governing the dispute. so many judicial decisions issued on the base of lex mercatoria. but at the same time, this question of whether these rules are truly autonomous is under disagreement. so in this study we aim to analyze the debatable nature of lex mercatoria and clarify its legal status in international commercial arbitration.
Mohammad Abedi; Ali Saatchi; Farzad Javidi Al Saadi
Volume 3, Issue 8 , April 2015, , Pages 101-119
Abstract
According to "contracts are subordinate to intents" rule, a contract is subordinate to actual intent of parties. Therefore, if two parties conclude a contract, but their intent is about another contract, a legal act is based on what they have intended in spite of choosing another title for it. One of ...
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According to "contracts are subordinate to intents" rule, a contract is subordinate to actual intent of parties. Therefore, if two parties conclude a contract, but their intent is about another contract, a legal act is based on what they have intended in spite of choosing another title for it. One of the common issues raised frequently in case law is use of proxy as a cover for assigning ownership. This occurs for many reasons. This legal act is a sale contract along with agency. However, in some cases, this is only an agency contract which is a presumption of precedent sale contract. In some other cases, the legal act is void. This article aims to elucidate position, nature and effects of this legal act by examining reasons for doing it
mohammad hasan sadeghi moghadam; mojtaba shafie zadeh khulenjani
Volume 3, Issue 9 , December 2015, , Pages 101-122
Abstract
Abstract The creditor is entitled to collect the debt from the debtor. The possibility of collecting the debt through the debtor’s body organs is a disputable issue. By explaining different ways of collecting the debt from the defaulting debtor, such as compelling him to pay his debt, the ...
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Abstract The creditor is entitled to collect the debt from the debtor. The possibility of collecting the debt through the debtor’s body organs is a disputable issue. By explaining different ways of collecting the debt from the defaulting debtor, such as compelling him to pay his debt, the court’s order for the payment of the debt from the debtor’s property, imprisonment and the rules relating to insolvency, this article examines the possibility of collecting the debt from the debtor’s body organs. The issue is whether human being has such a control over his body organs for marketability of these organs and to transfer them. By taking into consideration the fact that the body organs have market value and human being have dominion, but not ownership, over their body organs, it can be concluded that the body organs are not part of the debtor’s property. Thus, it is not possible to compel the debtor to cut his body organs for the payment of his debt. It is not also possible to cut his body organs in return for his debt when he is dead. But if the dead’s organs are sold, they can be given in place of his debt.
Morteza Qsmzadeh; Mohammad Ghorbani Joybari
Volume 3, Issue 10 , March 2015, , Pages 101-119
Abstract
In Iranian law, the sale contract consists of two mutual acquisitions formedtogether. These acquisitions are in the same level regarding their positions(Article 338 of Iranian Civil Code).However, in spite of being in the same level, transposition of two acquisitionsare possible, since ...
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In Iranian law, the sale contract consists of two mutual acquisitions formedtogether. These acquisitions are in the same level regarding their positions(Article 338 of Iranian Civil Code).However, in spite of being in the same level, transposition of two acquisitionsare possible, since dichotomy in time of credit affairs allows us to maintaincausing correlation of commitments and to separate them from each other at thesame time. Therefore, although traditional view of legal and jurisprudentialissues does not accept such a condition, following a new approach and focusingon credit reasons, it is possible to accept transposition in the effect of contracts.The issue examined in this research is that the parties may agree to "temporally"submit the transfer of ownership based on their ‘will’, since the field of creditaffairs follows sides` determination aside from developmental affairs. Based onthe principle of determination prominence and article 10 of the Civil Code, suchagreements should be corrected based on sentences, and hence we should notdeal with law issues by ignoring ‘will’ of parties as a result of inappropriate andphilosophical interpretations.
Seyed Mohammad Tabatabaee nechad
Volume 3, Issue 11 , June 2015, , Pages 101-119
Abstract
The trend of globalization causes an increase in the rapid and convenientmovement of persons, goods and products resulting in legal challenges thatinvolve foreign elements. One of the legal relations is concerned with productliability derived mainly from tort. An increase in the movement of persons andgoods ...
