Private Law Research

Abstract The adoption of Article 495 of new Islamic Penal Code has removed the
ambiguity in determining physicians’ liability basis . In other words, it considers
physicians’ civil liability on the basis of presumed fault. However, the questions
are: What are criteria for this fault? On what basis, will judges make a judgment
for liability or lack of liability of physicians? Iranian lawyers have not
addressed these questions clearly and adequately. The general requirement of
"Failure to comply with reasonable skill and care standards" had been
mentioned by foreign lawyers and academics in leading legal systems for the
purpose of recognizing physicians' fault . Having said that, due to extensive
criticisms, particularly by German lawyers, this criterion has challenged these
legal systems. As a result, the "objective fault" criterion is gradually changing
to "a relative fault" criterion. It means that in recognizing the fault, the
reasonable physician’s behavior is not the only criterion and other similar
physicians are also the pattern for recognition of his fault.

Abstract Fair competition in the market provides benefits to both consumers and
society. However, in some cases, competitors adversely affect the commercial
interests of each other by resorting to illegal methods. Such a competition in
which competitors use illegitimate means is regarded as illegitimate and
unlawful. In order to clarify the nature of unfair competition, this paper
examines the concept of unfair competition and its various instances. For a
better understanding, it also compares the concept of unfair competition with
some relevant institutions.

Abstract Globalization of law is an incontestable reality. It is a major concern, which
can be justified not only from structural, conceptual and legal values perspectives,
but also in terms of the legislative patterning realm. Laws of Islamic Nations
cannot remain unaffected from this reality.
The basis of viable regulation and legal conceptions in European systems, and
generally in the West, has a humane rationality nature. Thus, from substantive
perspective, globalization can be considered to be a kind of threat to laws of
Islamic Nations, since in Islamic law, humane rationality is not the sole basis for
the credibility of legal values, conceptions and structures. Here, it is assumed that
globalization can be viewed as an opportunity, and the adoption of Unified
Islamic Civil Code by following European Civil Code pattern may be regarded as
an example of this opportunity. Nevertheless, the establishment of European Civil
Code and an Islamic Civil Code encounters many challenges. By analysing these
challenges, this article aims to present some solutions.

Abstract The trend of globalization causes an increase in the rapid and convenient
movement of persons, goods and products resulting in legal challenges that
involve foreign elements. One of the legal relations is concerned with product
liability derived mainly from tort. An increase in the movement of persons and
goods lead to an increase in product liability claims, and the frequent shipment
of goods to distant points makes an increase in claims against foreign suppliers
inevitable. The choice of law rule applied by courts with respect to claims
arising from a tort committed abroad has remained static for about threequarters
of a century. Attempts have been made to find a connecting factor that
would better fit the circumstances giving rise to such damage claims. The aim of
this paper is to analyze the surrounding issues and policies that govern product
liability action.

Abstract “Terms of Reference” is one of the important documents that should be
produced in some international arbitration. There are various views regarding
the question of whether the terms of reference is a new arbitration agreement or
is just a procedural requirement in the process of arbitration. However, it is a
separate document which differs from the arbitration agreement. Terms of
references is commonly known as a feature of arbitration Under International
Chamber of Commerce Rules of Arbitration and could also be seen in some
other arbitration rules. According to ICC Arbitration Rules, it is compulsory for
the parties and the arbitral tribunal to set the Terms of Reference, but under
some other arbitration rules, such as Japan Arbitration Association, it is
optional. Terms of references should be prepared and signed by the parties and
arbitrators as soon as the file is handed over to the arbitral tribunal. The main
function of this document is to determine the issues on which the arbitral
tribunal should concentrate during the arbitral proceeding. This paper examines
content and legal status of Terms of reference in commercial arbitration and
concludes that the Terms of References could, to a great extent, facilitate and
increase efficiency and accuracy in both institutional and ad hoc arbitration

Abstract These days, because of high costs for carrying out fundamental projects,
foreign financing plays a fundamental role in economic development of
developing countries, including Iran. A financier is seeking for a secure
environment for investment in order to be able to secure its capital and to make
a profit. For this purpose, the host State needs to provide a suitable environment
from legal, moral and economic perspectives as well as in terms of security. In
this regard, the role of the host State in providing stability and predictability,
relating to economic, legal and political issues, is of particular significance.
Financing barriers are not the same in all host states. This article deals with
these barriers in Iranian law. It also considers different methods for foreign
financing