Shokat Shayesteh; Mohammad Hbibi Majandeh
Abstract
If there is a foreign factor in intellectual property disputes, then the matter of choice-of-court and choice-of-law will be arisen. The most important question in the parties’ minds is that whether they can choose the competent court and applicable law by agreement and also prevent from the complicated ...
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If there is a foreign factor in intellectual property disputes, then the matter of choice-of-court and choice-of-law will be arisen. The most important question in the parties’ minds is that whether they can choose the competent court and applicable law by agreement and also prevent from the complicated and vague process of the forum interference. The freedom of choice is accepted as a principle in the determination of competent court and applicable law in the intellectual property disputes and there are few exceptions. According to all international documents the choice-of-court agreements will cause exclusive jurisdiction unless otherwise is specified. Those agreements shall govern all rules except those of subject-matter jurisdiction. Choice of law is valid in IP contracts but there are hesitations over the ownership and infringement of IP rights. According to the most acceptable opinion, choice of law on the ownership of intellectual property including existence, validity, duration, infringement, assignment, … is not valid because of imperative nature of regulations over those subjects. Also choice of law on infringement can be enforceable only after the commitment of infringing act.
Hadi Aghapour hodein bieghi; jafar Nory Yoshanloey; Mokhtar Neam
Abstract
Advances in science and its developments in today's world for the better production of goods have led to the development of new theories and solutions that may also pose risks in the products offered to consumers, but current human knowledge can not recognize it. While the present study proves that the ...
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Advances in science and its developments in today's world for the better production of goods have led to the development of new theories and solutions that may also pose risks in the products offered to consumers, but current human knowledge can not recognize it. While the present study proves that the advancement of science simultaneously leads to the discovery of defects and dangers of these goods, and legal knowledge should provide appropriate coverage to compensate for the damages caused by them. Therefore, the issue of coverage of damages due to development risks is one of the most challenging issues in the field of civil liability that has been studied in most legal systems, but in Iranian law and jurisprudence, the risk of technology development and liability has remained silent. Therefore, the nature and characteristics of development risk with a descriptive and analytical method are studied in detail in this article and the possibility of covering such risks in a restorative and preventive manner in the form of compulsory insurance, compensation guarantee fund, punitive damages, issuance of prohibition agreements, and The application of the precautionary principle has also been proven
Esmat Golshani; Seyed Mahdi Hosseini Modarres
Abstract
Traditionally, in the legal system of France, the fundamental change of circumstances at the time of conclusion of a contract and its impact on the contract and parties to the contract raised two reactions. 1) A legal rule which specifically pertains to the fundamental change of circumstances at the ...
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Traditionally, in the legal system of France, the fundamental change of circumstances at the time of conclusion of a contract and its impact on the contract and parties to the contract raised two reactions. 1) A legal rule which specifically pertains to the fundamental change of circumstances at the time of conclusion of the contract, namely “imprévision”, which was mostly applied in administrative contracts 2) the other concepts which are not specified to the fundamental change of circumstances at the time of conclusion of the contract, however, they were applied in specific conditions, to avoid inappropriate results arising change of circumstances at the time of conclusion of the contract. Finally, As a result of the efforts of doctrine and the judicial precedent in France, the French Civil Code has been amended in 2016; so that the imprévision theory has been explicitly recognized as a rule of general rules of contracts in private contracts. This research will provide a comprehensive picture of how French legal system reacts toward the fundamental change of circumstances by means of analyzing these reactions and law amendments.
Gholam Nabi Feizi Chekap; Mohammad Hassan Mardani
Abstract
< p >The Rotterdam Rules that has been ratified at 2009 is one of the most important rules with significant innovation in the regulations of international transport of goods by sea. The gradual development of the rules governing the basis of carrier’s liability since Multimodal Transport ...