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The trend of globalization causes an increase in the rapid and convenientmovement of persons, goods and products resulting in legal challenges thatinvolve foreign elements. One of the legal relations is concerned with productliability derived mainly from tort. An increase in the movement of persons andgoods lead to an increase in product liability claims, and the frequent shipmentof goods to distant points makes an increase in claims against foreign suppliersinevitable. The choice of law rule applied by courts with respect to claimsarising from a tort committed abroad has remained static for about threequartersof a century. Attempts have been made to find a connecting factor thatwould better fit the circumstances giving rise to such damage claims. The aim ofthis paper is to analyze the surrounding issues and policies that govern productliability action.
Morteza Qasemzadeh; Fatemeh sanatgar
Abstract
Creation of the embryo in vitro is one of the major issues that emerged inrecent decades in medicine and it has followed many legal and ethicalissues. The embryos in vitro are used as a way for fertility couples thatare infertile .But Surplus embryos are created in every artificial fertilitycycle that ...
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Creation of the embryo in vitro is one of the major issues that emerged inrecent decades in medicine and it has followed many legal and ethicalissues. The embryos in vitro are used as a way for fertility couples thatare infertile .But Surplus embryos are created in every artificial fertilitycycle that we can keep them frozen and use them in the research,treatment, buy and sell .While the legal nature of the embryo in vitro isnot known and there is not a law about production, storage and use ofthem So It is possible they are used as a tool for business and dealing.Until the Legal status of in vitro embryo is not clear initially, we can nottake any decision about it So in this article we will be explaining theLegal status of the fetus.
Mohammad Shamsayi
Abstract
شرط ثبات در قراردادهای دولتی یکی از راههای تنظیم و تضمین منافع سرمایهگذاران خارجی است. علیرغم عدم مقبولیت اینگونه شروط در میان دولتهای جهان سوم و نیز دولتهای ...
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شرط ثبات در قراردادهای دولتی یکی از راههای تنظیم و تضمین منافع سرمایهگذاران خارجی است. علیرغم عدم مقبولیت اینگونه شروط در میان دولتهای جهان سوم و نیز دولتهای درحالتوسعه، محبوبیت و مقبولیت این شروط در کشورهای توسعهیافته منجر به این امر شده است که سرمایهگذاران خارجی، جذابیت دولتهای سرمایهپذیر را بر اساس ثبات در نظام تقنینی و تنظیمی این دولتها میدانند. بااینحال تنها راه تضمین این ثبات پیشبینی شروطی در قراردادهای دولتی است که اصطلاحاً شرط ثبات نامیده میشوند. ازاینرو مقالهی پیشِ رو پس از بین تاریخچه و مفهوم این شرط، به بررسی انواع گوناگون آن میپردازد. همچنین درجات مختلف این شروط بسته به هر نظام حقوقی و مطابق با موضوعات سرمایهگذاری ممکن است تغییراتی داشته باشند. اعتبار این شروط نیز در نظامهای حقوقی ملی و بینالمللی مورد توجه حقوقدانان میباشد که موضوع بخش پایانی نوشتار حاضر است.
Reza Valavion; Ali Najaf zadeh
Abstract
The contract company is one of the complex legislative institutions in the civil law, which has led to the emergence of ambiguities in the society. Despite the intention of the legislator to incorporate a contractual partnership under certain contracts (Al Masami contracts) in Article 571 of the Civil ...
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The contract company is one of the complex legislative institutions in the civil law, which has led to the emergence of ambiguities in the society. Despite the intention of the legislator to incorporate a contractual partnership under certain contracts (Al Masami contracts) in Article 571 of the Civil Code, why have none of the aforementioned articles taken steps in accordance with the intention of the legislator, and finally the audience will face the duality of the legislator's mentality with a wrong idea. became; Why has the legislator taken an evasive way to not deal with the contract as a unique and special reason for the civil company? If the legislator does not have an opinion on the existence of a civil company contract, then what is the justification for incorporating it into certain contracts of the civil law? Won't the spread of contract companies in people's transactions double the need to amend the civil law? Discovering a solution to these questions has led to the writing of this article; The author believes that the social necessity of heavy means due to the pressure of the society's need forced the legislator to establish the company in terms of certain contracts. However, since it could not benefit from the influence of contemporary jurists' thoughts with the formulation of civil law, and in fact, it has been caught in a limbo in the analysis of the civil partnership contract. There will be no doubt in using the contract as an exclusive reason for the realization of the civil partnership (whether in tangible or intangible property) and the mixing of properties is not necessary because the partnership will be realized without obtaining a share in the property. However, this operation with the credit of the partners will be the reason for the contract to be fulfilled, and there will be no need for a separate action, and the function of the contract will be both a reason for spreading and giving permission and permission to seize the property of the company.
