Majid Aziziyani
Abstract
Option of condition, the subject of Article 399 of Civil Law is in the cases that for each of the purchaser or customer or both of them or third person is given authority of termination of transaction in the determined term and if this condition is being without term, based on Article 401 ...
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Option of condition, the subject of Article 399 of Civil Law is in the cases that for each of the purchaser or customer or both of them or third person is given authority of termination of transaction in the determined term and if this condition is being without term, based on Article 401 of Civil Law, its execution guaranty is invalidity of condition and contract. In some of the contracts , it is inserted that if this contract after agreeing and signing to any reason, each of the parties cancel the contract, an amount as loss is paid, regard validity of authenticity or voiding of such condition between Doctrine and jurisprudence, there is subjective of belief and procedure that in this case, it seems unlimited option of condition has not been determined but, it has been mentioned and if cancellation to any reason, this rate of loss is obtained by the parties and the mentioning to the termination is limited to legal options or contractual option. Also, in the cases that the parties make the contract of option of conditions for their life period or third person, there is disagreement and Civil law hasn’t made an explicit sentence in this regard that in this paper, additional to analysis of viewpoint of opponents and supporters, the preferred opinion will be discussed proportional to legal and jurisprudential principles and judgmental procedure.
Mahdi Jalili; Alireza Fasihizadeh; Mohammad sadegh Tabatabaei
Abstract
This article takes a comparative approach to various Islamic sects and lays emphasis on Shiite references while taking benefit from analytical and descriptive method , and after examining the basis upon which the binding and revocable character of contracts lies and analyzing the arguments presented ...
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This article takes a comparative approach to various Islamic sects and lays emphasis on Shiite references while taking benefit from analytical and descriptive method , and after examining the basis upon which the binding and revocable character of contracts lies and analyzing the arguments presented by proponents and opponents of the binding or revocable character of partnership and presenting contradictory and solving answers to the view holders, leads in the end to the conclusion that considering the vagueness of the civil code and despite the opposing viewpoints of some Islamic jurists and on the other hand, based on the approach adopted by high-profile jurists such as Shahid-e- Sani and Seyed Mohammad Kazem Tabatabaee , known as Saheb Orva and the attention of the article 167 of the Constitution, partnership contract should be recognized as having a binding character as far as its shareholding making aspect is considered and revocable with regard to the fact that partners acquire the right to control and lay hands on the shared property . This trend is supported more by the doctrine as well .
Mojtaba Asadzadeh; godarz eftekhar jahromi
Abstract
Abstract: Concluding of the arbitration agreement is based on the principle of party autonomy but this principle is restricted by public order. In other words, although the arbitration agreement is mainly based on the private agreement of both parties, it is not correct that the common will of both parties ...
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Abstract: Concluding of the arbitration agreement is based on the principle of party autonomy but this principle is restricted by public order. In other words, although the arbitration agreement is mainly based on the private agreement of both parties, it is not correct that the common will of both parties have an absolute authority to refer any disputes to arbitration. Sometimes the law forbid or restrict the reference of some disputes to arbitration, and the reason for these are based on the basic concept of public order and interest; thus, the settlement of some disputes are merely on the authority of the courts and if the arbitrators proceed to issue an award about such disputes, that award will not be applicable. This article will outline the opinions of Iranian scholars with regard to the effect of public policy on the arbitration agreements as it could help to understand the floating essence of public policy. In addition, this article set forth to analyses the most important cases in relation to arbitrability which are the Art. 139 of the constitution, bankruptcy claims, family disputes, intellectual property claims, securities claims and also labor and employment contracts.
