Farhad Edrisi; Hamid Reza Heydari
Volume 3, Issue 8 , April 2015, Pages 9-42
Abstract
Article 140 of the Iranian Civil Code, following Islamic jurisprudence, regards inheritance as the fourth cause of ownership. After death, one of the most important issues raised from the contract is the legal rights that had been given to the deceased. One of the legal rights is a consent ...
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Article 140 of the Iranian Civil Code, following Islamic jurisprudence, regards inheritance as the fourth cause of ownership. After death, one of the most important issues raised from the contract is the legal rights that had been given to the deceased. One of the legal rights is a consent to or refusal of a blunt transaction. In other words, the questions are: Is this right subject to inheritance after the right owner dies? If yes, how should heirs act? Iranian Civil Code and other legislation have not dealt with this issue adequately. Article 253 of the Code only states that this consent or refusal can be inherited in unauthorised transactions. In relation to this consent or refusal in blunt transactions, Islamic jurists treat it as a warrant, whereas there is a controversy among lawyers. Some lawyers consider it to be a right; however, others perceive it as a warrant. The prevailing view is the latter. Another question posed here is whether the inheritance of the consent or refusal depends on the subject-matter of the contract or it is an independent issue. In answering this question, it should be said that the inheritance of the consent or refusal is followed by inheritance of the subject-matter of contract (property). In other words, it can be interpreted that the property of the deceased is inherited to each heirs who inherits based on their own ownership. This article considers how this right is inherited, and examines relevant provisions and circumstances.
Mohammad Reza Pasban; Zeinab Asghari
Volume 3, Issue 8 , April 2015, Pages 43-70
Abstract
Like numerous developing countries, Iran strives to attract foreign investment in order to develop its economy. In recent years, Iran concluded many bilateral investment treaties (BIT) with a number of countries. The standard of fair and equitable treatment (FET) is one of the most significant ...
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Like numerous developing countries, Iran strives to attract foreign investment in order to develop its economy. In recent years, Iran concluded many bilateral investment treaties (BIT) with a number of countries. The standard of fair and equitable treatment (FET) is one of the most significant standards, which has frequently been considered in investment arbitration. By referring to this standard, foreign investors seek protection from the host-State in relation to legal stability and non-discrimination. The focus of the BITs and investment arbitration jurisprudence has mainly been on obligations of the host-State. There has been little discussion as to obligations of investors. This article examines the concept of corporate social responsibility (CSR), in transnational corporations, in the light of the FET. Although transnational corporation responsibility is substantially based on soft law and volunteer performance, a legal basis could be adopted by considering the FET. The existence of the FET in the vast majority of BITs requires transnational corporations to comply with a number of principles in the host-State, such as the right of development, labour, environment, competition and human rights laws.
Amir Sadeghi Neshat
Volume 3, Issue 8 , April 2015, Pages 46-61
Abstract
The validity of electronic evidence is recognized by Electronic Commerce Act (1382) and Electronic Crimes Act (1389), and hence, there is no problem to rely on it. Having said that, it is important to examine this issue by considering the followings: First, to illustrate its evidentiary nature as a document. ...
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The validity of electronic evidence is recognized by Electronic Commerce Act (1382) and Electronic Crimes Act (1389), and hence, there is no problem to rely on it. Having said that, it is important to examine this issue by considering the followings: First, to illustrate its evidentiary nature as a document. Second, to discuss relevant provisions of the Acts and existing shortcomings. Third, to address problems of quality of the current technology for the purpose of meeting legal standards in relation to the originality of evidence against its copy. This article deals with the above-mentioned issues and proposes some suggestions for reforming the Electronic Commerce Act.
Mohammad Abedi; Ali Saatchi; Farzad Javidi Al Saadi
Volume 3, Issue 8 , April 2015, Pages 101-119
Abstract
According to "contracts are subordinate to intents" rule, a contract is subordinate to actual intent of parties. Therefore, if two parties conclude a contract, but their intent is about another contract, a legal act is based on what they have intended in spite of choosing another title for it. One of ...
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According to "contracts are subordinate to intents" rule, a contract is subordinate to actual intent of parties. Therefore, if two parties conclude a contract, but their intent is about another contract, a legal act is based on what they have intended in spite of choosing another title for it. One of the common issues raised frequently in case law is use of proxy as a cover for assigning ownership. This occurs for many reasons. This legal act is a sale contract along with agency. However, in some cases, this is only an agency contract which is a presumption of precedent sale contract. In some other cases, the legal act is void. This article aims to elucidate position, nature and effects of this legal act by examining reasons for doing it
Bizhan Haji Azizi; Shahrzad Ghafghazi ol asl
Volume 3, Issue 8 , April 2015, Pages 121-136
Abstract
There are some cases in which spouses cannot give birth naturally and conception occurs by insemination of father’s sperm and mother’s egg in laboratory. If the insemination is done after the father’s death, the question is whether the baby, who has been born by inseminating, ...
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There are some cases in which spouses cannot give birth naturally and conception occurs by insemination of father’s sperm and mother’s egg in laboratory. If the insemination is done after the father’s death, the question is whether the baby, who has been born by inseminating, has the legitimate lineage and inherits from the dead father or not. This article shows that the legislator has accepted, in some provisions such as Article 875 of the Iranian Civil Code, condition subsequent to fetus inheriting, and has considered criteria for identifying the parentage creating a human from mother’s egg and father’s sperm. It is believed that if the fetus is born alive, he will inherit from his father. Thus, as far as law is concerned, the fetus will inherit from his dead father.
Gholam Nabi Fayzi Chekab; Mahsa Azarmehr
Volume 3, Issue 8 , April 2015, Pages 137-174
Abstract
Today's multimodal transportation industry is a complex and the most widely used industry. The Rotterdam Rules have strived to deal with such complexities, and to provide a reasonable solution for today’s needs of extensive transportation industry. Therefore, the Rotterdam Rules have ...
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Today's multimodal transportation industry is a complex and the most widely used industry. The Rotterdam Rules have strived to deal with such complexities, and to provide a reasonable solution for today’s needs of extensive transportation industry. Therefore, the Rotterdam Rules have expanded the range and scope of its jurisdiction to all sectors of maritime transport operations. The extension of Rotterdam Rules sovereign, inevitably, leads to a complex problem caused by the collision between the Rotterdam Rules and other related Conventions. To address this problem, the Rotterdam Rules have adopted Article 26 to avoid possible conflicts and Article 82 to solve the conflicts, even though this method of conflict resolution is not compatible with the objectives of the Rotterdam Rules for achieving uniform and integrated systems. This article aims to elaborate the scope of the Rotterdam Rules in terms of time, place and subject of the Rotterdam Rules jurisdiction, and also to examine how the Rotterdam Rules coexist with other maritime and non-maritime transportation conventions.