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< p >The Rotterdam Rules that has been ratified at 2009 is one of the most important rules with significant innovation in the regulations of international transport of goods by sea. The gradual development of the rules governing the basis of carrier’s liability since Multimodal Transport Convention 1980 to the UNCTAD/ICC Rules 1992 and then the Rotterdam Rules 2009 are discussed in this paper. While according to Multimodal Transport Convention 1980, presumed fault, was accepted as the basis of carrier`s liability, and the majority of scholars claim that the basis of liability in UNCTAD /ICC Rules 1992 is the same (presumed fault), in practice the burden of proof in both groups of the above-mentioned Rules is on carriers and they are practically subject to presumed liability. The Rotterdam Rules is based on the new structure in assigning the burden of proof to each party, and the basis of liability. While the other previous regulations governing the multimodal carriage of goods comply with certain liability basis, in Rotterdam Rules, this liability is the combination of presumption of liability and presumption of fault, and tort law which alternatively change at each stage. Therefore, carriers in some cases have to prove lack of their fault, and in some cases, lack of their liability, and in some assumptions, the claimant has the responsibility about the burden of proof, and not the carrier. < p >
Private Law
Ebrahim Shoarian Sattari; Mehrdad Etemad Gharamaleki
Abstract
One of the most pivotal and practical subjects of contract law is whether one may dispose of his or her contractual obligations through the issuance of negotiable documents. This article focuses on the issuance of such instruments as a cheque in the performance of monetary obligations when the issuance ...
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One of the most pivotal and practical subjects of contract law is whether one may dispose of his or her contractual obligations through the issuance of negotiable documents. This article focuses on the issuance of such instruments as a cheque in the performance of monetary obligations when the issuance is dishonored. In fact, the question is whether the issuance and delivery of such instruments convert a civil law obligation into an obligation arising from the issuance of negotiable instruments or whether it is possible to rely upon the original obligation with all its guarantees and consequences. The statutes are silent on the matter. Scholars and jurisprudence are divided. This article comparatively examines various legal systems and international instruments like UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and by relying on the general principles enshrined in Article 3 of the Code of Civil Procedure, concludes that the better approach is the one that subscribes to the survival of the original obligations. It is hoped that this comparative study can set a model for our future legislative initiatives.
Behnam Noorzadeh; Fereidoon Nahreini; Mohsen Izanloo; Hasan Badini; Mohammad Khabiri
Abstract
"Third Party Ownership" is one of the restraint of Trade Law in Sport, whereby a third party acquires all or part of the player's economic rights for financing the player or injecting cash into the club. Contrary to the common perception in the field, this mechanism does not grant the decision-making ...
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"Third Party Ownership" is one of the restraint of Trade Law in Sport, whereby a third party acquires all or part of the player's economic rights for financing the player or injecting cash into the club. Contrary to the common perception in the field, this mechanism does not grant the decision-making power of the contract to a third party, and therefore, this will not lead to a type of slavery or curtail a player’s freedom. As the result, it will not result in the third party’s interference in implementation of the contract which is in breach of Article 960 of the Civil Code and Article 18 of the FIFA Regulations on the Status and Transfer of Players. In practice, various countries adopted different approached to the validity of this mechanism. The present study shows that by relying on economic efficiency and justice this mechanism merely entitles a third party to the player’s incomes in his future transfers without any unfair wealth transfer to third parties. FIFA regulations do not prohibit any investment by a third party, but they have banned him from influencing over club’s decisions. The mechanism could be introduced as a business model for football.
Ahad Gholizadeh Manghutay
Abstract
Civil Procedure Act deems securable not profit claim’s object itself but its equivalent. That Act once allows the defendant’s wage (equivalent of his profits) to be secured, but, later it accepts securing from lands and gardens outcome (profit itself). This is ambiguous. Civil Judgments Enforcement ...
