Gholamreza Hajinouri
Volume 3, Issue 11 , June 2015, Pages 9-35
Abstract
The adoption of Article 495 of new Islamic Penal Code has removed theambiguity in determining physicians’ liability basis . In other words, it considersphysicians’ civil liability on the basis of presumed fault. However, the questionsare: What are criteria for this fault? On what basis, will ...
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The adoption of Article 495 of new Islamic Penal Code has removed theambiguity in determining physicians’ liability basis . In other words, it considersphysicians’ civil liability on the basis of presumed fault. However, the questionsare: What are criteria for this fault? On what basis, will judges make a judgmentfor liability or lack of liability of physicians? Iranian lawyers have notaddressed these questions clearly and adequately. The general requirement of"Failure to comply with reasonable skill and care standards" had beenmentioned by foreign lawyers and academics in leading legal systems for thepurpose of recognizing physicians' fault . Having said that, due to extensivecriticisms, particularly by German lawyers, this criterion has challenged theselegal systems. As a result, the "objective fault" criterion is gradually changingto "a relative fault" criterion. It means that in recognizing the fault, thereasonable physician’s behavior is not the only criterion and other similarphysicians are also the pattern for recognition of his fault.
Hoseyn simaee Sarraf; Asef Hamollahi
Volume 3, Issue 11 , June 2015, Pages 37-69
Abstract
Fair competition in the market provides benefits to both consumers andsociety. However, in some cases, competitors adversely affect the commercialinterests of each other by resorting to illegal methods. Such a competition inwhich competitors use illegitimate means is regarded as illegitimate andunlawful. ...
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Fair competition in the market provides benefits to both consumers andsociety. However, in some cases, competitors adversely affect the commercialinterests of each other by resorting to illegal methods. Such a competition inwhich competitors use illegitimate means is regarded as illegitimate andunlawful. In order to clarify the nature of unfair competition, this paperexamines the concept of unfair competition and its various instances. For abetter understanding, it also compares the concept of unfair competition withsome relevant institutions.
Mehdi Shahabi; Zahra Khajoee
Volume 3, Issue 11 , June 2015, Pages 71-100
Abstract
Globalization of law is an incontestable reality. It is a major concern, whichcan be justified not only from structural, conceptual and legal values perspectives,but also in terms of the legislative patterning realm. Laws of Islamic Nationscannot remain unaffected from this reality.The basis of viable ...
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Globalization of law is an incontestable reality. It is a major concern, whichcan be justified not only from structural, conceptual and legal values perspectives,but also in terms of the legislative patterning realm. Laws of Islamic Nationscannot remain unaffected from this reality.The basis of viable regulation and legal conceptions in European systems, andgenerally in the West, has a humane rationality nature. Thus, from substantiveperspective, globalization can be considered to be a kind of threat to laws ofIslamic Nations, since in Islamic law, humane rationality is not the sole basis forthe credibility of legal values, conceptions and structures. Here, it is assumed thatglobalization can be viewed as an opportunity, and the adoption of UnifiedIslamic Civil Code by following European Civil Code pattern may be regarded asan example of this opportunity. Nevertheless, the establishment of European CivilCode and an Islamic Civil Code encounters many challenges. By analysing thesechallenges, this article aims to present some solutions.
Seyed Mohammad Tabatabaee nechad
Volume 3, Issue 11 , June 2015, Pages 101-119
Abstract
The trend of globalization causes an increase in the rapid and convenientmovement of persons, goods and products resulting in legal challenges thatinvolve foreign elements. One of the legal relations is concerned with productliability derived mainly from tort. An increase in the movement of persons andgoods ...
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The trend of globalization causes an increase in the rapid and convenientmovement of persons, goods and products resulting in legal challenges thatinvolve foreign elements. One of the legal relations is concerned with productliability derived mainly from tort. An increase in the movement of persons andgoods lead to an increase in product liability claims, and the frequent shipmentof goods to distant points makes an increase in claims against foreign suppliersinevitable. The choice of law rule applied by courts with respect to claimsarising from a tort committed abroad has remained static for about threequartersof a century. Attempts have been made to find a connecting factor thatwould better fit the circumstances giving rise to such damage claims. The aim ofthis paper is to analyze the surrounding issues and policies that govern productliability action.
Hamid Reza Olomiyazdi; Yasaman Azadi
Volume 3, Issue 11 , June 2015, Pages 121-148
Abstract
“Terms of Reference” is one of the important documents that should beproduced in some international arbitration. There are various views regardingthe question of whether the terms of reference is a new arbitration agreement oris just a procedural requirement in the process of arbitration. ...
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“Terms of Reference” is one of the important documents that should beproduced in some international arbitration. There are various views regardingthe question of whether the terms of reference is a new arbitration agreement oris just a procedural requirement in the process of arbitration. However, it is aseparate document which differs from the arbitration agreement. Terms ofreferences is commonly known as a feature of arbitration Under InternationalChamber of Commerce Rules of Arbitration and could also be seen in someother arbitration rules. According to ICC Arbitration Rules, it is compulsory forthe parties and the arbitral tribunal to set the Terms of Reference, but undersome other arbitration rules, such as Japan Arbitration Association, it isoptional. Terms of references should be prepared and signed by the parties andarbitrators as soon as the file is handed over to the arbitral tribunal. The mainfunction of this document is to determine the issues on which the arbitraltribunal should concentrate during the arbitral proceeding. This paper examinescontent and legal status of Terms of reference in commercial arbitration andconcludes that the Terms of References could, to a great extent, facilitate andincrease efficiency and accuracy in both institutional and ad hoc arbitration
Gholam Nabi Fayzi Chekab; Ebrahim Taghizadeh; Azizollah Fahimi; Khodadad Khodadadi Dashtaki
Volume 3, Issue 11 , June 2015, Pages 149-178
Abstract
These days, because of high costs for carrying out fundamental projects,foreign financing plays a fundamental role in economic development ofdeveloping countries, including Iran. A financier is seeking for a secureenvironment for investment in order to be able to secure its capital and to makea profit. ...
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These days, because of high costs for carrying out fundamental projects,foreign financing plays a fundamental role in economic development ofdeveloping countries, including Iran. A financier is seeking for a secureenvironment for investment in order to be able to secure its capital and to makea profit. For this purpose, the host State needs to provide a suitable environmentfrom legal, moral and economic perspectives as well as in terms of security. Inthis regard, the role of the host State in providing stability and predictability,relating to economic, legal and political issues, is of particular significance.Financing barriers are not the same in all host states. This article deals withthese barriers in Iranian law. It also considers different methods for foreignfinancing
