Behnam Noorzadeh; Fereidoon Nahreini; Mohsen Izanloo; Hasan Badini; Mohammad Khabiri
Abstract
"Third Party Ownership" is one of the restraint of Trade Law in Sport, whereby a third party acquires all or part of the player's economic rights for financing the player or injecting cash into the club. Contrary to the common perception in the field, this mechanism does not grant the decision-making ...
Read More
"Third Party Ownership" is one of the restraint of Trade Law in Sport, whereby a third party acquires all or part of the player's economic rights for financing the player or injecting cash into the club. Contrary to the common perception in the field, this mechanism does not grant the decision-making power of the contract to a third party, and therefore, this will not lead to a type of slavery or curtail a player’s freedom. As the result, it will not result in the third party’s interference in implementation of the contract which is in breach of Article 960 of the Civil Code and Article 18 of the FIFA Regulations on the Status and Transfer of Players. In practice, various countries adopted different approached to the validity of this mechanism. The present study shows that by relying on economic efficiency and justice this mechanism merely entitles a third party to the player’s incomes in his future transfers without any unfair wealth transfer to third parties. FIFA regulations do not prohibit any investment by a third party, but they have banned him from influencing over club’s decisions. The mechanism could be introduced as a business model for football.
Abstract
Examining the Problems of priority the “Specific Performance” over “Termination of Contract” in Respect of Economic AbstractIncluding the fundamental question of the Economic Analysis of Law is problems of priority the specific performance over termination of contract that has ...
Read More
Examining the Problems of priority the “Specific Performance” over “Termination of Contract” in Respect of Economic AbstractIncluding the fundamental question of the Economic Analysis of Law is problems of priority the specific performance over termination of contract that has occupied the minds legal and economic scientists. On the Legal Systems of Iran and America, these problems Subheadings the enforcement process, social norms, judicial error, jury trial, mitigation of damages and opportunism must be studied. Then, the solutions of mentioned problems in order to effective the provisions of Iranian Law in respect of economic outlook to Law. Of course, as a findings this article, mentioned problems is removed in two ways specialized approach to contract and the priority the specific performance and termination of contract based on their characteristic (ordinary, commercial and consumer contracts) or the internalization of external costs resulting from specific performance or termination of contract and process of settlement of contractual disputes can be resolved which will be discussed during article. the aim of this article, analysis of the above problems by adopting a comparative approach and Proposals for the reform of legal regulations of Iran in field of remedies of contracts.
Hasan Badini; Farzaneh Motevaseliyan
Abstract
One of the common difficulties in the field of environmental torts is the proof of causation between the tortious conduct of the tortfeasor and the damage suffered by the victim. This problem, according to the principles of economic analysis of tort law, results in denial of tort claims which itself, ...
Read More
One of the common difficulties in the field of environmental torts is the proof of causation between the tortious conduct of the tortfeasor and the damage suffered by the victim. This problem, according to the principles of economic analysis of tort law, results in denial of tort claims which itself, encourages the tortfeasor to externalize costs of his hazardous activities, dilutes his incentives to reduce environmental risks in an optimal way, and finally, disturbs the deterrent function of tort law. On the contrary, in recent decades, it is widely accepted that the preventive principle plays a crucial role in sustainable development. The importance of preventive approach in environmental policies requires the tort law –as one of the means of such policies –to serve the aim of deterrence as well as compensation. With these points in mind, this paper first clarifies the three main situations in which the proof of causation is problematic. It then tries to analyze possible solutions of those situations, using an economic perspective and to propose the most compatible solution with deterrence and efficiency, namely using the proportional liability in specific categories of environmental accidents.
abbas asadi; Mohammad bagher parsapour
Abstract
Today, basic or fundamental rights apply, not only in relationships between states and private parties, but also in relationships between private parties themselves, including contractual relationships between private parties. Fundamental rights are often used in contract law in order to protect ...
Read More
Today, basic or fundamental rights apply, not only in relationships between states and private parties, but also in relationships between private parties themselves, including contractual relationships between private parties. Fundamental rights are often used in contract law in order to protect the weaker party in the contract. There are methods that can protect the weaker party by using Fundamental rights. These methods consist of: Direct horizontal effect and indirect horizontal effect. The latter divides into two methods: Strong indirect horizontal effect and weak indirect horizontal methods. This article considers manner of protection of the weaker party through Fundamental rights in labour contracts, family suretyship contracts and unfair contractual terms. By using above-mentioned methods in these contracts and unfair contractual terms, suitable solutions for the protection of the weaker party can be presented. For example, in the light of Fundamental rights, manifestly excessive penalty clauses and unfair family suretyship contracts can be null and void. It can also protect labours against unfair contractual terms, in labour contracts, such as non-competition clauses.
Badini Hasan; Najafi Hamed
Abstract
According to the doctrine of indirect infringement, anyone who provides the causesof infringement or facilitate its occurrence will be liable for compensation for indirectinfringement of patent rights, including contributory and inducing infringement. Civilliability arising from the indirect infringement, ...
Read More
According to the doctrine of indirect infringement, anyone who provides the causesof infringement or facilitate its occurrence will be liable for compensation for indirectinfringement of patent rights, including contributory and inducing infringement. Civilliability arising from the indirect infringement, based on fault, is created if there is adirect infringement of the act or omission.There is no such entity in Iranian patentlaw, but by referring to some other laws, it could result in a sentence against theindirect infringer. However, if there is interest, the adoption of a specific rule issuggested in this field. Since Iran is a developing country, the authors of this paperbelieve that such an interest is not considered. The main questions posed in this articleare: What are the requirements of the indirect infringement and what is the positionof Iranian law in this respect? By conducting a comparative study under legal systemsof generally developed countries and by placing a particular emphasis on the US Lawand related case laws as the origin of this institution, this article discussesrequirements of the indirect infringement and accordingly presents the position ofIranian law and appropriate proposals.
Hassan Badini; Pantea Panahi Osanlou
Volume 1, Issue 1 , February 2013, , Pages 39-64
Abstract
The automobile consumer protection Act (2007) has exerted mucheffort to establish a special protection for auto consumers. This paperdeals with the various dimensions of this Act including bases andscopes of auto dealers' tort liability ,as well as concept, essence andcases of auto defect, consumer information, ...
Read More
The automobile consumer protection Act (2007) has exerted mucheffort to establish a special protection for auto consumers. This paperdeals with the various dimensions of this Act including bases andscopes of auto dealers' tort liability ,as well as concept, essence andcases of auto defect, consumer information, promotion, recalls,proceeding and so on.The results and conclusion of this paper indicate that the above_mentioned Act has not satisfied the expectations and moreover theprotections for consumers are limited to special cases concerning theguarantee period. Therefore, many other significant issues have beendisregarded
