Gholam Nabi Fayzi Chekab; Ebrahim Taghizadeh; Azizollah Fahimi; Khodadad Khodadadi Dashtaki
Volume 3, Issue 11 , June 2015, , Pages 149-178
Abstract
These days, because of high costs for carrying out fundamental projects,foreign financing plays a fundamental role in economic development ofdeveloping countries, including Iran. A financier is seeking for a secureenvironment for investment in order to be able to secure its capital and to makea profit. ...
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These days, because of high costs for carrying out fundamental projects,foreign financing plays a fundamental role in economic development ofdeveloping countries, including Iran. A financier is seeking for a secureenvironment for investment in order to be able to secure its capital and to makea profit. For this purpose, the host State needs to provide a suitable environmentfrom legal, moral and economic perspectives as well as in terms of security. Inthis regard, the role of the host State in providing stability and predictability,relating to economic, legal and political issues, is of particular significance.Financing barriers are not the same in all host states. This article deals withthese barriers in Iranian law. It also considers different methods for foreignfinancing
Ebrahim Taghizadeh; Afshin Ahmadi
Volume 3, Issue 10 , March 2015, , Pages 9-42
Abstract
In European law and Common Law, on the basis of consumer protection, unfaircontractual terms are subject to specific regulation. In domestic law, lack ofsuch regulation can clearly be observed. According to general principles ofcontract law, these terms seem to be valid. As far as article “46” ...
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In European law and Common Law, on the basis of consumer protection, unfaircontractual terms are subject to specific regulation. In domestic law, lack ofsuch regulation can clearly be observed. According to general principles ofcontract law, these terms seem to be valid. As far as article “46” of ElectronicCommerce Act of I.R.Iran is concerned, unfair terms, which are harmful toconsumers, are not effective. Nevertheless, due to the specific and protectivebasis of E-consumers, this provision does not apply to other cases, andtherefore, it is not possible to refer to fairness under any rubric due to the lackof enforceability. In addition, although the principle of freedom of contract, thetheory of the ‘will’ parties and the necessity of contract indicate the validity ofthese terms, judges, in litigation, could deal with dispute resolution based onfairness. The Unfair Terms in Consumer Contracts Directive 93/13/EEC isEuropean Union Directive (then called European Economic CommunityDirective) which governs the use of surprising or onerous terms used in order todeal with consumers
