MOHAMMAHHASAN SADEGHMOGHADDAM; HADI SHABANIKANDSARI; MAHDI SOKHANVAR
Volume 2, Issue 6 , February 2015, Pages 7-31
Abstract
This article examines the ambiguous testament in Shi'ite jurisprudence and Iran law. The purpose of this article is to present a criterion for determining the ambiguous testamentary property and heirs’ authority range in determining its amount. The questions dealt with are whether the remarked ...
Read More
This article examines the ambiguous testament in Shi'ite jurisprudence and Iran law. The purpose of this article is to present a criterion for determining the ambiguous testamentary property and heirs’ authority range in determining its amount. The questions dealt with are whether the remarked narratives (Revayat) on determining the amount of the testamentary property are applicable in Iran law or not, and whether accepting another rule in Iran law is against the jurisprudence. Moreover, the question is: Is the determination of the testamentary property a condition for the validity of that? The conclusion is that the narratives on determining the ambiguous testament are exclusive of Arab societies and languages. Hence, it is not possible to treat it as a criterion in Iran law. It is rather necessary to consider all of them under a unitary rule and entitles the heirs to determine it based on a general rule. Having said that, the heirs are not completely free in this respect, that is to say, they should determine it in accordance with the ‘will’ and volition of testator as well as with the standard of reasonableness. Therefore, in the possessive testament, the determination of the testamentary property is also a condition which is met by entitling the heirs to specify it. In addition, if heirs do not determine the testamentary or if it is not feasible to refer to them, judge will determine the amount of testamentary.
Mohammad Salehi Mazandarani; Farhad Bayat
Volume 2, Issue 6 , February 2015, Pages 33-61
Abstract
At first glance, the transfer of credit is a legal action taken between a sender and a receiver of credit through which the receiver is obligated to transfer the monetary value of the payment order to the beneficiary in accordance with the instruction received from the transferor. The sender is also ...
Read More
At first glance, the transfer of credit is a legal action taken between a sender and a receiver of credit through which the receiver is obligated to transfer the monetary value of the payment order to the beneficiary in accordance with the instruction received from the transferor. The sender is also obliged to transfer that money, in addition to the cost of transfer, to the other party.Although, on a primary analysis, a credit transfer is more assimilated to a kind of payment instrument that facilitates transfer of money, it might, on a second consideration, seem to be a sort of payment method. A careful scrutiny of this legal institution proves that none of the current traditional contractual forms could properly illustrate the true nature, features and function of this legal entity. This article shows that the nature of this legal entity could well be justified as a non-defined, innominate contract (Aghd-e Gheir-e Moayyan) subject to Article 10 of the Iranian Civil Code. An attempt to accommodate this contract in the form of a defined and specific contract (Adhd-e Moayyan) stems from the traditional view held by certain Islamic jurists who believe in the non-binding nature of non-defined innominate contracts, an idea which has surely no place in the existing Iranian legal system.
Faysal Ameri; Mohammad Reza Shirmardi Dezki
Volume 2, Issue 6 , February 2015, Pages 63-108
Abstract
AbstractThe main purpose of this Article is to examine the new concession agreements, and to compare relevant modifications and changes with the traditional concessions, they have undergone. To this end three subjects are examined: The ownership of the oil, governmental control and management of the ...
Read More
AbstractThe main purpose of this Article is to examine the new concession agreements, and to compare relevant modifications and changes with the traditional concessions, they have undergone. To this end three subjects are examined: The ownership of the oil, governmental control and management of the oil production and the fiscal regime of the agreements in question.In an attempt to deal with the first issue, the study has differentiated between two situations: A situation where the oil is still in place and has not yet been exploited. In this case, as is with other new oil contracts, under the new concessions the government still owns the oil. The other situation is when the oil is produced and is technically speaking at the wellhead, in which point the concessionaire acquires the ownership of the produced oil; while the host government retains ownership of resources that remains in the subsoil. This salient feature of the concessions (both the new and the traditional ones) makes it distinguishable from other petroleum contracts. For instance, in a production sharing agreement a percentage of the ownership of product is conveyed to the contractor at the exporting point, whereas, under a service contract, the contractor does not acquire any ownership rights over the oil production.With respect to governmental control and management, we have found that due to awareness of the host governments of the benefits of their natural resources, they were able to obtain the right of control and management of the exploration and exploitation of their resources , which found expression not only in the new concessions but also in such agreements as service and production sharing contracts. In practice, however, because of the paucity of the requisite skill and technology for exploration and exploitation operations, they have not been able to achieve such a purpose.As regards the question of the fiscal regime, where such matters as taxation, royalty and bonus were examined, we found that all changes made, were in favour of the host countries: except, however, where the risk of failure to explore successfully was very high; in which case more attractive and incentive rewards were granted to the concessionaire.
Gholam nabi Fayzi chekab; ALI Darzi
Volume 2, Issue 6 , February 2015, Pages 109-137
Abstract
In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between ...
Read More
In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between the seller and the factor, and it is based on transfer of debt. By concluding the aforesaid contract, two groups of people are affected. The first group includes the seller and the factor, that is, as a result of the aforesaid contract, a direct contractual relationship is created between them. Their agreement is the primary element in determining their rights and obligations. The second group includes third parties who have no contractual relationship with the factor and the seller. This group consists of debtor who is directly involved in the execution of the contract and third parties other than the debtor like seller’s creditors and subsequent transferees of the same accounts receivable who not are involved directly.
Hassan Mohseni
Volume 2, Issue 6 , February 2015, Pages 139-159
Abstract
AbstractProcedural acts may be invalid because of formal or substantive Irregularity. There is a distinction between invalidity of instruments owning to formal irregularity and invalidity of documents due to essential defect; a distinction that affects nature, its plea time and subsequent regularization ...
Read More
AbstractProcedural acts may be invalid because of formal or substantive Irregularity. There is a distinction between invalidity of instruments owning to formal irregularity and invalidity of documents due to essential defect; a distinction that affects nature, its plea time and subsequent regularization of document. In French law, formal invalidity must be expressly provided for in Law, except where it is a case of a failure to comply with an important formality or public policy. However, plea of invalidity based on failure to comply with substantive rules relating to written pleadings shall be admissible without being necessary for the party to raise and prove any prejudice to him even in situations where the invalidity does not arise under express provisions. In Iranian law, there is no such distinction; there are rather conflicts of opinions on some cases for which Iranian law has not adopted any regulation. The issue of enforcement in Iranian procedural law needs to be revised and developed.
kheyrollah Hormozi
Volume 2, Issue 6 , February 2015, Pages 161-193
Abstract
The purpose of adopting rules and regulation for the determination of courts’ jurisdiction is to categorize duties of courts on the basis of subject-matter of disputes, crime and so on. In civil procedure rules, jurisdiction is normally divided into subjective-matter, territorial and value jurisdictions. ...
Read More
The purpose of adopting rules and regulation for the determination of courts’ jurisdiction is to categorize duties of courts on the basis of subject-matter of disputes, crime and so on. In civil procedure rules, jurisdiction is normally divided into subjective-matter, territorial and value jurisdictions. There are situations in which courts are given competence, for specific purposes, to deal with a dispute, even though they do not have the above-mentioned jurisdictions. This is called prorogation jurisdiction. This article aims to examine jurisdictional rules and prorogation jurisdiction cases
