Private Law
seyyed mohammad bojnourdi; Behnoush Falahatpisheh
Abstract
In the basics of contract law, the principle is that the parties to the contract are required to fulfill their obligations and any change or withdrawal from the contract requires the agreement of the parties or the existence of one of the legal termination cases. Despite the fact that contracts are binding ...
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In the basics of contract law, the principle is that the parties to the contract are required to fulfill their obligations and any change or withdrawal from the contract requires the agreement of the parties or the existence of one of the legal termination cases. Despite the fact that contracts are binding in some cases, the obligee may have the right to terminate the contract without the obligee's agreement, in order to avoid undue damages caused by the obligee's breach of contract. This right is called the right of initial termination of the contract. The right of early termination of the contract is a right that exists for the obligor without the prior obligation of the obligee to perform the obligation and obligate it to perform the same contract. This right is of special importance for the obligee because it gives him the right to waive his contract and release his contractual responsibilities if necessary. Iran's civil law is silent on the issue of termination for breach of contract, and according to Imami jurisprudence, the principle is that the right to terminate the contract is given to the obligee only with the agreement of the parties or the existence of one of the legal cases of termination. However, some jurisprudents, in certain cases, have believed in granting the right to early termination of the contract to the obligee, including the cases where the termination is justified, the following can be mentioned: if the obligee fulfills his obligation in a way to put the obligee at risk or if the obligee has a long-term delay in fulfilling his obligation. Among the jurists of Imamiyyah, there is no unanimous ruling on the execution of obligations or having the right to terminate, and in Iranian law, granting the right to early termination of the contract to the obligor, in order to protect his rights and interests and to reduce the amount of damage and to have proof of the negation of the damage is on the principle of necessity. It can be proved in some ways. For example, if the concluded contract contradicts the laws and regulations of the country, the obligee can have the right to terminate the contract early. According to international documents such as the Convention on the International Sale of Goods, the principles of the law of international commercial contracts, as well as the principles of the law of European contracts, the right of initial termination is accepted in the event of a fundamental breach of the main obligations. In the common legal system, the right to terminate the performance guarantee is a breach of contractual obligations, and the right to early termination of the contract to the obligee may be less seen due to the limitations that exist in these systems. In this system, due to the existence of strict laws in the case of keeping contractual obligations and adhering to them, the right of early termination of the contract to the obligee is less than in Imami jurisprudence and Iranian law. In the Roman-Germanic legal system, the right of early termination of the contract to the obligee depends on the terms of the contract and legal laws. The country may be restricted. In this legal system, more attention is paid to maintaining contractual obligations and communication with the obligee, and for this reason, the obligee's right to early termination of the contract is less than Imami jurisprudence and Iranian law. Paying attention to the comparative study of the feasibility of granting the right to early termination of the contract to the obligor, in Imami jurisprudence and Iranian law and common law and Roman-Germanic legal systems, it can be concluded that in these systems, the right of early termination of the contract to the obligee depending on the conditions of the contract and the legal laws of the country, they may have a more limited scope of implementation. In this research, the right of initial termination of the contract in Imami jurisprudence and Iranian law is compared to the common law and Roman-German legal systems with a case study of the laws of England as a subordinate country. The legal system of common law and France and Germany, two countries subject to the Roman-German legal system, have been comparatively examined. In English law, the right of initial termination is accepted in case of violation of obligations or the main conditions, and in French law, initial termination is also accepted in cases of violation. A serious obligation is subject to the obligee's notice, warning, and the expiration of the additional period. In German law, the exercise of the right of initial termination for the obligee is subject to the passage of time. A group has considered that the obligee is entitled to force the obligee to perform just by breaching the contract, which is the famous opinion of Imamiyyah jurists. Another group has preferred the right of rescission over coercion, and another group of jurists, like Imam Khomeini (may God bless him and grant him peace), have considered the obligee as benevolent in the acts of rescission or coercion, believing that the right of rescission and the right of coercion are the same. Various approaches have been adopted in Iran's laws, although the judicial procedure in this field is quite clear and gives priority to enforcement over termination of the contract.
