Private Law
Mohammadreza Pasban; Abbas Toosi; Mohammadreza Mazaheri
Abstract
In the era of rapid technological progress, companies which are important and influential pillars in society, cannot continue their existence with the same old slow methods, commensurate with the speed of impact of technology, especially smart technologies on society, and they should think about using ...
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In the era of rapid technological progress, companies which are important and influential pillars in society, cannot continue their existence with the same old slow methods, commensurate with the speed of impact of technology, especially smart technologies on society, and they should think about using the new and more agile ways of directing the corporation. As the working environment of companies has become more complex, which is caused by the need to process large amounts of information and data and make faster decisions, and on the other hand, scandals caused by the improper performance of company directors, Trust in directors has been weakened. Restoring this trust requires the selection of directors who are far from personal interests and bias and perform their duties with enough loyalty and care. In such a situation, the characteristics of artificial intelligence have attracted the attention of company directors and corporate law experts to the possibility of using it as a director of commercial companies, and in scientific circles, the question of whether AI can be used as a director in the economic and social sectors, especially in commercial companies has become a hot debate. However, the entry of artificial intelligence into the board of directors faces challenges that mostly arise from the autonomy and different characteristics of autonomous artificial intelligence from the technologies before it. The competence to accept the position and how to perform the fiduciary duties and obligations of directors, as well as identifying the regime of responsibility, are the most important challenges in choosing artificial intelligence as a director. The approach and purpose of the article is to explain the competence and the possibility of performing the duties and obligations of directors by artificial intelligence and to identify the efficient responsibility regime, to the extent of proving the possibility of becoming a director. In this regard and in the upcoming article, by studying and reviewing the opinions of artificial intelligence experts and lawyers, it has been compared the performance and characteristics of artificial intelligence and human directors and identified the capabilities of artificial intelligence in the position of a member of the company's board of directors. Regarding the eligibility to accept the position of directorship, it can be said that artificial intelligence, like humans, whose natural characteristics enable them to perform the actions of a representative, has the practical ability to become a director and perform duties as a representative of the company and can adjust its performance to achieve a clear goal that is the company's goal, in a way that we can say it intends. Although artificial intelligence has the practical ability to represent the company, but in order to become a director, only practical ability is not enough and there must be a legislative prescription. In this regard, it is necessary for the domestic legislators and international institutions, considering the capabilities and characteristics of artificial intelligence, to pass laws in order to identify the legal competence for it. Regarding the performance of duties and obligations of directors, due to the characteristics of artificial intelligence, including autonomy, logic, creativity and the ability to make decisions very quickly in complex and difficult situations and process a large amount of data and information, without human intervention, Artificial intelligence has the possibility to make decisions as a director and perform the tasks of directors. The authors' point of view is that with the legal design and coding of artificial intelligence, based on the established standards of company law regarding the duties of directors, artificial intelligence can fulfill the fiduciary duties of directors, away from conflicts of interest and bias, and with sufficient transparency and care. Regarding responsibility, although this technology is new and rapidly growing, most of the currently accepted principles and laws regarding responsibility are still applicable and there is no need to adopt a new approach to responsibility. However, considering the speed of artificial intelligence development, a responsibility regime must be described and implemented that does not lag behind the growth of technology and can act quickly in order to compensate for the damages. On the other hand, considering the risks that identifying any personality for AI will bring, an approach should be taken in the area of responsibility that always the developer or the company using AI as a director is accountable for the actions of artificial intelligence. It seems that a combination of legal regime and compensatory regime can solve the problem of responsibility. In the legal regime, responsibility instead of artificial intelligence and during judicial proceedings is attributed to the developer or company using AI as director, and in the compensation regime, losses are paid through compulsory insurance or a compensation fund or both. The compensatory liability regime increases the speed of compensation because the problems and slowness of the legal regime do not occur, and ensures the damages without entering into the judicial process. Finally, given the topics discussed in this article, AI has important capabilities that make it a good option to be a director. This approach is especially important for countries facing aging populations, migration of directors to more advanced countries or facing cruel sanctions from other countries. Therefore, the legislator should make the necessary regulations to allow companies and The community can benefit from the artificial intelligence as a member of the board of directors.
