Hamid Miri; Mansour Amini; Saman Motaghi Shahri
Abstract
This article discusses Electronic Funds Transfer (EFT) based on an assignment framework. Payment order in EFT is considered to be an assignment offer. If the Fund Transfer is considered on this basis, it must contain conditions for the emergence of an assignment and its legal consequences. In this ...
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This article discusses Electronic Funds Transfer (EFT) based on an assignment framework. Payment order in EFT is considered to be an assignment offer. If the Fund Transfer is considered on this basis, it must contain conditions for the emergence of an assignment and its legal consequences. In this respect, debt or credit as subject matter of this agreement is available in most cases of EFT, even if there is no debtor and creditor relationship between the issuer of the payment order and beneficiary. In terms of intent for creation an assignment, since the issuer is willing to transfer funds that is being holding by bank and there is no need for debtor’s consent and there is no fiduciary relationship between them, the legal relationship created between the issuer and the bank has to be interfered as an assignment. As regards consequences, by accepted this idea, the right of the bank to reject Fund Transfer order can easily be interpreted. Having said that, what a bank does on order after receipt of payment order should not be considered to be the acceptance of the offer, because this is a regular and preliminary process. Since the doctrine is not able to respond to some situations for Fund Transfer, including Fund Transfer to another account of the issuer, it has been subject to some criticisms.
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 ...
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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.
Mohammad Hadi Daraei
Abstract
The new Islamic Penal Code of 1392, on the one hand delimitate the liability of physicians, but on the other hand, it contains new provisions for protecting patients.The new Code sets aside liability based on the theory of lack of fault of physicians, which is the common word of Imamiyeh jurists and ...
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The new Islamic Penal Code of 1392, on the one hand delimitate the liability of physicians, but on the other hand, it contains new provisions for protecting patients.The new Code sets aside liability based on the theory of lack of fault of physicians, which is the common word of Imamiyeh jurists and was adopted in the 1370 Code. Instead, the new Code adopts the theory of presumed liability. In addition, to give more protection to physicians, obtaining patient`s consent exempts physicians from liability. Moreover, the new Code indicates that if patient or nurse is aware of the error of medical order, physicians have no liability. A further change is the affirmation of bona fide as a means of discharge of civil liability. As it was stated, the new Code has provisions in order to protect patients. Also, it gradate physicians and make them updated in accordance with the latest developments of medical sciences. Hence, it is provided that any scientific or practical fault or default(neglect) of physician, make him liable. This means that the ignorance of medical science and new methods of treatments is regarded as a cause of civil liability. It seems that this regulation is the turning point in the Panel Code to protect the patients, although this evolution should have been clearer.
