Nahid Javanmoradi
Abstract
In most legal systems, there is no legal sanctions regarding natural obligations. Implementation of this commitment depends on the will of debtor and only in this case it is irretrievable. Voluntary execution (Payment) of a natural obligation (also called an imperfect obligation), regardless of its bases ...
Read More
In most legal systems, there is no legal sanctions regarding natural obligations. Implementation of this commitment depends on the will of debtor and only in this case it is irretrievable. Voluntary execution (Payment) of a natural obligation (also called an imperfect obligation), regardless of its bases which can be an aborted or a pure moral duty is, in most legal systems, considered as a valid legal act in regard of the civil creditors, and not an undue payment or an unjustified enrichment. Therefore, it cannot be restitute except if it is done involuntary or fraudulently to the prejudice of the civil creditors. As the payment of a natural debt is totally depended to debtor’s decision, its legal nature is supposed to be a unilateral legal act, and not an agreement. The French case law regarding natural obligations is contradictory but in Iran’s legal system the execution of natural obligation is valid provided that there is no malice and intent to prejudice the civil creditors.
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, ...
Read More
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 However, Article 65 of the Civil Law Enforcement, Act of1365; allow the successors of the author to publish the unpublished workof their testator after his death and benefit the 50 years support.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''!