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Civil Procedure Act deems securable not profit claim’s object itself but its equivalent. That Act once allows the defendant’s wage (equivalent of his profits) to be secured, but, later it accepts securing from lands and gardens outcome (profit itself). This is ambiguous. Civil Judgments Enforcement Act as well repeating the possibility of seizing losing party’s wages, seizing lands and gardens and non-following of seizing profits of immovable properties from their substance, brings about more complete relevant regulations. In addition, in Commerce Act security from equivalent of dividends of defendant’s stocks or shares or seizing those equivalents as well seizing profits possessed by bankrupt person have been set before. Attached profits are not separable from substance so they are not discussed here. Separable profits can be collectable or in current. Collectable profit is deemed as substance so it by itself can be secured or seized. Legislature’s not taking notice of this matter has led to this duality. As current profit gets moment by moment vanished and substituted, it ruins by security or seizure. Albeit, seemingly despite legislature’s ignorance judgment enforcement department can change in current profit into its equivalent and secure or seize that equivalent.
Abbas Ahadzadeh; Najadali Almasi; Saeed Habiba
Abstract
Patent rights and Trade Marks are potentially substantial assets to invest in various fields of developing industries. Article 1(d) Foreign Investment Promotion and Protection Act ratified by Iranian parliament in 2002 refer to those rights that could be the subject of foreign investment agreements in ...
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Patent rights and Trade Marks are potentially substantial assets to invest in various fields of developing industries. Article 1(d) Foreign Investment Promotion and Protection Act ratified by Iranian parliament in 2002 refer to those rights that could be the subject of foreign investment agreements in Iran. The question is that if there was an international factor in a security contract of a patent right, what conflict of law rule within the framework of well-known methods could achieve a definitive and, predictable solution. It seems that if there is not neither a mutual agreement nor the most closely connecting factor financially is other than the one referred to the Article 968 of Iranian Civil Code, merely recourse to the legal methods to resolve conflict of laws could be problematic. As a governing law on security interests in patent rights, this article attempts to propose a method of the conflict of law rule corresponded to fundamental features of intellectual property rights by referring to the classical rules of conflict of laws, fundamental economic features of security interests in intellectual property rights and recent international approaches, particularly, the UNCITRAL legislative guide of secured transactions.
Iraj Babaei; Shahin Shamiaghdam
Abstract
One of the main functions of evidence law is to demonstrate the applicable standard of proof. In some kinds of evidence, it is not the case because fact finders make decisions according to the probative value of the evidence. In other pieces of evidence, there may be a need to find a standard. Lawyers ...
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One of the main functions of evidence law is to demonstrate the applicable standard of proof. In some kinds of evidence, it is not the case because fact finders make decisions according to the probative value of the evidence. In other pieces of evidence, there may be a need to find a standard. Lawyers trained in common law systems often enquire about the applicable standard of proof but in civil law countries and particularly Iranian law it depends on the discretion of judges and there are no clear rules. Instead, fact-finding standards are based on some general principles. In common-law systems, the standard of proof requires in ordinary civil cases the party who bears the burden of proof to establish by a "preponderance of the evidence". In some other civil cases "Clear and convincing" evidence is the main standard and in criminal cases "Beyond all reasonable doubt". By using normative considerations of efficiency, on the one hand, we may argue and propose that as the main principle, multiple standards are more efficient and will better align decision-making with fact-finding goals than using a unique standard and on the other hand, the preponderance of the evidence and clear and convincing evidence may be regarded as main standards.
Mohammad Hadi Mirshamsi; Milad Hamedi
Abstract
Moral right is one of granted rights to author in literary and artistic property law. Unlike economic right which considers protection of financial and economic aspects of author's rights, the function of moral right is to protect author's Character creativity, immaterial aspects and social interests. ...
