Private Law
seyyed Hasan hosseini Moghaddam; ali soleimani andarvar
Abstract
The digital revolution has led to growing smart goods, which today have become an important economic and social element. This has prompted the European Union to lay down provisions on the basic elements of the sale of goods, including material conformity of digital goods, in order to make the most of ...
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The digital revolution has led to growing smart goods, which today have become an important economic and social element. This has prompted the European Union to lay down provisions on the basic elements of the sale of goods, including material conformity of digital goods, in order to make the most of the existing capacity and economic growth of its member countries. The issue of material conformity of goods with the contract has always played a central role in domestic and international sales transactions. The mentioned directive, contrary to the domestic laws of most countries, provides a single concept of goods conformity and implements the same performance guarantee in case of non-conformity. But in Iranian law, there is no specific regulation on the subject of goods conformity, and it sporadically provides subtle distinctions on the subject of goods conformity, which has caused differences between lawyers and court opinions, and as a result, the lack of development of cross-border transactions. Therefore, the purpose of the present study is to determine the seller's obligations regarding the material conformity of digital goods with the contract by examining the aforementioned instructions and to analyze this situation in Iranian law. These studies showed that in the sale of digital goods, the subjective and objective requirements of conformity, in addition to the physical component of the goods, must also be present in its digital component, and the seller is committed to providing updates. However, there is no explicit text in this regard in Iranian law, but traces of these requirements can be found in scattered laws.
Private Law
Parviz Hajipoor; Ali Faghih Habibi; Tavakol Habibzadeh
Abstract
The principle of documenting, reasoning, and justifying the opinions of quasi-judicial authorities is one of the elements of a fair trial. Given that administrative decisions are linked to the public interest, the application of this principle in decisions and rulings issued by these authorities, as ...
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The principle of documenting, reasoning, and justifying the opinions of quasi-judicial authorities is one of the elements of a fair trial. Given that administrative decisions are linked to the public interest, the application of this principle in decisions and rulings issued by these authorities, as well as the oversight of the Court of Administrative Justice as a judicial body on the rulings issued by these authorities, can be necessary to evaluate the performance of the government and the judiciary against the public conscience of society. Examining the judicial procedure of quasi-judicial authorities and the Court of Administrative Justice, it seems that paying attention to the principles of a fair trial in general and monitoring the reasoning and documenting of opinions and decisions in particular, has not yet found its proper place. These principles and their importance have been mentioned in the jurisprudence of the Court of Administrative Justice, but this issue has not been considered by the quasi-judicial authorities. This issue has not yet reached its true place in the jurisprudence of the Court of Administrative Justice, and this issue has become more and more important due to the pervasiveness of fair trials in legal systems.