Ali Asghar Hatami; Neda masodi
Volume 1, Issue 1 , February 2013, , Pages 106-127
Abstract
The soul does its duties by brain which are foresight and
manipulation, therefore at the time of death, the soul leaves the body.
There is difference between death of organs and the whole body,
because some organs are still alive after death. This fact is the cause of
transplantation from dead bodies, ...
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The soul does its duties by brain which are foresight and
manipulation, therefore at the time of death, the soul leaves the body.
There is difference between death of organs and the whole body,
because some organs are still alive after death. This fact is the cause of
transplantation from dead bodies, particulary Brain dead
persons.Since the organs transplantation has the important role in
saving the patients, it is necessary to make informed the public about
it.
In addition of Recognition certain occurrence of brain death,
patient’s will or the assent of dead’s relatives is necessary requirment
for transplantation, so organs transplant is not legally possible in the
lack of these conditions, even though the death about to happen.
However some jurisconsults have different idea and believe that
mutilation is possible without testament or the assent of dead’s
relatives.
In accordance with the arthors’ opinion, moslem’s life is very
important, so it is necessary to provide the possibility of
transplantation in the lack of those requirments. In the other word, It
could be said that those conditions are only necessary when life of
organ depends upon transplantation.
This essay attemps to illustrate the foundations of transplantation in
addition to mention to the different opinions.
Gholam nabi Fayzi chekab; ALI Darzi
Volume 2, Issue 6 , February 2015, , Pages 109-137
Abstract
In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between ...
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In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between the seller and the factor, and it is based on transfer of debt. By concluding the aforesaid contract, two groups of people are affected. The first group includes the seller and the factor, that is, as a result of the aforesaid contract, a direct contractual relationship is created between them. Their agreement is the primary element in determining their rights and obligations. The second group includes third parties who have no contractual relationship with the factor and the seller. This group consists of debtor who is directly involved in the execution of the contract and third parties other than the debtor like seller’s creditors and subsequent transferees of the same accounts receivable who not are involved directly.
Reza Maghsoudi Maghsoudi
Abstract
The general rule of abuse of right has been used in many legal contexts,including contract law and family law. Rules and norms on private internationallaw have been affected by this general rule. Forum shopping in conflict offorums and evasion in conflict of laws are the current issues which confront ...
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The general rule of abuse of right has been used in many legal contexts,including contract law and family law. Rules and norms on private internationallaw have been affected by this general rule. Forum shopping in conflict offorums and evasion in conflict of laws are the current issues which confront withthe abuse of right. Different legal systems have, however, adopted differentapproaches by considering historical origins and social structures. In commonlaw tradition, forum shopping rule has been used for declining jurisdiction,whereas civil law system is unfamiliar with this concept. On the other hand,while evasion is, historically, regarded as one of the obstacles to theenforcement of foreign law in civil law regime, public policy and mandatoryrules are the only barriers in the enforcement of foreign law in common law. InIranian law, none of these rules have been formulated and as a result, theadaptation of these concepts with general principle is difficult.
sayyed Mohammad Razavi; Sayyed Ali Razavi
Volume 8, Issue 30 , June 2020, , Pages 110-130
Abstract
Comparative commercial advertising, which is based on comparison of features and characteristics of competitors’ goods and services, is one of the most popular ways of advertising and an important means of protection consumers’ rights. A comparative advertising is legitimate in light of principles ...
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Comparative commercial advertising, which is based on comparison of features and characteristics of competitors’ goods and services, is one of the most popular ways of advertising and an important means of protection consumers’ rights. A comparative advertising is legitimate in light of principles such as co-operation and piety, forbidding injustice and keeping the trust and it will not incur responsibility for the advertiser. If the conditions are not complied with and damages are brought to competitors, they may file a lawsuit against the advertiser’s unfair competition. Differences such as specific definitions of negligence in some legal systems, and quality of proof of harm, distinguish an unfair competition from a general civil liability dispute. The unfair competition lawsuit in a court of law may lead to the issuance of a warrant for compensation in cash, an order to stop broadcasting advertising, the insertion of a ruling in the press, or a correctional advertisement to compensate the damage sustained to the competitor's reputation. In this article, some international treaties and the laws of some jurisdictions have been discussed and it has been investigated how the law is enforced and implemented in Iranian law.