Habibolaah Rahimi; Mohammad Ghasem Hajiyan
Volume 2, Issue 7 , March 2015, , Pages 89-118
Abstract
One of the most important and practical topics in civil liability is driving accidents. This article considers elements of civil liability for driving accidents, and examines some rules regarding this issue. Economic analysis is one of the main methods which help legislators and policy ...
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One of the most important and practical topics in civil liability is driving accidents. This article considers elements of civil liability for driving accidents, and examines some rules regarding this issue. Economic analysis is one of the main methods which help legislators and policy makers to seek for effective rules and regulation. Although numerous researches have been carried out in relation to this area, their analysis is not based on local law. The goal of this article is, rather, to elaborate major elements of civil liability for driving accidents by conducting an economic analysis based on local law.
Ebrahim Dianatinasab
Volume 2, Issue 5 , February 2014, , Pages 97-120
Abstract
AbstractIn the late 1950s, some contracts were invented in the field of armaments sale whichlater their usages became common in sale of expensive hi-tech items such assatellite, submarine, military and commercial aircrafts. The purpose of the offsetcontract is to reduce stress and unpleasant economic ...
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AbstractIn the late 1950s, some contracts were invented in the field of armaments sale whichlater their usages became common in sale of expensive hi-tech items such assatellite, submarine, military and commercial aircrafts. The purpose of the offsetcontract is to reduce stress and unpleasant economic or political consequenceswhich are originated from macroeconomic costs spent for exporting the expensiveitems. In these contracts which are known under the title of “offsets”, “industrialpartnership”, “industrial compensations”, the shopper -who usually is government- purchases the services and expensive industrial goods provided that series ofremedial and reciprocal commitments are conducted by another party. Theinteraction between the purchase and remedial obligations, makes these formulascomplex. In this essay, not only am I going to explain a short story, concepts, statusof the offset contract in mutual trade, types of offset contracts, mutual and remedialexporter’s obligations, but also I am going to examine the nature and relation ofsuch contracts under the title of complex contract while having a legal analysisapproach.
Alireza Fasihizadeh
Abstract
In Iranian law, the declaration of insolvency is treated as "insolvency action". Thus, it is reasonable to expect that this action complies with the principles of trial and the legal rules. The fact is that the non-compliance with the fundamental principles is a violation of judgment. However, ...
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In Iranian law, the declaration of insolvency is treated as "insolvency action". Thus, it is reasonable to expect that this action complies with the principles of trial and the legal rules. The fact is that the non-compliance with the fundamental principles is a violation of judgment. However, by examining existing rules and regulation, it becomes clear that in insolvency action proceedings and the decree of insolvency, many principles of trial and general legal rules are not abided by. After a brief introduction of the insolvency action and its governing law, this paper examines the instances of legislator's ignorance and pertinent reasons . In the insolvency action, the legislator has been renounced of the principles such as persons’ insolvency, financial claim disputes, correlation of permission to thing with permission to its concomitants, authority of res judicata, competence of court of domicile, and rules such as kinsman’s liability, privity of judgments, the validity of the judgment and insolvent’s compliance with bankruptcy system.
Sam Mohammadi; Mehdi Fallah
Abstract
To understand the principle of freedom of contract and its moral basis as well asits source in our jurisprudence and law, we must not seek this principle injurisprudential texts. The examination of moral principle shows that theprinciple is embedded in its concept. These rules are freedom of contractformation ...
