Private Law Research

Abstract Internet Service Providers (ISPs) provide for their users a possible to
access to internet and facilities on it. On the whole, we can talk about
both on the tort liability of ISPs for acts connecting with them and
liability for user’s activities. The later is the most important and
arguable subject about ISP liability. Contractual liability is also
another form of liability for ISPs. The liability in the first type is based
on fault. Thus, it must be cleared the creating elements of liability as
including the fault element in order to establish that liability. In the
second type of ISP tort liability the fault liability system is currently
used and the reasons for those who say as opposite to it are not
acceptable. Notwithstanding, ISPs are currently impunity of liability
in U.S. and European Systems in which this impunity are applied as
rule

Abstract The automobile consumer protection Act (2007) has exerted much
effort to establish a special protection for auto consumers. This paper
deals with the various dimensions of this Act including bases and
scopes of auto dealers' tort liability ,as well as concept, essence and
cases of auto defect, consumer information, promotion, recalls,
proceeding and so on.
The results and conclusion of this paper indicate that the above_
mentioned Act has not satisfied the expectations and moreover the
protections for consumers are limited to special cases concerning the
guarantee period. Therefore, many other significant issues have been
disregarded

Abstract Technology Licensing contract are agreements which pave the way for transferring and diffusing of technology. These agreements usually contain restrictive clauses which pose competitive concerns. These restrictive clauses are divided into three categories, one of which is hardcore or per se illegal ones. Having briefly considering the position of these restrictive clauses within the other restrictive practices, this article has mainly the intention to analyze the subject in the light of American and EU laws as well as the international instruments. In doing this job, this paper will also have special reference to the experiences of some Asian countries which by adopting an efficient competition policy have acquired substantial successes in this field. Upon the results of this analysis, this article, showing the surprising deficiencies and obscurities of the Iranian law and challenging its competition policies, will try to provide appropriate guidance and suggestions for legislative bodies, competition council and judicial courts

Abstract The soul does its duties by brain which are foresight and manipulation, therefore at the time of death, the soul leaves the body. There is difference between death of organs and the whole body, because some organs are still alive after death. This fact is the cause of transplantation from dead bodies, particulary Brain dead persons.Since the organs transplantation has the important role in saving the patients, it is necessary to make informed the public about it. In addition of Recognition certain occurrence of brain death, patient’s will or the assent of dead’s relatives is necessary requirment for transplantation, so organs transplant is not legally possible in the lack of these conditions, even though the death about to happen. However some jurisconsults have different idea and believe that mutilation is possible without testament or the assent of dead’s relatives. In accordance with the arthors’ opinion, moslem’s life is very important, so it is necessary to provide the possibility of transplantation in the lack of those requirments. In the other word, It could be said that those conditions are only necessary when life of organ depends upon transplantation. This essay attemps to illustrate the foundations of transplantation in addition to mention to the different opinions.

Abstract Article 30of the Trips agreement is relating to the exceptions and
limitation of patent holders. Protection of the holders is the
predominant approach in the Trips agreement meanwhile the main
goal of the Intellectual property rights is to balance the private right of
holders and the interest of societies .one of the main mechanism that
provided in the Trips to achieve the mentioned goal is use the
exceptions which provided in the Article 30but the ambiguous in this
Article cause the different interpretation between Developed and
developing countries. The jurisprudence of dispute settlement body of
the WTO could not to remove the said ambiguous regarding the
delimitation of private and public interest in the patent system and
despite the dispute settlement body decision regarding the exception
of the IP holder the contracting state of Trips have different
interpretation

Abstract The inefficiency of civil procedure rules, the producers’ high profit and
low value damages suffered by consumers has made legal systems find
some solutions so that justice would be performed at the best. Class actions
civil procedure is a common way first anticipated in USA legal system and
has overwhelmed all European countries as well as many developing ones.
Iran has no appropriate solution to settle class actions despite getting
involved the same problems. In this research we comparatively study class
actions and also investigate current situation of Iran laws and finally we
conclude that current laws should be reviewed

Abstract