Private Law
Nahid Parsa
Abstract
Traditionally, the driver of the car is responsible for the damages caused by the accident. In self-driving and semi-autonomous cars, the term driver has either lost its meaning or has been diluted. The purpose of this article is to examine the civil responsibility of the user and the car against the ...
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Traditionally, the driver of the car is responsible for the damages caused by the accident. In self-driving and semi-autonomous cars, the term driver has either lost its meaning or has been diluted. The purpose of this article is to examine the civil responsibility of the user and the car against the damages caused by self-driving cars and to answer the question that in compensating for the damages caused by self-driving cars, should the traditional driver still be held responsible or is the virtual driver responsible? Is it possible to impose civil liability on self-driving cars, independent of the driver? Who is responsible in cases where the self-driving car acts based on the theory of deep learning outside the framework of the instructions? This article proceeds with a descriptive-analytical approach and by examining and pondering the rules of civil liability, and after analyzing the issue, it concludes that the driver alone cannot be held responsible in fully automatic levels, and the existing laws are not sufficient for the rights of the victims of driving accidents of self-driving cars, especially in fully automatic levels, and there is a need to amend and change the current laws. One of the novel points of the article is the examination of the combined responsibility of the traditional driver and the virtual driver. It also separates the responsibility of the driver in semi-autonomous and fully autonomous levels and examines the basis of each.In recent years, the technological innovations of the on-road vehicle industry have been accompanied by dramatic advances in self-driving cars. Automated vehicles offer a host of opportunities for safer roads, reduced travel times, more personalized services and energy efficiency. Of course, there are obstacles that can prevent the spread of self-driving cars. In particular, some limitations have been identified. One of the problems is the current legal framework for road transport, which does not easily accommodate the situation where the car is an autonomous system and lacks a comprehensive and uniform approach to autonomous vehicles.In Iran, the first phase of the self-driving car project was put into operation in 2014. The following year, the final product was successfully tested. However, following this incident, Naja traffic police chief banned the use of self-driving cars due to the lack of relevant laws and the lack of identification of the person responsible for the possible accidents of these cars. Also, in article 7 of the plan for organizing the automobile industry approved in 2017, it was mentioned to create the necessary platforms for the introduction of new technologies, but this plan has remained at the level of the plan so far. Self-driving cars significantly emphasize the issue of responsibility. There are three main types of liability related to road traffic: civil liability (compensation for damages caused to third parties), criminal liability (being liable for personal injury) and administrative liability (traffic rules). However, self-driving cars present a whole new challenge from a liability perspective. Undoubtedly, liability arising from traffic accidents is the most important part of civil liability. In Iranian law, the civil responsibility of the owner of a land motor vehicle is in the form of a requirement to obtain compulsory third party insurance. Unfortunately, wherever there is a discussion of civil liability in traffic accidents, it has always been confused with insurance issues, while, only, the effects of civil liability are related to the effects of insurance. In the correct situation, the insurance law should be different from the issues of civil liability, rather than looking for the issue of civil liability among insurance rules. In this article, only issues related to how to fulfill the civil responsibility of users and self-driving cars are expressed, and the effects of responsibility are not included in this article.The emergence of self-driving cars in road traffic on a larger scale will create many problems in various fields, including law. In case of loss of health, life or other injuries, it should be determined who will be responsible? The user, the manufacturer of such a car or its owner? The US Department of Transportation estimates that approximately 94% of accidents on American roads are caused by human error.If the legal framework does not include any specific requirements for self-driving vehicles, the owner, driver and manufacturer will be subject to the same legal requirements as traditional cars. On the other hand, if the legal framework introduces specific regulations for autonomous vehicles, the traditional requirements of all three mentioned stakeholders may change. Most of the existing regulations affect the production of self-driving cars. However, regulatory changes may also affect owners and drivers. For example, a special driver's license may be introduced for self-driving vehicles. or that the insurance requirements for the owner of an autonomous vehicle be modified in relation to conventional vehicles. Legal solutions require consideration of the degree of responsibility that can be placed on the driver of the self-driving car and the product liability of the self-driving car, although some authors may treat liability homogeneously, for example, some believe that the negligence standard is used in the driverless car as well. Determining how much liability can be held by the human driver or the car manufacturer will be a major challenge in the courts, as the proliferation of self-driving vehicles increases accident rates. Laws on car ownership, road traffic, criminal liability, security, privacy protection and civil liability must be changed. Accelerating regulatory changes becomes necessary, especially as semi-autonomous vehicles are already on the road and involved in traffic accidents.In the US, there are approximately twenty-nine states that have driverless car laws that address self-driving cars on the road — states like Florida that allow self-driving cars on public roads. allows driving, or Arizona that