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 ...
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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.
Reza Khodkar; MOHAMMAD SAGHRI
Abstract
In stock companies, the adoption of the rule of the majority and making decisions on this basis are rooted in political thoughts; however, the sustainability of this rule depends on economic analysis. From the perspective of economic analysis, an optimal rule is a rule that leads to the realization ...
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In stock companies, the adoption of the rule of the majority and making decisions on this basis are rooted in political thoughts; however, the sustainability of this rule depends on economic analysis. From the perspective of economic analysis, an optimal rule is a rule that leads to the realization of efficiency and cost reduction. The rule of the majority amounts to efficiency in a sense that it increases wealth and reduces the cost of decision-making. In turn, reducing the costs of decision-making will increase profits and generate wealth. In addition to achieving efficiency, an optimal legal basis should also lead to equilibrium. In some cases, the rule of the majority results in the collapse of a balance between majority and minority shareholders. Therefore, although the application of this rule in the light of stock companies can be effective, rules are needed to create a balance between minority and majority shareholders. Amongst the rules laid down in this regard, the principle of shareholders freedom in transferring its share and leaving the company could be considered.
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, ...
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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.