Ali Moghaddam Abrishami; Khadijeh Jamalinia
Abstract
Numerous disputes have arisen from frauds and Errors in the process of documentary credit transactions. This issue has caused an obstacle in financing international trade law and Cash flow in banks. It also imposes a huge cost on the banks. International Chamber of Commerce has created a new payment ...
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Numerous disputes have arisen from frauds and Errors in the process of documentary credit transactions. This issue has caused an obstacle in financing international trade law and Cash flow in banks. It also imposes a huge cost on the banks. International Chamber of Commerce has created a new payment Method, called Bank Payment Obligation (BPO), in order to address this problem. By introducing an electronic system through Bank Payment Obligation, International Chamber of Commerce has endeavoured to deal with ambiguous and uncovered areas of documentary credit. To assess whether this new method (BPO) would be able to offer a solution to the problem of fraud and Errors in documentary credit transactions, this article examines documentary credit by discussing relevant case law and by identifying the extent to which Bank Payment Obligation would respond to existing problems. It concludes that although Bank Payment Obligation has a number of similarities with Documentary Credit, its structure and nature in optimal conditions would be able, to a large extent to prevent fraud and Errors in international payment and reduce disputes in this field accordingly.
Ebrahim Shoarian Sattari; Roya Shirin Beigpour
Abstract
A breach of an obligation is the requirement for imposing a contractual liability in all legal systems. Such a breach could be dealt with by a series of remedies such as specific performance, termination of the contract and claim for damages. These remedies could be relied upon concurrently as far as ...
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A breach of an obligation is the requirement for imposing a contractual liability in all legal systems. Such a breach could be dealt with by a series of remedies such as specific performance, termination of the contract and claim for damages. These remedies could be relied upon concurrently as far as they are cumulative in nature. Nevertheless, in some circumstances the adequacy of these remedies is in doubt to address such breaches and bad faith. In order to deal with such situations, some international instruments such as UNIDROIT Principles of International Commercial Contracts (UPICC), the Principles of European Contract Law (PECL) and also the Draft Common Frame of Reference (DCFR) have established some specific rules and imposed different and greater liability for breaching contractual obligations or bad faith in order to support the other party and have a deterrent role. In other words, the aggrieved party is not limited to anticipated damages, or in some cases it is possible to demand punitive damages. This article, through a comparative analysis, attempts to examine whether the same rules could apply under Iranian law or not.
Sayed Ali Khazaei; YASSER GHOLLAMI
Abstract
Preliminary agreement means an agreement that result from preliminary negotiations process for obtaining the ground of final and main contract conclusion. These preliminary agreements treat as steps towards achievement to the final contract and these preliminary agreements have different names and different ...
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Preliminary agreement means an agreement that result from preliminary negotiations process for obtaining the ground of final and main contract conclusion. These preliminary agreements treat as steps towards achievement to the final contract and these preliminary agreements have different names and different forms. In respect of legal analysis, we are encounter with this question: whether preliminary agreements are enforceable or not. In litigations happening around enforceability of preliminary agreements, similar judicial precedent did not exist in legal systems. In England law general approach is that preliminary agreements are not enforceable while U.S.A law trend to enforceability of them. In civil law countries preliminary agreements are enforceable. In Iran legal system if a preliminary agreement have all of essential terms expressed in article 10 of the Iran civil code and this agreement be considered an example of that article or be conditioned with irrevocable contract, will be enforceable. Otherwise such agreement considered as an independent condition that jurisprudently is not enforceable. American courts i pay attention to many factors as express statement, partial performance; open terms, typically written contracts and field of negotiations. Practicing these factors in Iran courts can be useful for clearing the ambiguities of Iran contract legal system.
Abas Qasemi hamed; Ebrahim sorkheh
Abstract
The traditional DBB system is one of the most important Project Delivery Systems. The consultant engineer services are provided to the employer under a contract. However, the nature of the work of the consultant engineer has made it impossible for the consulting engineer to be limited to the territory ...
