saeed habiba; Behnam Habibi
Volume 2, Issue 5 , February 2014, Pages 9-30
Abstract
AbstractThe term ''Folklore'' verbally means public and people's culture. Expressions orsymbols of folklore include productions, works, creativity, believes and traditions ofa group or a definite society which have been flourished and emerged via tangibleor intangible ways, in the form of artistic (either ...
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AbstractThe term ''Folklore'' verbally means public and people's culture. Expressions orsymbols of folklore include productions, works, creativity, believes and traditions ofa group or a definite society which have been flourished and emerged via tangibleor intangible ways, in the form of artistic (either performances or nonperformances)or literary works or in the form of indigenous knowledge (includingmedical, agricultural and environmental science) and natural and ecologic sources.These factors have always been the instrument of recognizing the communities andalso have been the cultural, biological and historical identity of such societies. Inthis essay, along with the clarifying the concept and historical background offolklore expressions, three traits of folklore, including the oldness, belonging to acertain territory and collectivity, will be studied. However, in association with theidentity of folklore, three theories are propounded, including ''sui generis'', ''exploitation right'' and ''property right'', in which collective property right isaccepted and finally the abstractness of relationship between creators and owneragainst aspects of folklore is regarded as acceptable.
Jafar Nouri; AbdurRashid Akhundi
Volume 2, Issue 5 , February 2014, Pages 35-59
Abstract
AbstractIn very simple words, Economic Analysis of Law is an instrumental use of law inorder to bring efficiency. In this regard, many aspects of legal thought andinstitutions may be evaluated according to their role in bringing economicefficiency to the society. In this essay, we will discuss the so-called ...
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AbstractIn very simple words, Economic Analysis of Law is an instrumental use of law inorder to bring efficiency. In this regard, many aspects of legal thought andinstitutions may be evaluated according to their role in bringing economicefficiency to the society. In this essay, we will discuss the so-called Prescriptionas a legal institution. The most important questions which in this essay we aregoing to answer are: Is the economic analysis of prescription the same asevaluating advantages of prescription –which has a profound literature– or it isanother concept? Is prescription an efficient policy to the economists or it iswholly or partly inefficient? By assuming that it is an efficient device, howshould be its start, end, suspension, interruption and resume? This essay isdivided into two topics of discourse: First, we will explain related key concepts.Then, in the last topic of discourse, the economic analysis of prescription as amatter of law will be rendered.
Taher Habibzadeh
Volume 2, Issue 5 , February 2014, Pages 64-80
Abstract
AbstractNumerous legal issues have raised due to the development of moderntechnologies of communication. In the context of contracts, this phenomenonhad significant effects and caused the necessity of considering the application ofissues of contracts in the context of cyberspace. The law of agency is ...
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AbstractNumerous legal issues have raised due to the development of moderntechnologies of communication. In the context of contracts, this phenomenonhad significant effects and caused the necessity of considering the application ofissues of contracts in the context of cyberspace. The law of agency is one ofthese issues which its rules are going to be brought up in the context ofelectronic contracts through the present essay. The essay is also going toanalyze the legal role of artificial mind, called 'electronic agent', in the processof electronic contracts through interactive websites. It responds to this keyquestion that whether the electronic agent is a merely a tool of communicationbetween the parties or it has an independent legal personality, or its status issomething else in this process. In this regard, first, contract law in Iran,Electronic Commerce Act (1382) and various doctrines about the analyzing thelegal status of electronic agent are examined and criticized comparatively. Then,the Author’s opinion will be presented.
S.M.sadegh Tabatabai; Zahra Akrami
Volume 2, Issue 5 , February 2014, Pages 83-94
Abstract
AbstractOne of the controversial issues among lawyers in termination of obligation andits performance is legal nature of fulfillment of non-object of obligation.Although virtually all jurisprudents agree that this kind of fulfillment needscreditor and debtor's consent, some merely describe it as an ownership ...
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AbstractOne of the controversial issues among lawyers in termination of obligation andits performance is legal nature of fulfillment of non-object of obligation.Although virtually all jurisprudents agree that this kind of fulfillment needscreditor and debtor's consent, some merely describe it as an ownership contractand some others define it as novation as a kind of object changing. Determiningthe legal nature of paying the object which is different from the issue ofobligation, does not merely have analytical and theoretical impacts, but involvesthe effects of the difference between sale and exchange, difference between saleand unspecified contract, difference between novation etc. Those are practicalimpacts of this discussion. In other words, the main aim of this debate is to dealwith the question whether in an agreement such as novation, the guarantees ofdebt become abolished or for the sake of the contractual nature of it, some of theoptions will be applicable. The aim of this study therefore is to present suchviews along with a brief critical analysis.
Ebrahim Dianatinasab
Volume 2, Issue 5 , February 2014, Pages 97-120
Abstract
AbstractIn the late 1950s, some contracts were invented in the field of armaments sale whichlater their usages became common in sale of expensive hi-tech items such assatellite, submarine, military and commercial aircrafts. The purpose of the offsetcontract is to reduce stress and unpleasant economic ...
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AbstractIn the late 1950s, some contracts were invented in the field of armaments sale whichlater their usages became common in sale of expensive hi-tech items such assatellite, submarine, military and commercial aircrafts. The purpose of the offsetcontract is to reduce stress and unpleasant economic or political consequenceswhich are originated from macroeconomic costs spent for exporting the expensiveitems. In these contracts which are known under the title of “offsets”, “industrialpartnership”, “industrial compensations”, the shopper -who usually is government- purchases the services and expensive industrial goods provided that series ofremedial and reciprocal commitments are conducted by another party. Theinteraction between the purchase and remedial obligations, makes these formulascomplex. In this essay, not only am I going to explain a short story, concepts, statusof the offset contract in mutual trade, types of offset contracts, mutual and remedialexporter’s obligations, but also I am going to examine the nature and relation ofsuch contracts under the title of complex contract while having a legal analysisapproach.
Mohammad Soltani
Volume 2, Issue 5 , February 2014, Pages 123-148
Abstract
AbstractIndependent bank guarantee has been utilized since decades ago and isextensively common in internal relations. Independent bank guarantee, unlikeletter of credit, has a guarantee nature. therefore, in most cases, it would beexpired without any demand for payment. However, when the beneficiarydecides ...
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AbstractIndependent bank guarantee has been utilized since decades ago and isextensively common in internal relations. Independent bank guarantee, unlikeletter of credit, has a guarantee nature. therefore, in most cases, it would beexpired without any demand for payment. However, when the beneficiarydecides to demand for the payment, the effects of the guarantee will be appearedmore considerably. When there is a legal demand for the payment, the bankshould pay the amount of the document. Understanding the rules governing thelegal demand will lead the bank to avoid the payment, in cases where therequirements are not met. Also, it would enable the beneficiary to protect hisrights through a legal demand. The present essay deals with details of a legaldemand according to Iranian and French law, and with regard to internationaluniform rules on this matter.