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Moral right is one of granted rights to author in literary and artistic property law. Unlike economic right which considers protection of financial and economic aspects of author's rights, the function of moral right is to protect author's Character creativity, immaterial aspects and social interests. Despite the attention of countries following copyright system to economic right and having utilitarian approach, necessities such as internal and international (like the results of accession to Berne Convention) requirements, compelled these countries including UK and US to accept moral right. However, this right in these countries has less important situation, more limited instances and time protection rather than countries following author's right system: for example, waiver of moral right in UK has been accepted extensively and the rights such as right of attribution and right of integrity are not applied about some works. Moral rights in Canada are limited into two rights of attribution and integrity and waiver of this right is allowed generally or partially. Australia has the most comprehensive statute on moral right, infringement and remedies about that. This research examines the causes of accepting moral right in copyright system through comparative study on some of countries following this system.
javad niknejad; javad niknejad
Abstract
A reasoned opinion is a decision that a judge and an arbitrator identify, analyze and describe all aspects of the action and the legal event. The purpose of the documentary vote is to find a legal framework for the event or legal act. Justification has the same meaning as reasoning, but it is different ...
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A reasoned opinion is a decision that a judge and an arbitrator identify, analyze and describe all aspects of the action and the legal event. The purpose of the documentary vote is to find a legal framework for the event or legal act. Justification has the same meaning as reasoning, but it is different from reasoning. Description is a legal technique that connects subject matter to judgment. In order to issue a verdict, the judge first examines the origin of the plaintiff's request and, by discovering the truth, describes the act and the legal event, and finally selects its legal form, and based on that, fulfill the sentence and issues the verdict. This research deals with the role, position and effect of reasoned, documented and justified opinion in ensuring judicial justice and the rights of the parties and guaranteeing the non-observance of these factors, which, as the case may be, is related to compensation for the damages, disciplinary violations and criminal offenses. Therefore, first, the concept and nature of reasoning, documentary, justification of the verdict, its examination and difference with the legal description of the case, and its effects are determined.
Mohammad Hassan Sadeghy moghadam; hojat allah moradi
Abstract
There is less interest in discrediting Jurisprudence in the context of mortgage. Even those who don’t consider the bill a condition of the validity or necessity of the mortgage, still oppose the interest mortgage. The reason for invalidating the interests of mortgages can't ...
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There is less interest in discrediting Jurisprudence in the context of mortgage. Even those who don’t consider the bill a condition of the validity or necessity of the mortgage, still oppose the interest mortgage. The reason for invalidating the interests of mortgages can't be divided in to two main categories. The first category is the reason that the bill is considered a condition of the mortgage. With the condition of knowing the bill and recognizing the interests of the debtor. The interests of mortgages are not automatically eliminated. The second group regardless of the condition of the bill consider mortgage as opposite of jurists property must have characteristics that an satisfy the ultimate desirability of mortgages in security, Because the interest bill is slowly being created. It is not possible to get it. But all these reason are disputed. The necessity to own the property id to the conditional of the bill. If the bill requirement is removed is removed the need for objectivity is also eliminated. Buying and selling money is not the only way to get money. This is because we can achieve this goal by renting property.
Ghanbari Mohammadjaber; Jalal SoltanAhmadi; Ebrahim Taghizaadeh
Abstract
The Transfer of debt in the Principles of European Contract Law is a tripartite agreement that may also be concluded between the original debtor and the new debtor. The existence of scattered provisions in Iranian law, especially assuming the formation between the transferor and the transferee, needs ...
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The Transfer of debt in the Principles of European Contract Law is a tripartite agreement that may also be concluded between the original debtor and the new debtor. The existence of scattered provisions in Iranian law, especially assuming the formation between the transferor and the transferee, needs to be investigated by the present study with aim to eliminate the shortcomings in the law and with descriptive-analytical method. The results show there is a relationship between the transferor and the transferee in three ways. First, the contract. The transfer of debt, even if it is made between the transferor and the transferee, will lead to the full substitution of new debtor, provided that there is the prior consent of the creditor. In addition, the contract concluded between the transferor and the transferee without the consent of the creditor will lead to the transfer of debt with incomplete substitution of new debtor, like a liability insurance. Second, the existence of debt. Third, the area of responsibility transferred to the transferee. principle is to transfer the debt to the transferee with the same characteristics as the original debtor. However, the liability of debt transferee may increase or decrease, such as a liability insurance.
