Private Law Research

Abstract Nowadays, in most of  legal systems »contributory negligence« is a one of  the factors that entirely or partially divested injured from compensation with cut the causation between loss and harmful act. This article is seeking to analyzing Iranian and English  legal systems  ,regarding to Acts and judicial precedent in police civil liability,  about this subject (contributory negligence). In this regard, Iranian legal system  in encountering police  with guilty or accused people, requires Innocence of injured people as one of elements of police civil liability. Additionally the approach of police and injured in creation of loss, has various Assumptions that contribute both of  them in creation of loss, is the most complex among them. judicial precedent ,also, don’t follow the one opinion and consider different issues like legal standards, wasted blood person etc;  in terms of approach and  negligence of injured and police.      

Abstract Abstract In a lease contract, lessee sometimes acts in order to making construction or planting trees with approval of lessor. Also it is possible that possessions of lessee are done illegally. In these cases, after expiry of the lease, rights of lessee interfere with rights of lessor. Legislator protects legal acts of lessee and not illegal ones. Domination rule necessitates uprooting of cultivation pro landlord unless in accordance with local custom, the parties accept retention it for receiving average wage of land. The study of Egyptian law shows that the legislator of this country has made differences between legal and illegal possessions, but it also tends to maintain the accessions. Other than this, -unlike Iranian law- it does not consider lease as a possessory contract, even though it pays special attention to what lessee has done in good faith.    

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 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.      

Abstract Creation of the embryo in vitro is one of the major issues that emerged in
recent decades in medicine and it has followed many legal and ethical
issues. The embryos in vitro are used as a way for fertility couples that
are infertile .But Surplus embryos are created in every artificial fertility
cycle that we can keep them frozen and use them in the research,
treatment, buy and sell .While the legal nature of the embryo in vitro is
not known and there is not a law about production, storage and use of
them So It is possible they are used as a tool for business and dealing.
Until the Legal status of in vitro embryo is not clear initially, we can not
take any decision about it So in this article we will be explaining the
Legal status of the fetus.

Abstract One of the governing principles to bank guarantee contracts is the
independent principle. The logical and important result of this principle is
that the obligations mentioned in the bank guarantee are autonomous
from the basic contract and the bank considering its independent
obligation against the interested party is obliged to pay the guarantee
unconditionally. This article considers doctrine views and case law
regarding the concept and scope of the independent principle. It also
examines the compatibility of possible exceptions to this principle, such
as fraud, with Iranian law by addressing this question: In the event of an
exception, will the court be able, irrespective of the contractual nature of
independent principle, to issue an interim order of payment prohibition
and /or attach the sum of guarantee with relief security?

Abstract Right of rescission is one of the main topics of contract law in Islamic
jurisprudence as well as in Iranian Law. Jurists and lawyers have
devoted part of their books to this topic. The issue discussed in this area
is the scope of right of rescission, called " necessary contracts" by jurists
and legal scholars. In other words, legal acts lacking the description
"contract" and "necessary" are exempted from being subject to the right
of rescission. Although supporters of this opinion have put forward
reasons to justify it and it is seemingly logical, a careful look at reasons
given, criticisms , principles of right of rescission, rules of contract law
and principles of interpretation proves the opposite view and not the
famous one. This article examines famous and opposite opinions by
conducting a critical analysis.