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The traditional DBB system is one of the most important Project Delivery Systems. The consultant engineer services are provided to the employer under a contract. However, the nature of the work of the consultant engineer has made it impossible for the consulting engineer to be limited to the territory of the parties and the government, by adopting the rules and guidelines, has a significant share in determining such responsibilities and its scope. The general terms and conditions of the consulting services contracts are among these guidelines. In clause 2 of Article 26 of the aforesaid terms, the responsibility of the consulting engineer toward the employer has been extended to the time after the definitive taking over of the project. An approach based on the nature of the consultant is also considered in the laws of other countries. However, the clause mentioned the term "later" as a criterion for determining the timing of imposing a liability on the consultant engineer. Accordingly, justice and legal rules require that by relying on role of the custom in interpreting the laws, this clause is to be interpreted and the disadvantage should be resolved under the private terms of the contract. Keywords: Contractual Civil Liability, Consulting Engineer, Client, General Conditions of the Contract, Agreement and Uniform General Conditions of Consulting Service Contracts.
Seyed Mohamad tagi Alavi; hossein yousefi
Abstract
In contract law, general rule is that contractual obligation must be fulfilled in due date. Any breach of this rule either as a result of a delay or the lack of its implementation requires compensation. Undoubtedly, the time of contract performance is among the factors that has a direct effect on the ...
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In contract law, general rule is that contractual obligation must be fulfilled in due date. Any breach of this rule either as a result of a delay or the lack of its implementation requires compensation. Undoubtedly, the time of contract performance is among the factors that has a direct effect on the parties’ liability. Therefore, the obligation must be met in due date within the definite period. However, there is a possibility that under some circumstances, the performance occurs earlier than due date which is interpreted as an early performance. The question is whether it is possible to perform before the due date. Although some countries have a clear legal position in this regard, Iranian law does not consider early performance. This subject has not discussed by lawyer and academics either. On the other hand, this issue has been dealt with by jurisprudence, and different views have been expressed. There is no stipulated valuation in Iranian Law, we suggest that this issue should be considered in the Civil Code.
Mehdi Naser; hossein sadeghi
Abstract
Smart contracts are electronic contracts concluded in public ledgers such as Blockchain, and are supervised by the governing body and artificial intelligence between the time of concluding and final approval. Until the contract is finalized , parties and artificial intelligence, at the time of concluding, ...
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Smart contracts are electronic contracts concluded in public ledgers such as Blockchain, and are supervised by the governing body and artificial intelligence between the time of concluding and final approval. Until the contract is finalized , parties and artificial intelligence, at the time of concluding, may receive any information about the transaction or the parties to the contract by Oracles which are the systems that establish the communication between Blockchain and the foreign world. These contracts are considered in accordance with any legal system relating to the contract, taking into account the essential conditions of the transactions and the unique features, such as self-execution of the effects of the contract and transparency. Formation of these contracts depends on the existence of digital signatures and license to own virtual currencies. Smart contracts, after being approved by the parties and artificial intelligence, are registered in the public ledger and they are then placed in the space of public ledger to be observed. Rules on international contracts are encountering challenges, and a solution to those challenges will lead to an improvement in the implementation of these contracts in the legal system concerned.
Mohsen Ghasemi
Abstract
Distribution agreements, as the main element of distribution law, are the efficient legal instruments that play an essential role in the process of supplying goods and some services to the markets and selling them to final consumers. The distribution network resulting from the conclusion of these types ...
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Distribution agreements, as the main element of distribution law, are the efficient legal instruments that play an essential role in the process of supplying goods and some services to the markets and selling them to final consumers. The distribution network resulting from the conclusion of these types of contracts has tangible advantages over the traditional "commercial agency". However, since it also has negative anti-competitive effects and creates situations such as the economic dependence of distributors on suppliers, a special legal system has been set up to govern this category of contracts in Western countries. By contrast, in Iranian law, distribution contracts are not well-known, and despite the effectiveness of the general rules of contracts in civil law in determining the conditions of the validity of these types of contracts, the new system of competition law in Iran has shortcomings in this area. This article examines the common rules for formation of these contracts in the light of rules of competition law. In doing so, it conducts an analytical and comparative study under French law, European law and Iranian law in order to provide the necessary theoretical basis for the development of a comprehensive system of such contracts in Iran.