Private Law
Javad Kashani; Jafar Damanpak
Abstract
For decades, companies involved in the petroleum industry are committed to complying with International Petroleum Industry Practices (IPIP) or similar terms in performing most of their obligations and operations. This paper examines the consequences of a breach of IPIP in light of reviewing dispute resolution ...
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For decades, companies involved in the petroleum industry are committed to complying with International Petroleum Industry Practices (IPIP) or similar terms in performing most of their obligations and operations. This paper examines the consequences of a breach of IPIP in light of reviewing dispute resolution methods in different regimes governing the upstream sector. Reviewing disputes and lawsuits related to the breach of IPIP suggests the different enforcement methods under the various regimes of operation in the upstream sector. With regard to the Iranian petroleum industry, using the results of this comparative study, it was shown that due to the contractual regime used in the relations between the National Iranian Oil Company (NIOC) and International Oil Companies (IOCs) involved in the development of the Iranian upstream sector, any dispute over IPIP as part of contractual terms will cause new risks by triggering the arbitration mechanism. It was also suggested that the preparation of IPIP in the form of precise documents and their periodical update by relevant authorities, including the Ministry of Petroleum, may reduce disputes between the contracting parties (NIOC and IOCs) and determine the latter’s scope of authorities related to selection and application of IPIP.
Ali Ghesmati Tabrizi
Abstract
Damages caused by natural disasters, which were formerly considered the result of the force majeure and were irreparable, are now compensable with the help of special legal systems. In addition to compensating the victims, these systems seek to prevent and reduce the effects of natural disasters in order ...
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Damages caused by natural disasters, which were formerly considered the result of the force majeure and were irreparable, are now compensable with the help of special legal systems. In addition to compensating the victims, these systems seek to prevent and reduce the effects of natural disasters in order to better manage the unpleasant effects of these Calamities. The Law on the «Establishment of the Public Insurance Fund of Natural Disasters» is an attempt to respond to public demand for security by the combination of compulsory insurance and governmental support to compensate for natural disasters. Nevertheless, it seems because of the long approval process and disregarding of the legal principles and practical experience of other countries, the legislature has failed to achieve its goals. The disordered basis, inadequate compensation, incomplete coverage, inattention to necessary financial resources, and the neglecting of preventive duties, in addition to not satisfying the victims, do not reduce governmental charges either. In this article, in addition to critical reviews of the Public Insurance an alternative solution to maintaining the insurance framework has been proposed to maintain the supervisory and supportive role of the government and effectively compensate for the adverse effects of natural disasters with the help of national solidarity.
mohammadreza kaykha; alireza abin
Abstract
Respect for property is one of the legal rules of law, and unlawful domination or unjust harm will render the offender liable. The intentional look and the importance of safeguarding the financial rights of individuals in the community and ensuring their rights in this area has led the legislator to ...
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Respect for property is one of the legal rules of law, and unlawful domination or unjust harm will render the offender liable. The intentional look and the importance of safeguarding the financial rights of individuals in the community and ensuring their rights in this area has led the legislator to adopt rigorous policies in the field, one of which is the crystallization of the rule of crystallization. Has found. As to the validity of this rule (relative to the ignorant or ignorant ruler), at least two competing currents of absolutism can be deduced from Imamiyah, Sunni, and Iranian law: In one sense, this rule is completely invalid and, with the new principles of civil liability The conflict is obvious. On the other hand, the validity of this rule is a matter of jurisprudence and law and its social necessities are backed. This descriptive-analytical study shows that in analyzing this rule one should choose the middle way and based on the presence or absence of a good intent element in the unauthorized occupant, a proper and proper conduit for the flow of the rule. The phenomena in which Sunni jurisprudence has been traced back to it have referred to the judgmental
AhmadReza Asaadinejad; Abdolhossein Shiravi; Mehdi Montazer
Abstract
In many Petroleum contracts, the parties put renegotiation clause in order to keep longtime balance, so that if the balance disrupted, the parties should be obliged to renegotiate in order to rehabilitate the contract balance. So if renegotiation process didn’t reach result, what will happen to ...