a negligent driver may be liable for death in a self-driving car accident. However, a common theme among states like Michigan and Nevada is limiting manufacturer liability for self-driving car accidents.In 2018, a bicyclist collided with an Uber self-driving car in Arizona, sparking questions about how civil liability applies in self-driving car accidents. What happens when a self-driving vehicle crashes into a pedestrian or another driver? Is it the fault of the driver who did not control the car from the beginning? Is this artificial intelligence that caused the accident? Is it the car manufacturer that assembled and supplied the car in a defective manner and is responsible? When is the driver allowed to take his hands completely off the steering wheel and when is he allowed to control the car? Should there be limits to what he can do in the car? Additional questions arise from the interaction between driverless and manned cars. Unlike the previous sources, which have only expressed the civil responsibility of the user, without distinguishing between the semi-autonomous levels (where the driver generally maintains his traditional concept) and the fully autonomous level (where the driver loses his traditional concept completely). In this article, these levels are separated and the civil responsibility of the driver is examined at each level, and some sources are satisfied only with a mechanism for compensation without determining the responsibility in self-driving accidents.
Private Law
Ahad Gholizadeh Manghutay
Abstract
Bill Amending a Part of the Commerce Act 1969 (BACAI) is ambiguous about the manner of directors board members’ and executive manager’s fiduciary possession of joint stock company’s property. Commerce Act in other companies deems manager’s possession of company’s property ...
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Bill Amending a Part of the Commerce Act 1969 (BACAI) is ambiguous about the manner of directors board members’ and executive manager’s fiduciary possession of joint stock company’s property. Commerce Act in other companies deems manager’s possession of company’s property as agent’s possession of principal’s property. But, although agent’s possession of principle’s property is fiduciary and fault-based, it is unknown whether in case the company’s property suffers damages, manager (agent) is responsible unless he proves his innocence (diminished fiduciary possession) or he is not responsible unless the principle proves his fault (intensified fiduciary possession). Besides, in case of any doubt, which kind overrules? Further, dividing responsibility manner among various responsible persons such as directors’ board members and executive manager needs some discussion. Dividing fiduciary possession into diminished and intensified is a result derived from amalgamation of stages of truth and established judicial situation, i.e., from amalgamation of civil evidence with commerce law. There are clear signs for it in Commerce Act. This research shows that the Legislature as in the Commerce Act has deemed agent’s possession of company’s property as diminished fiduciary possession; in the BACAI as well it has not principally changed its mind in respect to directors board members’ and executive manager’s possession into intensive fiduciary possession but annual audition and financial clearance have disrupted possibility of applying the diminished fiduciary possession. In case responsible persons were more than one, responsibility would be divided proportionally and if there was no reason to the contrary, proportions would be equivalent.Obviously, determining manner of board members and executive manager’s possession can respond to a variety of issues about manner of their responsibility. Separation of fiduciary possession into diminished and intensified and setting the diminished fiduciary possession as principle is also helpful in this case, and in the first step, it determines that board members or executive manager are plaintiff or respondent of the lawsuit. Obviously, intensified possession in which responsibility continues to be based on fault should not be confused with guarantors possession in which liability is not based on fault. Although fiduciary possession can be converted into guarantors possession, and moment of this conversion can be determined by resorting to the principle of the lateness of the event. Diminished fiduciary possession, including customer’s possession, mortgagee’s possession and tenant’s possession may also become intensified due to unwanted staying of property at the possession of fiduciary; As we can see in the non-delivery of the cargo from the transport operator, the non-appointment of the successors of the board members with the expiration of their term of office, or in exercising the right of bailment of the transport operator. In fact, just knowing that the responsibility of board members and executive managers is based on fault has not been enough to respond to the relevant issues.The legislator considers fiduciary possession of an attorney (or representative) to be a diminished fiduciary possession, i.e. the attorney is liable for the property he has been entrusted with unless he proves his innocence. Therefore, Commerce Act too considers the manager's possession on the properties of different types of companies, including limited liability, general partnership, limited partnership, joint stock partnership, and proportional liability partnership as diminished fiduciary possession. In the 1968 amendment bill and the Cooperative Sector Act, despite the inconsistencies in the amendment bill, the legislature has not promoted its view on the members of the board of directors and the executive manager’s possession to intensified fiduciary possession but annual audits and account clearances have impaired the possibility of applying diminished fiduciary possession In such a way that after auditing and approving the balance sheet and profit and loss account for each year, for that year possession is considered as intensified fiduciary for the board of directors and executive manager, that is, they are assumed to be clean for that year unless their dishonesty and culpability are proved. This can also be extended to the companies contained in the Commerce Act. In the event of a multiplicity of responsible persons, responsibility will be proportional and in the absence of the opposite reason, proportions would be equal.There is no funding support.