Mahmoud Kazemi
Abstract
The Iranian civil code is a legal and cultural masterpiece which has an important role in Iranian law system. It is the result of the Compatibility between tradition and modernity. It has been based on the rule of the Islamic Jurisprudence or Islamic law which is known as Fiqh , and the modern legal ...
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The Iranian civil code is a legal and cultural masterpiece which has an important role in Iranian law system. It is the result of the Compatibility between tradition and modernity. It has been based on the rule of the Islamic Jurisprudence or Islamic law which is known as Fiqh , and the modern legal system (French civil code). But these two important resources play different roles in the plan of the Iranian civil code. The structure, chapters and articles of the civil code have been adopted the French civil code , but its contents has been founded on the Islamic Jurisprudence (Islamic law i.e. Fiqh) , as stressed by the writer of Iranian civil code. The effect of the Islamic Jurisprudence (Islamic law i.e. Fiqh) on the structure of the civil code is to the extent that some legal writer and jurists call it properly, “ Persian Jurisprudence”. This fact is effective in interpreting civil code. Duality of resources and approving hastily result in deficiency in Iranian code civil. This article is aimed to review of the resources and structure of Iranian civil code.
mehdi meyhami
Abstract
The governments is trying to reconcile between the two Targets to encourage and support foreign investment on the one side and protect of their essential interests on the other hand,Sometimes in conflict with each other, Manage have taken of inserting the condition of exception to the ...
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The governments is trying to reconcile between the two Targets to encourage and support foreign investment on the one side and protect of their essential interests on the other hand,Sometimes in conflict with each other, Manage have taken of inserting the condition of exception to the fundamental interests of the host state, international investment agreements which allows governments to invocate essential security interests whenever they wish to restrict or allocate the provisions of the treaty. In contrast, investment contracts listed in stablization clause in order to reduce the risk of legislative,Non-discrimination by granting national treatment and most favored nations behavior,As The most important government's commitment in the face of foreign investment, Along with some other supporting concepts such as the obligation to provide fair and equitable treatment in relation to foreign investment is raised.Supporting these expectations in many cases in conflict and friction with the fundamental interests are preserved. thus, In this article, in addition to analyse the fundamental interests clause in contrast to the standards of investor protection In the practice of international investment agreements, Some arbitral awards issued are also examined.
Mehdi Fallah kharyeki
Abstract
Section (c) of Article 1 of compulsory insurance act of 2016, put under the law any accident caused by vehicles due to fortuitous events. In legal writings generally fortuitous events considered as force majeure, but this notion of fortuitous events with a lot of compulsory insurance act articles does ...
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Section (c) of Article 1 of compulsory insurance act of 2016, put under the law any accident caused by vehicles due to fortuitous events. In legal writings generally fortuitous events considered as force majeure, but this notion of fortuitous events with a lot of compulsory insurance act articles does not seem compatible. Hence, the question arises that "fortuitous events" in the compulsory insurance law, what does it mean and what is its impact? Review of legal writings show that, according to some French lawyers, Force Majeure and Fortuitous Event (Cas Fortuit), have different meaning but, in the writings of our law, such a conceptual distinction was known verbal argument and both, has studied as Force Majeure in general meaning. However, the use of such distinction between force majeure and fortuitous event is very revealing for unambiguous interpretation of compulsory insurance act of 2016. In order to illustrate the effect of this distinction, in the first part of this article, the concept of fortuitous event in general and specific and deficiencies of application of this concept is analyzed, so that in the second part, concept of fortuitous event and its effect is considered in the compulsory insurance act.
Mostaffa i mohaghegh ahmadabadi; homayoon rezaeinejad
Abstract
When a debtor does not perform his monetary obligation، there is no doubt that the creditor should be compensated. Nevertheless, the main question is what type of compensation should be provided. While in some cases, parties agree to a certain amount for damage, in some other cases, the interest is ...