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To understand the principle of freedom of contract and its moral basis as well asits source in our jurisprudence and law, we must not seek this principle injurisprudential texts. The examination of moral principle shows that theprinciple is embedded in its concept. These rules are freedom of contractformation and freedom of forms. This paper just argues that the most importantrule set forth in the principle of freedom of contract means freedom of formsbecause of the extension of subject. By exploring verses, reports, Jurisprudentialand legal sources, it can be stated that the rule of freedom of forms embedded inthe principle of freedom of contract is rooted in moral principles, such asgeneral principle of loyalty to the covenant and compliance of action with intentthat entered into legal system in the form of freedom of contract principle afterbeing adjusted and reformed.
Mohsen Sadeghi; Mahmood Jafari Chaleshtori
Abstract
As a result of the advancement of technology, using the patent and the
relationship among inventors have been developed. These factors have put
forward a new type of contract called “patent pools”. Pool is a means to
manage and commercialize the patent. Pool is a collective management ...
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As a result of the advancement of technology, using the patent and the
relationship among inventors have been developed. These factors have put
forward a new type of contract called “patent pools”. Pool is a means to
manage and commercialize the patent. Pool is a collective management of
inventions resulting from legal-economic circumstances, such as patent thicket,
collaboration among inventors, increase in research activities, avoiding the
possible patent infringement, reducing transaction costs. By considering that
Iran is dealing with these agreements in its development stages, this article aims
to fill the gap in terms of literature. This article analytically examines related
literature by addressing this question: How can inventors, consumers and
society benefit from these contracts. In dealing with this question, cost-benefit
analysis is considered. This paper first defines the pool and its features, and then
analyzes its economic fundamentals.
Sam Mohammadi; mehran alamdari
Abstract
Guaranteeing the equality of the parties before the court is one of the most important characteristics of a fair judicial proceeding. In this regard, it should be said that each party has the right to be informed of the other party's evidences and claims, challenge those claims and state his own evidences ...
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Guaranteeing the equality of the parties before the court is one of the most important characteristics of a fair judicial proceeding. In this regard, it should be said that each party has the right to be informed of the other party's evidences and claims, challenge those claims and state his own evidences and claims. This right is recognized in both the Iranian and English legal systems, although there is no express statement of it in legal documents. By comparing the provisions of the two systems, this article tries to seek out and extract Principe du contradictoire in both systems. We will see that although Principe du contradictoire is originally a French principle, it is so closely connected with mandatory rules and internationally accepted principles that it is impossible to deny its existence in Iranian and English legal systems. It is certain that comprehending the nature and role of Principe du contradictoire in English legal system helps us find new aspects and discover unknown angles of this principle in our own legal system.
Bagher Ansari; Hussain Zand
Abstract
Although “Data” do not in principle come under exclusive protection andare subject of data-sharing principle, certain occasional benefits maynecessarily make them to be protected on an exceptional and sui-generisbasis. “Test data” fall within the scope of such exceptional cases.Protection ...
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Although “Data” do not in principle come under exclusive protection andare subject of data-sharing principle, certain occasional benefits maynecessarily make them to be protected on an exceptional and sui-generisbasis. “Test data” fall within the scope of such exceptional cases.Protection of test data carried out by countries are based on their largescalepolicies and in proportion to their extent of development. This hascaused a remarkable diversity in forms of protection. Protection of testdata has been considered in international instruments. The mostsignificant one is the Agreement on Trade-Related Aspects of IntellectualProperty Rights (TRIPS). Article 39.3 of TRIPS, in particular, deals withprotection of test data. This article first attempts to define test data and toreview necessity for tools of test data protection based on Article 39.3 ofTRIPS. Then, it proposes a suitable form of protection for Iran as adeveloping country.
Ghafour Khoeini; Atiyeh shamsollahi; Soheil Zolfaghari
Volume 2, Issue 4 , December 2013, , Pages 111-137
Abstract
AbstractThe judicial modification of contract as a result of decrease of moneyvalue is a legal- economic concept emerged due to the economic fluctuationin recent century. According to the legal, philosophical and the economicbasics presented for modification and decreasing money value, unfairpossession ...
