hossein adib; rasul mazaheri kuhanestani; Mohmmadmahdi Alsharif; mahmod jalali
Abstract
Social life requirements prompt legislators to impose limitations on and even forevlose private ownership under certain circumstances, based on the public power of State institutions and for public interest; such discretion is however not absolute and State institutions are authorized to expropriate ...
Read More
Social life requirements prompt legislators to impose limitations on and even forevlose private ownership under certain circumstances, based on the public power of State institutions and for public interest; such discretion is however not absolute and State institutions are authorized to expropriate a land that the payment of its price is made and legal formalities are observed. Under Iranian legal system, the initiation of compulsary purchase measures depends on an approved plan, required financing, the implementing the plan and public promulgation of the plan however, unlike English law, citizens are not involved in the process of approving the plans and their content and no objection mechanism to plans has been predicted before the plans are approved and finalized.Under British law, compensation is not limited to the properties lying within an urban planning scheme, but it may be obligatory in case no land has been expropriated, however, the properties be harmed due to the provision of public service or subsequent use of public installations.This article, with its analytical-descriptive methodology, seeks to explain ?? aspects of Iranian and British legal systems as regards the expropriation of lands and properties and compensation methods resulting from the limitation of private ownership.
MOJTABA SHAFIEI; QODARZ EFTEKHAR JAHROME
Abstract
Propagation is one of the things imaginable about property. In this case, instead of the ownership of the property in general, it belongs to one person, two or more persons own the property. In the case of distribution, the ownership of the partners is in all components, so that each part of the property ...
Read More
Propagation is one of the things imaginable about property. In this case, instead of the ownership of the property in general, it belongs to one person, two or more persons own the property. In the case of distribution, the ownership of the partners is in all components, so that each part of the property that is considered is shared by all partners, and no partner can have any exclusive claim against the part of the property. The question is, does one of the partners have the right to rent the property to another? There are two general points in this regard and it is accepted in Iran's law following the famous jurisprudence of the Imams. There is also a controversy in Egyptian law, but in the end, the rights of this country, with a decree, have been passed to the acceptance of the theory of the rentier rentals Is. However, both in the doctrine and in the judicial system of the country, there are sometimes opposing views on the inaccuracy of mortgage lease. In the present article, the concept of hire-rent, the basics of admission, has been investigated.
Iraj Babaei; Abbas Toosi; Morteza Torabi
Abstract
Private autonomy is one of the principles of human rights,according to which the individual freely exercises his will fully, in individual and social life. Imposing a duty on a person is just when it is based on the free choice of the individual. The principle of freedom of contract and its consequent ...
Read More
Private autonomy is one of the principles of human rights,according to which the individual freely exercises his will fully, in individual and social life. Imposing a duty on a person is just when it is based on the free choice of the individual. The principle of freedom of contract and its consequent principle of contractual freedom,with respect to the will and liberties, is also rooted in the principles of human rights.Contractual freedom has traditionally emphasized the negative side of freedom,namely the non-interference and sanctity of contracts.The positive aspect of freedoms is the emphasis on the free development of different aspects of personality that require intervention. The question is,can private autonomy be considered a positive aspect of freedom and prevent the exploitation of the parties? In a comparative study of German and British law, we will see that the principle of private autonomy,relying on the right to self-determination, is seen as positive aspect of contractual freedom, which is an important basis for upholding fundamental human rights in support of the weaker party and countering unfair conditions. In Iranian law,this principle can be extracted by means of principles that override the negative aspect of contractual freedom and limit the essential as necessary.
vahid bazzar
Abstract
The unmeritorious claims, which in addition to wasting time and money, delaying reparation, is one of the challenges that arbitration tribunals have always faced. For the first time, rule 41 (5) of the ICSID arbitration rules in 2006 made it possible to, at the request of parties to the dispute, the ...
Read More
The unmeritorious claims, which in addition to wasting time and money, delaying reparation, is one of the challenges that arbitration tribunals have always faced. For the first time, rule 41 (5) of the ICSID arbitration rules in 2006 made it possible to, at the request of parties to the dispute, the arbitral tribunal dismisses a claim is manifestly without legal merit before the start of the proceedings. The mechanism, which has since been accepted in some arbitration rules and some investment arbitration awards, has specific features, requirements, and legal consequences. Thus, the request, which may be related to jurisdictional or substantive nature, must be filed within a short time after filing the application and the reasons must also be given. Also, this proceeding is urgent and the arbitral tribunal must decide after hearing the parties of the dispute's arguments and defenses. This mechanism is very important, as the decision of the tribunal in acceptance of the request is subject to res judicata. This mechanism is very important, as the decision of the tribunal in acceptance of the request is subject to res judicata.
Shokat Shayesteh; Mohammad Hbibi Majandeh
Abstract
If there is a foreign factor in intellectual property disputes, then the matter of choice-of-court and choice-of-law will be arisen. The most important question in the parties’ minds is that whether they can choose the competent court and applicable law by agreement and also prevent from the complicated ...