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In many Petroleum contracts, the parties put renegotiation clause in order to keep longtime balance, so that if the balance disrupted, the parties should be obliged to renegotiate in order to rehabilitate the contract balance. So if renegotiation process didn’t reach result, what will happen to the contract? Also in which circumstances the parties have right to recourse arbitration? Do arbitrators have the right to adjust the contract? In one side, keeping the balance was the first base of the agreement, and by disrupting the balance the continuation of contract would become unfair and in contrast with common intention, and on the other side, termination of the contract without party consent is impossible. In the absent of arbitration clause, one parties can recourse to the arbitration tribunal, so that the tribunal can arbitrate the case if it is deduced from implicit agreement or enforceable law that it has jurisdiction. In case of putting adjustment right for arbitrator, he can adjust it. otherwise, it can be understood from the first intention of the parties, economical logic, principles of international trade law and the principle of similarity of arbitrator and judge authorities that the arbitrator has right to use adjustment.
reza valavion
Abstract
Review of Article 892 of Civil Code on "Hujb-i Nuqsani" ('Partial Exclusion from Inheritance') Reza Valavioun[1] Date Received: 04 March 2019 ...
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Review of Article 892 of Civil Code on "Hujb-i Nuqsani" ('Partial Exclusion from Inheritance') Reza Valavioun[1] Date Received: 04 March 2019 Date Accepted: 12 Desember 2020 Abstract Our legislator has borrowed the term "Hujb-i Nuqsani" ('partial exclusion') from Imamieh jurisprudence, discussed it without any changes in article 886 of Civil Code, and then restated it in chapter 4 of Civil Code. In article 892 of Civil Law of partial exclusion from inheritance, the legislator has mentioned father as the partially excluded one. According to article 892 of Civil Code, when a dead person has children or descendants, parents of the dead person are deprived of inheriting more than one-third. However father is not among the partially excluded, and the legislator's sentence which contains an error, is due to adherence to Imamieh jurisprudence. And most authors of Civil Law, without reviewing the issue, have repeated the aforementioned error in their books.In this article, we have not only explained and clarified the error, but also suggested to omit it. The summary of this article is as follows:A: A child whether son or daughter decreases the mother's share from one-third to one-sixth.B: Father's siblings (under certain conditions) decrease mother's share and prevents the mother from inheriting the rest of the inheritance on the basis of the mother's actual share.C: A male child decreases the mother's share because it's unsuspected that the mother inherits the rest of the inheritance on the basis of her actual share.D: A female child does not prevent mother to inherit the rest of inheritance on the basis of her actual share.E: A child does not prevent the parents from inheriting the rest of inheritance. [1]. Assistant professor of private law, Allameh Tabataba'i University, Tehran, IRAN. Email: valaviounreza@gmail.com
Private Law
Jafar Shahand; Ebrahim TaghiZadeh; Abolghasem Naghibi
Abstract
Based on the famous opinion of jurists And the majority of lawyers, the first principle in seizures on other property is based on the guarantee possession And all kinds of domination over the people's property have been condemned to liability of unlawful possession and the order of special rules of usurpation ...
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Based on the famous opinion of jurists And the majority of lawyers, the first principle in seizures on other property is based on the guarantee possession And all kinds of domination over the people's property have been condemned to liability of unlawful possession and the order of special rules of usurpation considering the pure obedience of the legislator in enacting Articles 301 to 327 of the civil law, accepting the well-known opinion of the jurists in a general or general manner, this extremist view has been seriously criticized by the commentators of the civil law. And basically, the application of the rules of usurpation to non-aggression, in which the basis of possession and domination is based on ignorance of truth and error and lack of malice, is in clear opposition to the principles and rules of justice and fairness and the requirement of the principle innocence. Therefore, in this article an attempt has been made with the help of scattered jurisprudential and legal opinions and related legal materials in order to modify the popular opinion and explain the responsibility of non-aggressors based on the use of other sources of coercive guarantee take a step.
