Ghafour Khoeini; Atiyeh shamsollahi; Soheil Zolfaghari
Volume 2, Issue 4 , December 2013, , Pages 111-137
Abstract
AbstractThe judicial modification of contract as a result of decrease of moneyvalue is a legal- economic concept emerged due to the economic fluctuationin recent century. According to the legal, philosophical and the economicbasics presented for modification and decreasing money value, unfairpossession ...
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AbstractThe judicial modification of contract as a result of decrease of moneyvalue is a legal- economic concept emerged due to the economic fluctuationin recent century. According to the legal, philosophical and the economicbasics presented for modification and decreasing money value, unfairpossession seems to be a good basis, although the current legal systemhardly accepts it. It seems that the legislator has accepted the hardshipsresulting from decreasing value as a basis.Regarding its nature decrease in money value causes liability and it canbe compensated. The important point is possibility of maintaining thecontract at its own forms considering value decrease. So in some cases valuedecrease of money, modification will not be justifiable. Continuation of thecontract and keeping the agreed terms can be a suitable equivalent.
Saeid Mohseni; Seyyed Mohammad Mahdi Ghabolidorafshan
Volume 1, Issue 2 , February 2013, , Pages 167-195
Abstract
Fundamental errors in the complication of a literary and artistic works and arts or deep changes in thoughts and ideas may couse a gap between the author and his works or his reputation and dignity. Therefore, one of intellectual rights in literary and artistic Property for arts creator has been identified ...
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Fundamental errors in the complication of a literary and artistic works and arts or deep changes in thoughts and ideas may couse a gap between the author and his works or his reputation and dignity. Therefore, one of intellectual rights in literary and artistic Property for arts creator has been identified in legal systems of France and egypt. A right of author is modification and withdrawal of works. Also the acceptance of rights is not absoult limited scope and specific conditions shuch as compensation of lose are predicateble for implementation of rights. In Iran this right has been not mentioned in the legal exts and regulations. So in the this paper we take consideration the achievement of French and Egyptian legal systems or legal jurisprudence approach toward concept and scope of rights is necessary to enter of kingdoms ore use of rules and rules out is had. Obviously in this case the scope rights shall be determind in according to principles. However it is worth that legislative considerderd the special rights for literary and artitics. However it is worth that legislative considered the special rights for literary and artistic or experience use of other legal systems. It ust be acted toward the effects of explicit forecast.