Gholam Nabi Fayzi Chekab; Mahsa Azarmehr
Volume 3, Issue 8 , April 2015, , Pages 137-174
Abstract
Today's multimodal transportation industry is a complex and the most widely used industry. The Rotterdam Rules have strived to deal with such complexities, and to provide a reasonable solution for today’s needs of extensive transportation industry. Therefore, the Rotterdam Rules have ...
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Today's multimodal transportation industry is a complex and the most widely used industry. The Rotterdam Rules have strived to deal with such complexities, and to provide a reasonable solution for today’s needs of extensive transportation industry. Therefore, the Rotterdam Rules have expanded the range and scope of its jurisdiction to all sectors of maritime transport operations. The extension of Rotterdam Rules sovereign, inevitably, leads to a complex problem caused by the collision between the Rotterdam Rules and other related Conventions. To address this problem, the Rotterdam Rules have adopted Article 26 to avoid possible conflicts and Article 82 to solve the conflicts, even though this method of conflict resolution is not compatible with the objectives of the Rotterdam Rules for achieving uniform and integrated systems. This article aims to elaborate the scope of the Rotterdam Rules in terms of time, place and subject of the Rotterdam Rules jurisdiction, and also to examine how the Rotterdam Rules coexist with other maritime and non-maritime transportation conventions.
Gholam nabi Fayzi chekab; ALI Darzi
Volume 2, Issue 6 , February 2015, , Pages 109-137
Abstract
In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between ...
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In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between the seller and the factor, and it is based on transfer of debt. By concluding the aforesaid contract, two groups of people are affected. The first group includes the seller and the factor, that is, as a result of the aforesaid contract, a direct contractual relationship is created between them. Their agreement is the primary element in determining their rights and obligations. The second group includes third parties who have no contractual relationship with the factor and the seller. This group consists of debtor who is directly involved in the execution of the contract and third parties other than the debtor like seller’s creditors and subsequent transferees of the same accounts receivable who not are involved directly.