Meysam akbari dehno; morteza shshbazinia; Mohammad Bagher Parsapour
Volume 3, Issue 9 , December 2015, , Pages 9-32
Abstract
In order to ensure a timely performance of contractual obligation, the use of guarantee is regarded as one of the most appropriate ways of dealing with a breach of promise. Compared to the Convention on the International Sale of goods, it is difficult to find a legal basis for a possible breach in national ...
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In order to ensure a timely performance of contractual obligation, the use of guarantee is regarded as one of the most appropriate ways of dealing with a breach of promise. Compared to the Convention on the International Sale of goods, it is difficult to find a legal basis for a possible breach in national law. Nevertheless, in a substantial number of cases in Iranian law, by considering the theory of possible breach, guarantee has been used to address the possible breach of promise by promisor. Until this legal gap is filled, it would appear that it is appropriate to use the principle of demand guarantee for the purpose of securing the performance of contractual obligations in domestic law.
Maysam Akbari Dehno; Morteza Shahbaziniya
Volume 2, Issue 7 , March 2015, , Pages 9-37
Abstract
Abstract These days, one of the topics which has attracted the attention of lawyers is the due process rights, that is, an approach to "deal out justice". This approach enables parties to interpret provisions of the Civil Procedure Code. In other words, it provides ...
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Abstract These days, one of the topics which has attracted the attention of lawyers is the due process rights, that is, an approach to "deal out justice". This approach enables parties to interpret provisions of the Civil Procedure Code. In other words, it provides parties with an initiative in this area of law. This article discusses the end of civil procedure by focusing on this approach. Parties can end the civil procedure by proposing an alternative means of dispute resolution, by terminating the agreement on civil proceedings or by complying with the court’s judgment. There has been less literature and debate on the second and third methods of ending the civil procedure. In the second method, parties agree to withdraw their civil dispute(s). In the third method, parties end the civil procedure either expressly by waiving the right of appealing the judgment or impliedly by agreeing to abide by expert opinion.