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AbstractThe judicial modification of contract as a result of decrease of moneyvalue is a legal- economic concept emerged due to the economic fluctuationin recent century. According to the legal, philosophical and the economicbasics presented for modification and decreasing money value, unfairpossession seems to be a good basis, although the current legal systemhardly accepts it. It seems that the legislator has accepted the hardshipsresulting from decreasing value as a basis.Regarding its nature decrease in money value causes liability and it canbe compensated. The important point is possibility of maintaining thecontract at its own forms considering value decrease. So in some cases valuedecrease of money, modification will not be justifiable. Continuation of thecontract and keeping the agreed terms can be a suitable equivalent.
ali taghizade; amirpouya rashidi
Abstract
For the first time in the history of Iranian law, the Family Court in Wright as a special court was created by virtue of Family Protection Act of 19/02/2013. It should be noted that the drafting and approval of clear and unambiguous rules are necessary as much as the creation of such a court. One ...
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For the first time in the history of Iranian law, the Family Court in Wright as a special court was created by virtue of Family Protection Act of 19/02/2013. It should be noted that the drafting and approval of clear and unambiguous rules are necessary as much as the creation of such a court. One of the most important issues in this regard is the inherent jurisdiction of the Family Court as an exclusive court, and hence the legislator has a duty to set up clear and effective rules accordingly. However, the legislator has not taken an appropriate approach in this regard, since on the one hand, the scope of the jurisdiction of this court contains a number of issues not relating to family affairs, and on the other, important family issues have not been considered within the jurisdiction of the Court. This article has found that the method of verbal interpretation does not propose a solution to this problem. Therefore, by considering that the process of law reform is time-consuming and could lead to uncertainties, this article seeks a solution for the interpretation of hermeneutics in order to clarify the suitability of family law.
khalil Rouzegari َAghbolagh; Niavarani Sabber
Abstract
Foreign investment almost always has been made by legal entities which are recognized as investor in Iran's bilateral investment treaties (BITs) and these treaties extend their protection to them. Paying due attention to provisions of BITs in on hand and certain features of Iran legal system such ...
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Foreign investment almost always has been made by legal entities which are recognized as investor in Iran's bilateral investment treaties (BITs) and these treaties extend their protection to them. Paying due attention to provisions of BITs in on hand and certain features of Iran legal system such as old commercial code one may imagine that deficiencies resulted from the features probably cause certain legal problem for presence of the investors in Iran. This library oriented paper seeks to analysis fulfillment of Iran BITs with regard to private legal entities and to identify challenges may be faced by the entities when investing in Iran. It seems that Iran laws and regulations suffer from certain shortcomings which can be resolved by giving priority over provisions of BITs. Investors' concerns as to conformity of their behavior with Iran laws and regulations as a condition for enjoying legal and treaty protections justify the need of conducting such a research. In so doing we will focus on multiplicity of standard of determining nationality of companies, possibility of legal presence of sole-shareholder companies in Iran and the possibility of claim by locally registered companies against Iran in international arbitral tribunals.
mohammasdtaghi karimpour alehashem; Seyed Mohamad tagi Alavi; naser masoudi; mohammad mazhari
Abstract
The idea of non-existence of a contract has been considered along with the types of void contracts, called absolute and relative void. In recent decades, Iranian-French legal doctrines have been trying to abandon this theory and to theorize only on the basis of two parts of absolute and relative. Nevertheless, ...
