Mahmood Bagheri; Somayyeh Sadat Miri Lavasani
Volume 1, Issue 2 , February 2013, Pages 1-28
Abstract
Public goods are used to meet the essentianl needs of the people in general. Acceleration of globalization besides other reasons, have conferred a global characteristic to these goods which the shortage in their provision at international level, necessitates further cooperation between states and international ...
Read More
Public goods are used to meet the essentianl needs of the people in general. Acceleration of globalization besides other reasons, have conferred a global characteristic to these goods which the shortage in their provision at international level, necessitates further cooperation between states and international organizations in their distribution. This idea was first introduced in Economy, but due to its influence onprovision of peoples’ needs in different life domains, it can be considered as a thorough theory covering a wide range of issues especially in distribution of resources among individuals and countries. The present article aims at exploring the distributive attitude in public goods theory and its place among other notable theories regarding distributive justice. Further, while presenting examples of global public goods and describing the situation of their provision in the world, the author tries to propose suggestions for refinement of the global provision of these goods notably global financial resources which is necessary for provision of other public goods.
Mansor Jabbari
Volume 1, Issue 2 , February 2013, Pages 29-62
Abstract
When passengers or goods do not reach their destination at the agreed time, non-performance of timely transportation contract is executed. Agreed time may explicitly or implicitly listed on the ticket or from advertising of transpors or pubic news to be understood. League of Europe, United States and ...
Read More
When passengers or goods do not reach their destination at the agreed time, non-performance of timely transportation contract is executed. Agreed time may explicitly or implicitly listed on the ticket or from advertising of transpors or pubic news to be understood. League of Europe, United States and Iran has confirmed any rights of passengers as aircraft delays, cancelation of flight or ticket confirmation or additional capacity aircraft. To assimilate some of aviation regulations, Warsaw and Montreal convention have determined liability for damages in international flight. Both of convwntions discussed liability for timely transport flight. This research survived their responsibility attendant delays, cancellation of flights or additional aircraft capacity in European countres, Iran, United States and International law.
Habibollah Rahimi; Zohreh Karimi
Volume 1, Issue 2 , February 2013, Pages 63-87
Abstract
Continuance and performance of a contract is important in Iranian law, and legislator in Iran has emphasized on it in several cases. Though complete performance is the aim of concluding a contract, when for any reasons it is not possible and some part of conclusion is not performed, the necessity of ...
Read More
Continuance and performance of a contract is important in Iranian law, and legislator in Iran has emphasized on it in several cases. Though complete performance is the aim of concluding a contract, when for any reasons it is not possible and some part of conclusion is not performed, the necessity of severance of a contract come into existence. The principle of severability of contracts prevents termination of a contract as a whole, in the case of partial breach or non-performance. Thus whenan abstraction is occurred on the way of complete performance, partial performance of a contract is better than termination of the contract as a whole. This rule is the result of the principle of severability of a contract and for non-severability there should be legal or contractual reasons
Mohammad Hasan Sadeghi Moghadam; Seyeed Mohammad Tabatabai Nejad
Volume 1, Issue 2 , February 2013, Pages 89-115
Abstract
Non-Disclosure Agreement(NDA), also known as a confidentiality agreement, or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access ...
Read More
Non-Disclosure Agreement(NDA), also known as a confidentiality agreement, or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information. In this article we examine the structure and elements of the contract, and compare it in some respects with other kinds of securing intellectual property such as patent. In conclusion we understand that although this contract is an efficient model of securing information but it is not an enough one, so every company involved in the field of the information, shall use different kinds of protection to work complementary
Seyed Mohammad Sadegh Tabatabaei; Yousef Barari Chenari
Volume 1, Issue 2 , February 2013, Pages 117-136
Abstract
According to article 311 of Iranian Civil Code, the usurper is obliged to give back the substitute of usurped property to the owner under two subsequent conditions: the first one is in the case of loss of the usurped property; the second is the case of presence without the possibility to deliver. The ...
Read More
According to article 311 of Iranian Civil Code, the usurper is obliged to give back the substitute of usurped property to the owner under two subsequent conditions: the first one is in the case of loss of the usurped property; the second is the case of presence without the possibility to deliver. The substitute in the first case is a substitute of loss, while in the second case it would be an intervening substitute (Badal Heilulah). Thus intervening substitute is due to the case of usurp, without the possibility of withdrawal, whether temporary or permanent.Such situation, raise the question of essence and regulations of intervening substitute and the question of ownership of its benefits in the different intervals of possession
Gilda Keisandokht
Volume 1, Issue 2 , February 2013, Pages 137-165
Abstract
Legal order has two different meanings: The first one is a collection of regulations that governs people in the society. The second one is legal security which is derived from the enforcement of legal rules and is one of the main objectives of the establishment of legal rules. In this article along with ...
Read More
Legal order has two different meanings: The first one is a collection of regulations that governs people in the society. The second one is legal security which is derived from the enforcement of legal rules and is one of the main objectives of the establishment of legal rules. In this article along with analyzingnotary’s role in development of legal order, we will consider both of those meanings and will see that in spite of importance and expertise of the notary and his role as a justice of the peace, he has not managed to ful fill his traditional functions like authentication of legal acts so far in our country and as a result he cannot well participate in development and growth of legal order. Moreover after implementation privatization programs, it seems that the non sovereignty functions of the Registration Office should be delegated to the notary as an important member of private sector and the supervisory role of the Registration Office over the notaries should be more efficient than the past
Saeid Mohseni; Seyyed Mohammad Mahdi Ghabolidorafshan
Volume 1, Issue 2 , February 2013, Pages 167-195
Abstract
Fundamental errors in the complication of a literary and artistic works and arts or deep changes in thoughts and ideas may couse a gap between the author and his works or his reputation and dignity. Therefore, one of intellectual rights in literary and artistic Property for arts creator has been identified ...
Read More
Fundamental errors in the complication of a literary and artistic works and arts or deep changes in thoughts and ideas may couse a gap between the author and his works or his reputation and dignity. Therefore, one of intellectual rights in literary and artistic Property for arts creator has been identified in legal systems of France and egypt. A right of author is modification and withdrawal of works. Also the acceptance of rights is not absoult limited scope and specific conditions shuch as compensation of lose are predicateble for implementation of rights. In Iran this right has been not mentioned in the legal exts and regulations. So in the this paper we take consideration the achievement of French and Egyptian legal systems or legal jurisprudence approach toward concept and scope of rights is necessary to enter of kingdoms ore use of rules and rules out is had. Obviously in this case the scope rights shall be determind in according to principles. However it is worth that legislative considerderd the special rights for literary and artitics. However it is worth that legislative considered the special rights for literary and artistic or experience use of other legal systems. It ust be acted toward the effects of explicit forecast.
