Habibollah Rahimi; Mahdis Khayati Gargari
Abstract
Nowadays, in most of legal systems »contributory negligence« is a one of the factors that entirely or partially divested injured from compensation with cut the causation between loss and harmful act. This article is seeking to analyzing Iranian and English legal systems ...
Read More
Nowadays, in most of legal systems »contributory negligence« is a one of the factors that entirely or partially divested injured from compensation with cut the causation between loss and harmful act. This article is seeking to analyzing Iranian and English legal systems ,regarding to Acts and judicial precedent in police civil liability, about this subject (contributory negligence). In this regard, Iranian legal system in encountering police with guilty or accused people, requires Innocence of injured people as one of elements of police civil liability.
Additionally the approach of police and injured in creation of loss, has various Assumptions that contribute both of them in creation of loss, is the most complex among them. judicial precedent ,also, don’t follow the one opinion and consider different issues like legal standards, wasted blood person etc; in terms of approach and negligence of injured and police.
Sayyed mohammad sadegh tabatabaei; Sayyed hossein asadi
Abstract
Abstract
In a lease contract, lessee sometimes acts in order to making construction or planting trees with approval of lessor. Also it is possible that possessions of lessee are done illegally. In these cases, after expiry of the lease, rights of lessee interfere with rights of lessor. Legislator protects ...
Read More
Abstract
In a lease contract, lessee sometimes acts in order to making construction or planting trees with approval of lessor. Also it is possible that possessions of lessee are done illegally. In these cases, after expiry of the lease, rights of lessee interfere with rights of lessor. Legislator protects legal acts of lessee and not illegal ones. Domination rule necessitates uprooting of cultivation pro landlord unless in accordance with local custom, the parties accept retention it for receiving average wage of land. The study of Egyptian law shows that the legislator of this country has made differences between legal and illegal possessions, but it also tends to maintain the accessions. Other than this, -unlike Iranian law- it does not consider lease as a possessory contract, even though it pays special attention to what lessee has done in good faith.
GholamNabi Fayzi Checab; Naeem Noorbakhsh
Abstract
Click-wrap license agreement is a branch of electronic contracts that during last two decades has been subject to a great deal of disputes due to presumption of lacking assent as a building block of contract formation. Providing a package of predetermined terms to all users and the impossibility of negotiations ...
Read More
Click-wrap license agreement is a branch of electronic contracts that during last two decades has been subject to a great deal of disputes due to presumption of lacking assent as a building block of contract formation. Providing a package of predetermined terms to all users and the impossibility of negotiations between the parties to amend these contractual terms has led some experts to consider them to be unenforceable because of accession form and ambiguity of consent manifestation. However, by examining the judicial and legislative precedent of e-commerce in leading nations and by recognizing introduced measures in Iranian e-commerce law in the light of traditional rules of contract law, it is possible to find criteria which can be used as a means of inferring party assent and validity of these contracts. Therefore, adopting consumer protection provisions in e-commerce law would lead to provide clear and explicit presentation of contractual terms in a way that prevents ignorance and deception of users. This can be useful for ensuring consent of parties.
Morteza Qasemzadeh; Fatemeh sanatgar
Abstract
Creation of the embryo in vitro is one of the major issues that emerged inrecent decades in medicine and it has followed many legal and ethicalissues. The embryos in vitro are used as a way for fertility couples thatare infertile .But Surplus embryos are created in every artificial fertilitycycle that ...
Read More
Creation of the embryo in vitro is one of the major issues that emerged inrecent decades in medicine and it has followed many legal and ethicalissues. The embryos in vitro are used as a way for fertility couples thatare infertile .But Surplus embryos are created in every artificial fertilitycycle that we can keep them frozen and use them in the research,treatment, buy and sell .While the legal nature of the embryo in vitro isnot known and there is not a law about production, storage and use ofthem So It is possible they are used as a tool for business and dealing.Until the Legal status of in vitro embryo is not clear initially, we can nottake any decision about it So in this article we will be explaining theLegal status of the fetus.
Homayoun Mafi; Mohammad Farzanegan
Abstract
One of the governing principles to bank guarantee contracts is theindependent principle. The logical and important result of this principle isthat the obligations mentioned in the bank guarantee are autonomousfrom the basic contract and the bank considering its independentobligation against the interested ...
Read More
One of the governing principles to bank guarantee contracts is theindependent principle. The logical and important result of this principle isthat the obligations mentioned in the bank guarantee are autonomousfrom the basic contract and the bank considering its independentobligation against the interested party is obliged to pay the guaranteeunconditionally. This article considers doctrine views and case lawregarding the concept and scope of the independent principle. It alsoexamines the compatibility of possible exceptions to this principle, suchas fraud, with Iranian law by addressing this question: In the event of anexception, will the court be able, irrespective of the contractual nature ofindependent principle, to issue an interim order of payment prohibitionand /or attach the sum of guarantee with relief security?
sam mohammadi; Hiva abdolkarimi
Abstract
Right of rescission is one of the main topics of contract law in Islamicjurisprudence as well as in Iranian Law. Jurists and lawyers havedevoted part of their books to this topic. The issue discussed in this areais the scope of right of rescission, called " necessary contracts" by juristsand legal scholars. ...
Read More
Right of rescission is one of the main topics of contract law in Islamicjurisprudence as well as in Iranian Law. Jurists and lawyers havedevoted part of their books to this topic. The issue discussed in this areais the scope of right of rescission, called " necessary contracts" by juristsand legal scholars. In other words, legal acts lacking the description"contract" and "necessary" are exempted from being subject to the rightof rescission. Although supporters of this opinion have put forwardreasons to justify it and it is seemingly logical, a careful look at reasonsgiven, criticisms , principles of right of rescission, rules of contract lawand principles of interpretation proves the opposite view and not thefamous one. This article examines famous and opposite opinions byconducting a critical analysis.