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The idea of non-existence of a contract has been considered along with the types of void contracts, called absolute and relative void. In recent decades, Iranian-French legal doctrines have been trying to abandon this theory and to theorize only on the basis of two parts of absolute and relative. Nevertheless, since the past decades, French judicial practice has been referring to this theory with no hesitation. Since the foundation, content and regulation of this type of invalidity are different from invalidity in other cases, it is not appropriate and logical to treat the both in the same manner. Therefore, for the purpose of accepting this theory, this article emphasizes on the necessity of accepting this theory in Iranian and French law, and outlines some of its technical and practical benefits, including the effects of this theory, which takes into account terms and conditions of transactions. At the same time, my view of accepting the theory is important in terms of its application
Tayebeh Saheb; Abbas Moradi
Abstract
In some civil law countries, creators of literary works have a special moral right titled withdrawal of publication. By virtue of this right, if the creator's opinions and believes change drastically after assignment of publishing right, he has the right to prevent further publication of his work and ...
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In some civil law countries, creators of literary works have a special moral right titled withdrawal of publication. By virtue of this right, if the creator's opinions and believes change drastically after assignment of publishing right, he has the right to prevent further publication of his work and stopping the circulation of his/ her work in the market. Also, in some legal systems, this right can be exercised for economic reasons in case of non-exploitation of the work by the publisher.Since the underlying principle of this right rests on the theory of personality, advocates of the right of withdrawal consider it as a suitable tool to preserve the creator's personality. In contrast, utility-based legal systems refuse to accept it because of its huge costs on publishers. This right is not explicitly recognized in the Iranian legal system. However, given that the foundation of literary rights in our country is mainly based on the preservation of creator's personality, and the right to withdraw is essentially the extension of right to disclosure, this article defends the insertion of this right in Iranian Legal system.
Seyed Mohammad Sadegh Tabatabaei; Yousef Barari Chenari
Volume 1, Issue 2 , February 2013, , Pages 117-136
Abstract
According to article 311 of Iranian Civil Code, the usurper is obliged to give back the substitute of usurped property to the owner under two subsequent conditions: the first one is in the case of loss of the usurped property; the second is the case of presence without the possibility to deliver. The ...
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According to article 311 of Iranian Civil Code, the usurper is obliged to give back the substitute of usurped property to the owner under two subsequent conditions: the first one is in the case of loss of the usurped property; the second is the case of presence without the possibility to deliver. The substitute in the first case is a substitute of loss, while in the second case it would be an intervening substitute (Badal Heilulah). Thus intervening substitute is due to the case of usurp, without the possibility of withdrawal, whether temporary or permanent.Such situation, raise the question of essence and regulations of intervening substitute and the question of ownership of its benefits in the different intervals of possession
mehdi zahedi; Mohammad Hossein Erfanmanesh
Abstract
Due to the need for legal action to protect traditional knowledge and medicine, efforts to prevent unauthorized use and to consolidate the possession of the owner countries on this knowledge have been made in the international arena. One of the key and most challenging proposed mechanisms for protection ...
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Due to the need for legal action to protect traditional knowledge and medicine, efforts to prevent unauthorized use and to consolidate the possession of the owner countries on this knowledge have been made in the international arena. One of the key and most challenging proposed mechanisms for protection of traditional knowledge and medicine is disclosure requirements through the sui generis system of traditional knowledge protection. According to this proposal which targets misappropriation of traditional medicine through patent applications involving the utilization of traditional knowledge, patent applicants would be required to disclose the country providing such resources, and to provide relevant information regarding compliance with prior informed consent and access and fair and equitable benefit. The question that this Article tries to examine is to what extent the disclosure requirement could provide effective protection for traditional medicine and prevent biopiracy? Also, as it is proposed that these requirement to be incorporated in TRIPS Agreement within World Trade Organization and draft articles for protection of traditional knowledge in World Intellectual Property Organization, this Article will analyses the process and challenges of both proposals.
Mahmoud Kazemi; Abbas Borzouei
Abstract
In Iranian Civil Law. like in Islamic Jurisprudence, in addition to puberty, the maturity is necessary in order to have capacity for carrying out transaction. The age of puberty is defined in jurisprudence; however, there is no specific age of maturity. Before the revolution in Iran , Article 1210 ...