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When a debtor does not perform his monetary obligation، there is no doubt that the creditor should be compensated. Nevertheless, the main question is what type of compensation should be provided. While in some cases, parties agree to a certain amount for damage, in some other cases, the interest is defined as a legal interest by the law. Also in some occasions, damage is based on and limited to the inflation rate. The stipulated interest is qualified as usurious and is prohibited. The legal interest permits usurious agreements and hence, it has been abolished. Besides, inflation rate encounters with some problems, that is, it almost does not completely compensate the creditors. Thus, Iranian legal system and the jurisprudence have never achieved reasonable coherence in this case. In this article, the main question is about proper damages for late payment and it deals with question of whether domestic monetary depreciation will suffice. It seems that in the absence of legal interest, it is possible to apply the mechanism of judicial interest by which the full compensation will be fulfilled and the problem of usurious contracts could be avoided.
Pejman Mohamadi
Abstract
According to lessor and lessee relations Act 1978 and about hire rules, there are different and special sentences in comparison to civil law in Iran; one of these distinctions announces court based hire termination has different effects and consequences. In regard with to lessor and lessee relations ...
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According to lessor and lessee relations Act 1978 and about hire rules, there are different and special sentences in comparison to civil law in Iran; one of these distinctions announces court based hire termination has different effects and consequences. In regard with to lessor and lessee relations Act 1978, underestimating the will of the included parties in termination, lessor especially, create and arise some questions about; what are the effects and consequences of issuance of termination and discharge verdict or only discharge verdict on of lessor and lessee? Furthermore, given the probability of nullification of this certain verdict based on lessor and lessee relations Act 1978; Article 28, which occurs as a consequence of incomplete reasons of hire termination, finding the answer of this question becomes more important and necessary. In this regard, at the one hand, it seems that issuance of tenant's discharge verdict according to lessor and lessee relations Act 1978, probably, is the most common and the most important cause of hire liquidation, on the other hand, it can't terminate tenant relationship and therefore the verdict ineffectiveness can't create hire contract.
Reza Nikkhah; seyyed salehi; Mansour Akbari Araei
Abstract
Assignment of contractual rights and obligations is one of the most important and well-known issues in different legal systems. The assignment of contract is recognized in Pre-Sale Building Act ratified in 19/1/2011. The legislator, in articles 17 and 18, specified terms and qualifications mentioned ...
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Assignment of contractual rights and obligations is one of the most important and well-known issues in different legal systems. The assignment of contract is recognized in Pre-Sale Building Act ratified in 19/1/2011. The legislator, in articles 17 and 18, specified terms and qualifications mentioned in this article. This article is based on descriptive-analytical method, and strives to discuss principles and standards in assignment contract and its justification in different legal systems. In addition, it also analyzes the assignment of contract in Pre-Sale Building Act. In this legislation, one of the most important terms known by lawmaker is the obligor’s consent for assignment in writing and official assignment. It is crucial that the legislator considered this assignment which has many economic effects and it was a great step for unification of the assignment of contract in the Act. Assignment of contract is recognized separately in uniform law as well as in laws of different countries such as France, but it has not been considered in Iran.
Fatemeh alsadat Iravan mohajeri; Morteza Nassiri; Mahmoud Sadeghi
Abstract
In the past, the protection of copyright was minimal, and the infringement of the copyright was regarded only as a tort. Conflict of law issues were resolved solely by the territorial approach to intellectual property rights and in accordance with the principle of national treatment. With the advent ...
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In the past, the protection of copyright was minimal, and the infringement of the copyright was regarded only as a tort. Conflict of law issues were resolved solely by the territorial approach to intellectual property rights and in accordance with the principle of national treatment. With the advent of the Internet, the availability and use of copyright were uncontrollably accelerated and facilitated, and the possibility of using cross-border copyright as well as the entry of the foreign element caused the complexity of these claims.The ubiquitous infringment of copy right is the result of broadcasting information on the internet and indeed in world that there is no solution for it in existing documents because of its novelty.The two fundamental issues of the governing law and the competent court in this article are aimed at responding to the efficiency or ineffectiveness of the common conflict of law system by studying the provisions of the Berne Convention as the most important document, the Brussels Convention and the ALI and the CLIP principles (as non-binding principles), and it was concluded that The traditional system of conflict of laws is not enough for this purpose and doesn’t respond the copyright lawsuits and so we requires a special conflict of law system.
ali eslamipanah
Abstract
AbstractResearch on value of doctrine in law stems from a question about the sources of the positive law. The fundamental question is Do the rules made by legal scholars have such a status that they are directly a source of law without being included in the law? Doctrine has always played an important ...