Hamidreza Nikbakht; Ahmad Hemati Kalvani
Abstract
Article 139 of the Constitution of the Islamic Republic of Iran, which restricts and binds the referral of litigation regarding public and State property to arbitration, for obtaining an approval from the government and the parliament, has led to different views and legal opinions. In general, they can ...
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Article 139 of the Constitution of the Islamic Republic of Iran, which restricts and binds the referral of litigation regarding public and State property to arbitration, for obtaining an approval from the government and the parliament, has led to different views and legal opinions. In general, they can be categorized into “literalist” and “realist” theory”. The result of literalist theory is that article 139 applies to any dispute that on the one hand, there is the State, and it has been agreed upon by arbitration and thus if any dispute exists, it will be resolved by arbitration in which, it should obtain an approval from the government and the parliament, otherwise, the arbitration will not be valid. According to this view, article 139, in general, is not economically beneficial for the State and therefore it must be thought upon. In contrast, there is the realist theory which can be a response to the literalist theory and holds that, with a rational and principled interpretation, the principle can be freed from the problems which are arisen by former theory and also the dynamics of principle 139 is useful for the State in terms of national interest
Private Law
seyyed Hasan hosseini Moghaddam; ali soleimani andarvar
Abstract
The digital revolution has led to growing smart goods, which today have become an important economic and social element. This has prompted the European Union to lay down provisions on the basic elements of the sale of goods, including material conformity of digital goods, in order to make the most of ...
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The digital revolution has led to growing smart goods, which today have become an important economic and social element. This has prompted the European Union to lay down provisions on the basic elements of the sale of goods, including material conformity of digital goods, in order to make the most of the existing capacity and economic growth of its member countries. The issue of material conformity of goods with the contract has always played a central role in domestic and international sales transactions. The mentioned directive, contrary to the domestic laws of most countries, provides a single concept of goods conformity and implements the same performance guarantee in case of non-conformity. But in Iranian law, there is no specific regulation on the subject of goods conformity, and it sporadically provides subtle distinctions on the subject of goods conformity, which has caused differences between lawyers and court opinions, and as a result, the lack of development of cross-border transactions. Therefore, the purpose of the present study is to determine the seller's obligations regarding the material conformity of digital goods with the contract by examining the aforementioned instructions and to analyze this situation in Iranian law. These studies showed that in the sale of digital goods, the subjective and objective requirements of conformity, in addition to the physical component of the goods, must also be present in its digital component, and the seller is committed to providing updates. However, there is no explicit text in this regard in Iranian law, but traces of these requirements can be found in scattered laws.
Private Law
Parviz Hajipoor; Ali Faghih Habibi; Tavakol Habibzadeh
Abstract
The principle of documenting, reasoning, and justifying the opinions of quasi-judicial authorities is one of the elements of a fair trial. Given that administrative decisions are linked to the public interest, the application of this principle in decisions and rulings issued by these authorities, as ...
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The principle of documenting, reasoning, and justifying the opinions of quasi-judicial authorities is one of the elements of a fair trial. Given that administrative decisions are linked to the public interest, the application of this principle in decisions and rulings issued by these authorities, as well as the oversight of the Court of Administrative Justice as a judicial body on the rulings issued by these authorities, can be necessary to evaluate the performance of the government and the judiciary against the public conscience of society. Examining the judicial procedure of quasi-judicial authorities and the Court of Administrative Justice, it seems that paying attention to the principles of a fair trial in general and monitoring the reasoning and documenting of opinions and decisions in particular, has not yet found its proper place. These principles and their importance have been mentioned in the jurisprudence of the Court of Administrative Justice, but this issue has not been considered by the quasi-judicial authorities. This issue has not yet reached its true place in the jurisprudence of the Court of Administrative Justice, and this issue has become more and more important due to the pervasiveness of fair trials in legal systems.