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In Iranian Civil Law. like in Islamic Jurisprudence, in addition to puberty, the maturity is necessary in order to have capacity for carrying out transaction. The age of puberty is defined in jurisprudence; however, there is no specific age of maturity. Before the revolution in Iran , Article 1210 of the Civil Code determined the age of 18 as a criterion for maturity. After the Islamic Revolution, this provision changed under the pretext of conformity of the Civil Code with Islamic Jurisprudence. The text of this provision regards the age of puberty as maturity. However, according to note 2, when the maturity can be proved, it is possible to give him his properties. This conflict has led to debate and controversy. In this paper, the" maturity "is considered from jurisprudence perspective and it is concluded: First, the maturity is merely necessary for the possession of financial affairs. Second, there is no consistency between amendments made to Art 1210 and the view of majority in Islamic jurisprudence. Jurists do not accept the"puberty" as a presumption of maturity. Third ,the maturity is a common concept and it can be proved conventionally. For the purpose of proving it , there is no need for the decision of court
shaban haghparast; kourosh kaviani; hamed kahvand
Abstract
The question of validity of the legal rule is one of the original questions in the legal schools dealt with a variety of responses. This article aims to explain the process of establishing legal rules in the Permissible area. The main issues addressed in this article are: What is the nature of the permissible ...
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The question of validity of the legal rule is one of the original questions in the legal schools dealt with a variety of responses. This article aims to explain the process of establishing legal rules in the Permissible area. The main issues addressed in this article are: What is the nature of the permissible area, why is there the Permissible area and how to adopt a legal norm? These issues have been evaluated in this article through descriptive and analytical research methodologies. Permissible area is an area in Islamic Sharia Law in which legal rules are established through the rational method and they are based on the concept of "expediency". Although the legal rules have a hypothetical nature, they are not pure hypothetical rules. Regardless of whether the legal rules are based on a hypothetical or real nature, "ultimate cause" could explain the connection between real proposition and legal rules. The advantage and disadvantage of the criterion of the legal rules depends on whether they are appropriate or inappropriate for the expediency". Religious interests, including the expediency of binding ordinances, the goals of religion and ethical issues, are among the issues that should be considered by the legislator in the process of legislating in the Permissible area.
Reza Khodkar; MOHAMMAD SAGHRI
Abstract
In stock companies, the adoption of the rule of the majority and making decisions on this basis are rooted in political thoughts; however, the sustainability of this rule depends on economic analysis. From the perspective of economic analysis, an optimal rule is a rule that leads to the realization ...
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In stock companies, the adoption of the rule of the majority and making decisions on this basis are rooted in political thoughts; however, the sustainability of this rule depends on economic analysis. From the perspective of economic analysis, an optimal rule is a rule that leads to the realization of efficiency and cost reduction. The rule of the majority amounts to efficiency in a sense that it increases wealth and reduces the cost of decision-making. In turn, reducing the costs of decision-making will increase profits and generate wealth. In addition to achieving efficiency, an optimal legal basis should also lead to equilibrium. In some cases, the rule of the majority results in the collapse of a balance between majority and minority shareholders. Therefore, although the application of this rule in the light of stock companies can be effective, rules are needed to create a balance between minority and majority shareholders. Amongst the rules laid down in this regard, the principle of shareholders freedom in transferring its share and leaving the company could be considered.
Bizhan Haji Azizi; Shahrzad Ghafghazi ol asl
Volume 3, Issue 8 , April 2015, , Pages 121-136
Abstract
There are some cases in which spouses cannot give birth naturally and conception occurs by insemination of father’s sperm and mother’s egg in laboratory. If the insemination is done after the father’s death, the question is whether the baby, who has been born by inseminating, ...