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AbstractResearch on value of doctrine in law stems from a question about the sources of the positive law. The fundamental question is Do the rules made by legal scholars have such a status that they are directly a source of law without being included in the law? Doctrine has always played an important role in deepening our understanding of concepts, organizations, and legal rules. Basically, a source of law is an authority that can set general, universal and binding rules on behalf of the general public, and the product of its work must be binding on all. The doctrine hardly fits into this definition. Today the doctrine is not a direct source of law and the courts cannot put the opinion of legal scholars under the same title. However, in the present era, in Iran, the views of legal scholars have been accepted to a limited extent under the heading of "valid fatwas" as a source of law. In this article, while examining the conceptual realm of doctrine, its position as a source of law has been criticized.KeywordsSource of law, doctrine, opinions of the scholars, interpretation of laws, introduction to the law.
mehdi zahedi; Shirin Sharifzadeh Tadi
Abstract
Originality is an essential requirement for the copyrightability of any artistic and literary work. Creative works are afforded copyright protection only if they are original. Originality has yet to be defined by international or national laws including Iranian Laws. The judicial interpretation of national ...
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Originality is an essential requirement for the copyrightability of any artistic and literary work. Creative works are afforded copyright protection only if they are original. Originality has yet to be defined by international or national laws including Iranian Laws. The judicial interpretation of national laws also differ from one another and there is no consensus on the concept of Originality. Under traditional approach, Originality is often referred as to "labor and effort" or "self expression " of the author, whereas the more approach is that of "creativity " and exercise of "skill and judgment ". However, all legal systems recognize that the work must be independent and not copied from another work.The main question of this Article is which approach can strike a balance between author’s rights and public interest to cheap and easy access to artistic works. This article will examine originality under different jurisdictions and concludes the Canadian definition is the more appropriate approach to the said question. Finally, it suggests that the Iranian legislature shall replace the term “creativity” with “skill and judgment” in 14 of article 1 of the copyright bill.
hossein adib; rasul mazaheri kuhanestani; Mohmmadmahdi Alsharif; mahmod jalali
Abstract
Social life requirements prompt legislators to impose limitations on and even forevlose private ownership under certain circumstances, based on the public power of State institutions and for public interest; such discretion is however not absolute and State institutions are authorized to expropriate ...
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Social life requirements prompt legislators to impose limitations on and even forevlose private ownership under certain circumstances, based on the public power of State institutions and for public interest; such discretion is however not absolute and State institutions are authorized to expropriate a land that the payment of its price is made and legal formalities are observed. Under Iranian legal system, the initiation of compulsary purchase measures depends on an approved plan, required financing, the implementing the plan and public promulgation of the plan however, unlike English law, citizens are not involved in the process of approving the plans and their content and no objection mechanism to plans has been predicted before the plans are approved and finalized.Under British law, compensation is not limited to the properties lying within an urban planning scheme, but it may be obligatory in case no land has been expropriated, however, the properties be harmed due to the provision of public service or subsequent use of public installations.This article, with its analytical-descriptive methodology, seeks to explain ?? aspects of Iranian and British legal systems as regards the expropriation of lands and properties and compensation methods resulting from the limitation of private ownership.
niloofar saeedi; Pouria Askary
Abstract
Full Protection and Security clause, as a standard for protecting foreign investors, is included in almost every Bilateral Investment Treaty. In comparison with other protection clauses specially Fair and Equitable Treatment, this standard is less discussed in arbitral awards and legal writings, however, ...
