Mohammad Taqi Rafiei; Seyed Hossein Hejazi
Abstract
When a contract is not entered into the implementation stage or in the implementation of the work, it stops or does not comply with the contractual terms and conditions and the agreed specification is diverted, the magistrate at the beginning, the arrow is committed to understand and ask him about the ...
Read More
When a contract is not entered into the implementation stage or in the implementation of the work, it stops or does not comply with the contractual terms and conditions and the agreed specification is diverted, the magistrate at the beginning, the arrow is committed to understand and ask him about the breach of commitment and the cause of its deviation from the terms of the contract, so that one can predict his conviction from the beginning. In Iran's law, it is less attentive that the violation of the Treaty may be disabled for non-cooperation of the obligee, while the implementation of qualifier commitment may be on his cooperation. Where the obligee would have to deliver the project's location to establish a workshop, or the client will submit the principles of documents, information and witnesses ' names, or the disease that should be carried out by the doctor before the surgery, all the anath of the implementation of a commitment to the Obligee's cooperation. This cooperation can sometimes be defined as a verb, leaving the verb, submitting the goods or documents, providing services and information, resulting in a lack of cooperation, a contract with a challenge and a bug. Rationals and will logically and the implementation of the contract shall be subject to the obligee's cooperation, but the question is to mind whether this cooperation should be stipulated in the contract or a marriage is concluded or is considered as a contract of marriage and customary equipment. Unlike Iran's legal and judicial literature, the role of the obligee cooperation in European countries ' rights and European legal documents has been approved and various works have been predicted for his non-cooperation. In this paper, in addition to the legal foundations of such a commitment, the various legal effects of its breach are investigated so that the sum of them can be explained most of the role of this cooperation.
Mohammad Taghi Rafiei; Abolfazl Shahin
Abstract
< p >< p >Resolving the conflict of laws applicable to cultural heritage disputes in an important challenge which is faced with private international law. The cause of this challenge is, in one hand, the preponderant role of cultural property in constituting of cultural and historical identity ...
Read More
< p >< p >Resolving the conflict of laws applicable to cultural heritage disputes in an important challenge which is faced with private international law. The cause of this challenge is, in one hand, the preponderant role of cultural property in constituting of cultural and historical identity of nations, and the enormous profit of illicit trade of cultural properties on the other hand which leads to numerous disputes. In most of these claims, the lex rei sitae rule has been applied and this has been led to making unfair judgments. The negative effects of these decisions lead to the question of determining the proper law governing cultural property claims. The theory of applying the lex originis rule to cultural property disputes is the theory which is accepted in this article. In order to prove this theory, this article is divided into two parts by a descriptive and analytical method: at first, the lex rei situs rule will be studied and the applying of this rule to cultural property claims will be examined by a critical perspective and then the alternative courses of action will be analyzed.