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There are some cases in which spouses cannot give birth naturally and conception occurs by insemination of father’s sperm and mother’s egg in laboratory. If the insemination is done after the father’s death, the question is whether the baby, who has been born by inseminating, has the legitimate lineage and inherits from the dead father or not. This article shows that the legislator has accepted, in some provisions such as Article 875 of the Iranian Civil Code, condition subsequent to fetus inheriting, and has considered criteria for identifying the parentage creating a human from mother’s egg and father’s sperm. It is believed that if the fetus is born alive, he will inherit from his father. Thus, as far as law is concerned, the fetus will inherit from his dead father.
Homayoun Mafi; Meysam Rameshi; Ali Bagheri
Volume 3, Issue 10 , March 2015, , Pages 121-140
Abstract
Incidents may occur during the performance of the contract which prevent oneor both parties from performing his obligations, even though the parties do nothave any role in causing such incidents. Art 79 of the CISG deals with theimpossibility of the performance of the contract as a cause of exemption ...
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Incidents may occur during the performance of the contract which prevent oneor both parties from performing his obligations, even though the parties do nothave any role in causing such incidents. Art 79 of the CISG deals with theimpossibility of the performance of the contract as a cause of exemption fromliability for damages arising from a breach of contract. In some cases, thecircumstances, which have been the basis of the contract balance at the time ofcontract formation, change and subsequently the performance of the contractbecomes difficult. The CISG contains no specific provision dealing withhardship (Ta'assor) and related exemptions. Therefore, a question arises as towhether the CISG covers such cases. There are different doctrinal views andjurisprudence which will be discussed in this article.
Hamid Reza Olomiyazdi; Yasaman Azadi
Volume 3, Issue 11 , June 2015, , Pages 121-148
Abstract
“Terms of Reference” is one of the important documents that should beproduced in some international arbitration. There are various views regardingthe question of whether the terms of reference is a new arbitration agreement oris just a procedural requirement in the process of arbitration. ...
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“Terms of Reference” is one of the important documents that should beproduced in some international arbitration. There are various views regardingthe question of whether the terms of reference is a new arbitration agreement oris just a procedural requirement in the process of arbitration. However, it is aseparate document which differs from the arbitration agreement. Terms ofreferences is commonly known as a feature of arbitration Under InternationalChamber of Commerce Rules of Arbitration and could also be seen in someother arbitration rules. According to ICC Arbitration Rules, it is compulsory forthe parties and the arbitral tribunal to set the Terms of Reference, but undersome other arbitration rules, such as Japan Arbitration Association, it isoptional. Terms of references should be prepared and signed by the parties andarbitrators as soon as the file is handed over to the arbitral tribunal. The mainfunction of this document is to determine the issues on which the arbitraltribunal should concentrate during the arbitral proceeding. This paper examinescontent and legal status of Terms of reference in commercial arbitration andconcludes that the Terms of References could, to a great extent, facilitate andincrease efficiency and accuracy in both institutional and ad hoc arbitration
Ali Moghaddam Abrishami; Khadijeh Jamalinia
Abstract
In order to deal with existing problems in relation to documentary credit and electronic documentary credit, International of Chamber of Commerce (ICC), in cooperation with Swift and ISO, strived to adopt a new payment system, called: Bank Payment Obligation (BPO). The main part of the BPO relates to ...
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In order to deal with existing problems in relation to documentary credit and electronic documentary credit, International of Chamber of Commerce (ICC), in cooperation with Swift and ISO, strived to adopt a new payment system, called: Bank Payment Obligation (BPO). The main part of the BPO relates to data presented electronically to the bank by the seller. The role of the bank is to transfer the data to Trade Matching Application (TMA) in order to comply with the terms of BPO and to clear the payment. The purpose of the BPO is to minimize the risks associated with traditional documentary credit system, and to reduce the time and cost for examining data and proceeding with the payment. By conducting a comparative assessment, this article aims to illustrate problems pertaining to documentary credit problems by examining the limitations of the documentary credit system, and to discuss whether the BPO could address these problems. Although it remains to be seen whether the BPO could be regarded as an appropriate system, it would seem that the BPO may not meet the needs of international trade.
seyyed mohammad sadegh tabatabaei
Volume 3, Issue 9 , December 2015, , Pages 123-147
Abstract
The contract of surrogate mother is a contract in which a woman accepts to carry an embryo made of sperm and ovule of intended couple in her womb and delivers child after the birth. This new contract has posed a lot of questions, as far as jurists and lawyers are concerned. One of the most important ...