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Full Protection and Security clause, as a standard for protecting foreign investors, is included in almost every Bilateral Investment Treaty. In comparison with other protection clauses specially Fair and Equitable Treatment, this standard is less discussed in arbitral awards and legal writings, however, it has a common feature with other protection standards which is vagueness and being subject of different interpretations and the fact that Bilateral Investment Treaties do not define Full Protection and Security either. As a result, arbitral tribunals feel free to interpret and determine the scope of the Full Protection and Security standard which can also result in divergence of opinions and different interpretations. Arbitral tribunals agree that this standard protects the physical integrity of investment but over time some Arbitral tribunals presented a wider interpretation of the concept and scope of Full Protection and Security making it also applicable to stability of legal and commercial environment and legal security of foreign investment. Arbitral tribunals’ different interpretations can be justified in light of their interpretation of the nature of host states obligations under Full Protection and Security clause.
Fatemeh Sadat Iravan Mohajeri
Abstract
The applicable law in intellectual property lawsuits is one of the new topics in the field of conflict of laws and has recently attracted the attention of legal scholars. actually, many of the questions in this field are still vague and controversial, and no precise answer can be found. One of the most ...
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The applicable law in intellectual property lawsuits is one of the new topics in the field of conflict of laws and has recently attracted the attention of legal scholars. actually, many of the questions in this field are still vague and controversial, and no precise answer can be found. One of the most challenging issues related to the applicable law in these lawsuits are the conflict of law rules and in particular “the Lex Loci Protectionis” which is based on the principle of territoriality as the most important feature. Moreover some new questions as to whether the territoriality principle is appropriate for transnational infringment of intellectual property rights were raised.Given the short history of this issue in international legal documents, the lack of relevant legal rules in Iranian law is no surprise .In this article, we seek to answer two main questions. in general, and in accordance with international regulations, is the Lex Loci Protectionis recognized as a general conflict of law rule for intellectual property lawsuits? If so, is such a conflict of law rule appropriate for Iran's legal system as a developing country
kheyrollah hormozi
Abstract
Article 477 of the Code of Criminal Procedure allows the head of the judiciary and other officials in the judiciary to, If they find the vote illegal, re-examine it through the methods available to them in Sharia, and if they recognize opposition to the Shari'a, the head of the judiciary allows the retrial. ...
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Article 477 of the Code of Criminal Procedure allows the head of the judiciary and other officials in the judiciary to, If they find the vote illegal, re-examine it through the methods available to them in Sharia, and if they recognize opposition to the Shari'a, the head of the judiciary allows the retrial. In this case, the authority for the retrial will be one of the branches of the Supreme Court among the branches that have been assigned to this matter. Although this procedure is useful for overseeing the work of the courts and protecting rights, the procedure is complex, vague and opaque, and not accessible to all people. In addition, this method is contrary to the general rules of procedure, including the rule of respect for the right to defense, the rule of openness and transparency of the proceedings, the rule of procedure, the rule of court hierarchy, the rule of judges independence, the rule of equality of the people before the law. In this article, an attempt has been made to adapt this article to the rules of procedure and to review it
Saeed bigdeli; Akbar osanloo
Abstract
One of the shortcomings of Napoleon's code was the lack of "lapse" of considerable contracts, which was recognized by French doctrine and jurisprudence. Therefore, they tried to propose a codification in various civil law revision projects. Thus, in Decree No. 131-2016, February 10, 2016, the Law of ...
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One of the shortcomings of Napoleon's code was the lack of "lapse" of considerable contracts, which was recognized by French doctrine and jurisprudence. Therefore, they tried to propose a codification in various civil law revision projects. Thus, in Decree No. 131-2016, February 10, 2016, the Law of Obligations and Contracts, a new institution called "caducité (lapse)" was envisaged in Articles 1186 and 1187 of the French Civil Code. This institution describes the status of a contract that has been entered into quite validly, but then loses one of its essential elements due to a subsequent event. The result of this situation, is the discharge of the obligations of the parties to the contract. Iran Civil Code does not define such an institution, but examples of caducité (lapse) can be deduced from some provisions of Civil Law and other laws. In general, the reasons for lapse of the contract can include the deterioration of the subject of the contract, the loss of its cause, death or incompetence in the obligations of the person and If suspensive condition fails the prescribed period provided in the suspended condition that any occurrence of the recent assumptions may lead to the termination of the contract. Lapse occurs automatically and its effect is not retroactive. Thus, in the opinion of the authors, the provisions of Iran Civil Code are incomplete in this respect, and the establishment of such an institution can be useful.
