banafshe mazloom torshizy; Golam Nabi Fayzi Chakab
Abstract
Liability for damages is one of the effects of salvage for salvor and is considered a negative factor for his motivation. Along with other protective rules,limitation of liability can be an effective way to determine a possible liability. Maritime law does not allow the limitation of the salvor's liability, ...
Read More
Liability for damages is one of the effects of salvage for salvor and is considered a negative factor for his motivation. Along with other protective rules,limitation of liability can be an effective way to determine a possible liability. Maritime law does not allow the limitation of the salvor's liability, but one of the innovations of the 1976 Convention on the limitation of liability in maritime litigation is the possibility of limiting the salvor's liability. Among the major principles of accepting the salvor's limitation of liability is freedom of will, the need to reduce insurance risk, and provide sufficient motivation for him, and increase the confidence to continue the salvor activity.Limitation of liability can be achieved through agreement. Proof of intent and recklessness with the knowledge that the injured party has entered the loss is one of the obstacles to invoking the limitation of liability. Due to the fact that due to the implementation of the reservation provided in the 1976 Convention, the implementation of its provisions in the country is not possible in all cases, it is necessary to amend the provisions of maritime law in order for the salvor to benefit from the limitation rules.
Gholam Nabi Fayzi Chakab; Mehrafrouz Kalantar Hormozi
Abstract
Attribution of data message, defined as appointing data message to the originator, which is a portion of the security provision of electronic communication transactions has widely attracted attention of Electronic Commerce Act 1382, UNCITRAL Model Law on Electronic Commerce, United Nations Convention ...
Read More
Attribution of data message, defined as appointing data message to the originator, which is a portion of the security provision of electronic communication transactions has widely attracted attention of Electronic Commerce Act 1382, UNCITRAL Model Law on Electronic Commerce, United Nations Convention on the Use of Electronic Communications in Internet Contracts 2005 and many other similar ones. From the articles 18 to 21, Iran's Electronic Commerce Act, which are inspired by the article 13 of UNCITRAL Model law on Electronic Commerce, clarify the content of attribution of data message in several cases, Act works on attribution of data message subject and only determines criteria for distinguishing the conditions of attribution of data message from the originator, for instance, according to the article 19 of Iran’s act, despite of not sending the data message by originator, and also the principle of non-attribution of data message, it is attributed to the originator, and in this path, it benefits from concepts that there are some ambiguities about them. In this regard, it has used concepts that either there are some ambiguities about their exact concept or their application. In this research, attempts have been made to analyze the articles 18 to 21 of Electronic Commerce Act of Iran and also obviating ambiguities of them.
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. ...
Read More
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