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The contract of surrogate mother is a contract in which a woman accepts to carry an embryo made of sperm and ovule of intended couple in her womb and delivers child after the birth. This new contract has posed a lot of questions, as far as jurists and lawyers are concerned. One of the most important issues in this regard is the determination of the legal nature of the surrogate contract, since the issue of the legal framework of the contract adaptable with the common will of the parties has a significant impact on the determination of the legal relationship between the parties. Jurists and lawyers suggest and examine some legal structures, such as lease, award, loan, deposit and innominate contracts, as proper structures for this contract. This article discusses conclusion of the surrogate mother contract through the above-mentioned legal structures. It argues that the legal nature of this contract cannot be based on nominate contracts, and therefore, it can be justified on the basis of article 10 of the Iranian Civil Code.
Mahdi Zahedi; Mohammad Hosein Erfanmanesh
Volume 1, Issue 3 , March 2013, , Pages 125-149
Abstract
Akin to other inventions, new methods need to be devised allowing forregistration of pharmaceutical dosage regimens in much the same way asother patents. In doing so, there are two main challenges ahead. First,whether these dosage regimens, excluded expressly from the list ofpatentable products in Europe, ...
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Akin to other inventions, new methods need to be devised allowing forregistration of pharmaceutical dosage regimens in much the same way asother patents. In doing so, there are two main challenges ahead. First,whether these dosage regimens, excluded expressly from the list ofpatentable products in Europe, may in fact be considered as a novel therapymethod? And second, given that ingredients and composition of such patentsare no longer an innovative secret, whether sole variation in their usagedosage may possibly fall within the scope of novel inventions?The answer to the above controversial questions have been the notion ofchallenge addressed by several European patent forums. This article willreview the approaches adopted by European Patent Administration indealing with recent trends introduced on the topic of new customized dosageregimens
Mohammad Mansouri; Mohamad Mahdi Asharif; Sayyed Mohammad Sadegh Tabatabaie
Abstract
Due to the wide scope of compromise contract, in addition to most nominate contracts, innominate contracts can be concluded with title of compromise contract. But is any agreement outside the nominate contracts necessarily considered to be compromise contract and does it not need to be intended as a ...
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Due to the wide scope of compromise contract, in addition to most nominate contracts, innominate contracts can be concluded with title of compromise contract. But is any agreement outside the nominate contracts necessarily considered to be compromise contract and does it not need to be intended as a compromise contract or its content and its nature to conclude it? Does compromise have its own particular content that must be intended like the other nominate contract, or is it characterized by not having a framework? Some jurists believe that the compromise contract has a concept equivalent to article 10 of civil law and notwithstanding the compromise contract which covers all innominate contracts, article 10 is not required. In addition to opposing the viewpoint of synonymy of compromise contract and innominate contracts with religious jurisprudence and civil law who regard compromise as having a specific content. For the following reasons this view cannot be accepted and compromise contract and innominate contracts must be considered two different concepts. Firstly: A type of agreement can be considered as compromise contract in which outcome of contract includes agreement, not every agreement out of nominate contract. Secondly: Compromise contract can be substitute of the nominate contracts, while innominate contracts cannot. Thirdly: Compromise contract is necessarily irrevocable contract and innominate contracts may be revocable contract. Fourthly: In compromise based on negligence, detailed knowledge is not required, but in innominate contracts, essential conditions, including detailed knowledge, are required. The only instance in which an innominate contract can be considered as compromise is one that denotes resolving or preventing conflict