Private Law
Fereidoon Nahreini
Abstract
Undoing each obligation, whether it is legal or contractual, is harmful, and the obligator is bound to compensate the loss by way of payment for damage. Delay in payment of monetary obligations is not out of this rule. The main question is, what date is the beginning of the calculation of late payment ...
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Undoing each obligation, whether it is legal or contractual, is harmful, and the obligator is bound to compensate the loss by way of payment for damage. Delay in payment of monetary obligations is not out of this rule. The main question is, what date is the beginning of the calculation of late payment damages subject to Article 522 of the Civil Procedure Code? Date of main debt demand or date of the due date or date of bringing an action? Is there a way to compensate for damages or is it used to compensate for the decrease in the value of the banknote in monetary obligations? The result of this research is that the debt demand date for a monetary debt that has a due date, cannot be a criterion for starting the calculation of late payment damage, but the mentioned date (demand) is only for measuring the debtor’s financial ability. Because the debt demand time is used where the date of fulfillment of the obligation is not known or the object of obligation is one of the obligations on demand. Also, this article is not for paying damages, but only is a method to obtain compensation for the decrease in the value of the banknote in monetary debts.
khirallah hormozi; seyed faridodin takapoo
Abstract
the principle of dominance of the parties to the determination of the matter of the dispute, which is known in French law as the principle of dispositif, requires that the judge have no right or obligation to determine the matter of the dispute and its territory. The Judge is obliged to deal with disputes ...
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the principle of dominance of the parties to the determination of the matter of the dispute, which is known in French law as the principle of dispositif, requires that the judge have no right or obligation to determine the matter of the dispute and its territory. The Judge is obliged to deal with disputes within the scope of the matters determined by the parties. nevertheless Sometimes what the plaintiff mentions in his petition has such rational and logical affirmations so that it is impossible for the judge to handle the litigation without addressing them. The reluctance of the court to deal with these instances stems from the fact that these matters have not been explicitly and directly mentioned in the petition, but according to the nature of the claim, the proving the demand would requires proof of its necessity. In this article we are trying to prove the hypothesis that the demand proves rational and logical requirements and it is not in conflict with the principle of dominance of the parties over the matter of fact and the principle of immutability of litigation.
Mirghasem Jafarzadeh; masumeh akbarian.tabari
Abstract
A vertical agreement is an agreement between two or more economic entities, each of which operates at different levels of the commercial market. These agreements may contain non-price excluding terms that are contrary to competition law. One of the controversial issues in this regard is whether competition ...
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A vertical agreement is an agreement between two or more economic entities, each of which operates at different levels of the commercial market. These agreements may contain non-price excluding terms that are contrary to competition law. One of the controversial issues in this regard is whether competition law will recognize non-price restraints on vertical agreements as detrimental to competition or not only does it not constitute a barrier to competition but also finds it useful in competition. The findings of the comparative studies show that non-price restraints on US and EU competition law are among the suspected restraints, however, due to the different approaches in competition law policies, the scope of inclusion in both legal systems is different. U.S jurisprudence has recognized it as independent restrictive arrangements and analyzes it under the rule of rationality. There are general and individual exemptions in EU law for the assessment of vertical restraints, which are declared legitimate if they meet the stated criteria. In Iranian law, the competitive approach to these restraints is ambiguous due to the lack of an explicit position, however, by relying on the general rules of competition law and the interpretation of Articles 44 and 45 of Law on Implementation of General Policies of Principle (44) of Constitution, we can find examples of restrictive procedures and agreements that can be adapted to these restraints in US and EU competition law.