Read More
If there is a foreign factor in intellectual property disputes, then the matter of choice-of-court and choice-of-law will be arisen. The most important question in the parties’ minds is that whether they can choose the competent court and applicable law by agreement and also prevent from the complicated and vague process of the forum interference. The freedom of choice is accepted as a principle in the determination of competent court and applicable law in the intellectual property disputes and there are few exceptions. According to all international documents the choice-of-court agreements will cause exclusive jurisdiction unless otherwise is specified. Those agreements shall govern all rules except those of subject-matter jurisdiction. Choice of law is valid in IP contracts but there are hesitations over the ownership and infringement of IP rights. According to the most acceptable opinion, choice of law on the ownership of intellectual property including existence, validity, duration, infringement, assignment, … is not valid because of imperative nature of regulations over those subjects. Also choice of law on infringement can be enforceable only after the commitment of infringing act.
Mohammad Hassan Sadeghy moghadam; hojat allah moradi
Abstract
There is less interest in discrediting Jurisprudence in the context of mortgage. Even those who don’t consider the bill a condition of the validity or necessity of the mortgage, still oppose the interest mortgage. The reason for invalidating the interests of mortgages can't ...
Read More
There is less interest in discrediting Jurisprudence in the context of mortgage. Even those who don’t consider the bill a condition of the validity or necessity of the mortgage, still oppose the interest mortgage. The reason for invalidating the interests of mortgages can't be divided in to two main categories. The first category is the reason that the bill is considered a condition of the mortgage. With the condition of knowing the bill and recognizing the interests of the debtor. The interests of mortgages are not automatically eliminated. The second group regardless of the condition of the bill consider mortgage as opposite of jurists property must have characteristics that an satisfy the ultimate desirability of mortgages in security, Because the interest bill is slowly being created. It is not possible to get it. But all these reason are disputed. The necessity to own the property id to the conditional of the bill. If the bill requirement is removed is removed the need for objectivity is also eliminated. Buying and selling money is not the only way to get money. This is because we can achieve this goal by renting property.
mohammadreza kaykha; alireza abin
Abstract
Respect for property is one of the legal rules of law, and unlawful domination or unjust harm will render the offender liable. The intentional look and the importance of safeguarding the financial rights of individuals in the community and ensuring their rights in this area has led the legislator to ...
Read More
Respect for property is one of the legal rules of law, and unlawful domination or unjust harm will render the offender liable. The intentional look and the importance of safeguarding the financial rights of individuals in the community and ensuring their rights in this area has led the legislator to adopt rigorous policies in the field, one of which is the crystallization of the rule of crystallization. Has found. As to the validity of this rule (relative to the ignorant or ignorant ruler), at least two competing currents of absolutism can be deduced from Imamiyah, Sunni, and Iranian law: In one sense, this rule is completely invalid and, with the new principles of civil liability The conflict is obvious. On the other hand, the validity of this rule is a matter of jurisprudence and law and its social necessities are backed. This descriptive-analytical study shows that in analyzing this rule one should choose the middle way and based on the presence or absence of a good intent element in the unauthorized occupant, a proper and proper conduit for the flow of the rule. The phenomena in which Sunni jurisprudence has been traced back to it have referred to the judgmental
reza valavion
Abstract
Review of Article 892 of Civil Code on "Hujb-i Nuqsani" ('Partial Exclusion from Inheritance') Reza Valavioun[1] Date Received: 04 March 2019 ...
Read More
Review of Article 892 of Civil Code on "Hujb-i Nuqsani" ('Partial Exclusion from Inheritance') Reza Valavioun[1] Date Received: 04 March 2019 Date Accepted: 12 Desember 2020 Abstract Our legislator has borrowed the term "Hujb-i Nuqsani" ('partial exclusion') from Imamieh jurisprudence, discussed it without any changes in article 886 of Civil Code, and then restated it in chapter 4 of Civil Code. In article 892 of Civil Law of partial exclusion from inheritance, the legislator has mentioned father as the partially excluded one. According to article 892 of Civil Code, when a dead person has children or descendants, parents of the dead person are deprived of inheriting more than one-third. However father is not among the partially excluded, and the legislator's sentence which contains an error, is due to adherence to Imamieh jurisprudence. And most authors of Civil Law, without reviewing the issue, have repeated the aforementioned error in their books.In this article, we have not only explained and clarified the error, but also suggested to omit it. The summary of this article is as follows:A: A child whether son or daughter decreases the mother's share from one-third to one-sixth.B: Father's siblings (under certain conditions) decrease mother's share and prevents the mother from inheriting the rest of the inheritance on the basis of the mother's actual share.C: A male child decreases the mother's share because it's unsuspected that the mother inherits the rest of the inheritance on the basis of her actual share.D: A female child does not prevent mother to inherit the rest of inheritance on the basis of her actual share.E: A child does not prevent the parents from inheriting the rest of inheritance. [1]. Assistant professor of private law, Allameh Tabataba'i University, Tehran, IRAN. Email: valaviounreza@gmail.com
