mohammadreza pirhadi; Vahid Nazari
Abstract
In civil law, option is one of the issues related to and discussed in deals and contracts. This means that Article 456 of the Civil Code provides that:» All types of options may be available in all transactions unless option of contract-meeting and animal and delayed payment of the price, which ...
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In civil law, option is one of the issues related to and discussed in deals and contracts. This means that Article 456 of the Civil Code provides that:» All types of options may be available in all transactions unless option of contract-meeting and animal and delayed payment of the price, which is for sale«, therefore that law has specified the option for transaction. In jurisprudence and law, the vast majority of writers, do not approve the option of termination in unilateral legal act, because in the unilateral legal act without option to termination, termination is illegitimacy, As well as the destruction is not entitled to terminate and some also claim consensus in this regard. However reasonably, there is no conflict with the option of termination and the nature of unilateral legal act. Therefore this is paper explains possibility or impossibility of option of condition in a unilateral legal act according to law and lawyers and jurists opinions; and consider possible and correct and valid the option of condition by ruling out other causes of its nullity.
Nahid Javanmoradi; Vahid Nazari
Abstract
In accordance with the Law on Protection of Rights of Authors,Composers and artists, Act of 1348, protection of literary and artisticWork and identification of author ownership right, starts after publishing.From this time onward these rights can be transferred through successionor testament. However, ...
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In accordance with the Law on Protection of Rights of Authors,Composers and artists, Act of 1348, protection of literary and artisticWork and identification of author ownership right, starts after publishing.From this time onward these rights can be transferred through successionor testament. However, Article 65 of the Civil Law Enforcement, Act of1365; allow the successors of the author to publish the unpublished workof their testator after his death and benefit the 50 years support. In otherwords, a literary and artistic work can create two materials right: One,after publishing till the author’s death, which is profitable for thesuccessors until 50 years after his death, the other is the right providedafter publishing the work by the successors and after author’s death. Thiscreates an unreasonable result, First, ''unpublished (by the Author) workscan be protected by law (whit publishing by the successors)'', and second,"The decision to publish the work, one of the moral rights, can also beinherited''!