alireza salehi
Abstract
The Concepts of General and Special are crucial issues in jurisprudence and statutes, that is, many provisions in statutes lay down on this basis. There is a well-known maxim which states that no General exits unless it is limited with a Special.The question of whether the general phrase is acceptable ...
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The Concepts of General and Special are crucial issues in jurisprudence and statutes, that is, many provisions in statutes lay down on this basis. There is a well-known maxim which states that no General exits unless it is limited with a Special.The question of whether the general phrase is acceptable after narrow phrase and whether the ambiguity of special conveyed to general as well as fulfillment of suspicious via practical rules in subjective suspicious and in generality rule in non-suspicion at narrow phrase, is subject to great controversy and debates. This article deals with this issue by conducting a comparative study and considering the reasoning on which courts’ judgments are based. Then, it proposes some jurisprudential solutions for the purpose of convergence and finally, it concludes that there is obvious difference between collective general and floated general phrase and in subjective suspicion the wholly evidence, the wisdom as an independent source have value and no difference among other verbal specials.
Mehdi Zahedi; Ebrahim Chavoshi Lahrood
Abstract
The legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectual ...
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The legal status of intellectual things has three different time periods from the time of creation to the beginning of the period of protection and after that. The status of intellectual things in terms of property from the time of creation until they fall under the protective umbrella of intellectual property rights and after the expiration of the protection period, as well as what economic rights have intellectual things outside the scope of intellectual property rights, is the subject of this article. To answer this question, with a descriptive-analytical method and based on library studies, the legal status of intellectual things was investigated in two periods before and after the protection and the effect of real and contractual monopoly on mentioned things and concluded that things As long as they are under the customary dominion of the creator, are considered property and belong to the creator, and after the period of protection, they are not in the public ownership of the society of a country but are considered a part of the common heritage of humanity, that is not limited to the territorial borders of countries, and no private, governmental, or public persons have the right to own and create a monopoly whether real, legal, or contractual over it.
Mahdi Ghabouli dorafshan; Saeed Mohseni
Volume 2, Issue 7 , March 2015, , Pages 131-155
Abstract
Pre-contract negotiations usually lead to the conclusion of contracts. The principle of party autonomy also applies to the preliminary stages of contract formation. By considering this principle, two questions may arise: i) On which basis, pre-contractual liability may be justified? ...
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Pre-contract negotiations usually lead to the conclusion of contracts. The principle of party autonomy also applies to the preliminary stages of contract formation. By considering this principle, two questions may arise: i) On which basis, pre-contractual liability may be justified? ii) What are the consequences of pre-contractual liability? This article conducts a comparative study under French law, Iranian law, UNIDROIT Principles of International Commercial Contracts and Principles of European Contract Law. It concludes that in French law, breaching the good faith obligation and the concept of fault are the basis of liability, and in Iranian legal system, depending on circumstances of the case concerned, general bases of civil liability, such as Tasbib, La Zarar, Ghorour and fault may be regarded as the basis of pre-contractual liability. In any event, if conditions for imposing pre-contractual liability are met, the party breaking off negotiations would be obliged to compensate for damages covering all losses incurred except for the merely probable benefits resulting from the contract.
