Kheyrollah Hormozi
Volume 1, Issue 3 , March 2013, Pages 9-33
Abstract
None-interchangeability of lawsuit elements is known to have beenaccepted as a principle in Iran’s procedural law. However, in practice theprinciple seems unattended in legal terminology and discussions pertainingto procedural law, hence leaving it not satisfactorily entertained. This articleis ...
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None-interchangeability of lawsuit elements is known to have beenaccepted as a principle in Iran’s procedural law. However, in practice theprinciple seems unattended in legal terminology and discussions pertainingto procedural law, hence leaving it not satisfactorily entertained. This articleis aimed at defining the elements of lawsuits and their interchangeabilityover the course of a proceeding, subject to late part of Article 98 of Iran’sProcedural Law; a subject hardly invoked in domestic legal doctrine. BesidesArticle 98, by making reference to various Articles of Iran’s procedural law,this essay shall strive to define Lawsuits Elements and their Interchangeability approach.
Ebrahim Shoarian; Yousef Molayi
Volume 1, Issue 3 , March 2013, Pages 35-64
Abstract
The rule of “Mitigation of Damages” is among the pivotal principlesprevailing the reparation process, based on which the injured party bears anobligation to take any reasonable course of action to minimize damagesbeing incurred and to avoid their expansions ; otherwise, he may not befound ...
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The rule of “Mitigation of Damages” is among the pivotal principlesprevailing the reparation process, based on which the injured party bears anobligation to take any reasonable course of action to minimize damagesbeing incurred and to avoid their expansions ; otherwise, he may not befound entitled to a full compensation. Even though, the principle is onlymoderately addressed, besides Islamic jurisprudence by some local laws andregulations, no independent research has yet been conducted on the subject.The article shall note that such duty of the injured party is not strictlyunlimited , meaning that for it to arise, certain conditions must genuinelyexist .Further ,there may be objective obstacles which may negate the injuredparty’s obligation to mitigate damages being incurred. In a comparativeapproach and by making reference to various International instrumentsincluding in particular the laws of England as the main origin of themitigation rule, this article shall discuss the conditions and impediments inline with effectuation of the said principle.
Farhad Parvin; Vahideh Hosseini
Volume 1, Issue 3 , March 2013, Pages 65-94
Abstract
According to Holy Quran sovereignty is for God (Verse 40, YousefSurah) and in principle no human enjoys dominance over the other.Nonetheless, according to Verse 34-Alnesa Surah of Quran and similarlyArticle 1105 of Iran’s Civil Law, directorship is for the husband in domesticrelations. However, ...
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According to Holy Quran sovereignty is for God (Verse 40, YousefSurah) and in principle no human enjoys dominance over the other.Nonetheless, according to Verse 34-Alnesa Surah of Quran and similarlyArticle 1105 of Iran’s Civil Law, directorship is for the husband in domesticrelations. However, this does not purport to unconditional predominance ofhusband over his wife and according to many Islamic jurists, the implicationof the Quran reading “Husband shall superintend the wife” may not betranslated as men's despotism, cruel it your injustice. Instead, the purpose isprescription of a unified regulated leadership with respect to [household]responsibilities and subject to consultation [with wife]» (Shirazi, Makaremand others, 2006, vol. 4, 471). Furthermore, under moral principles and asper the concrete rules of Islamic jurisprudence namely the rule of“Prohibition of Harm” stipulated in principle 40 of Iran’s constitution, “Noindividual may excersise his/her rights as a mean of damaging others”, all ofwhich imply that directorship and superintendence of a husband accountsprimarily and in essence as a “duty” and not merely a sole priviledge. It isonly then we may consider such privilege for the husband to enjoyauthorities required to carry out duties arising out of his position.Directorship of husband does not account for devaluation of wive’s humandignity or husband's primacy or superiority over his wife. For taking up suchposition husband shall need to have competence based on which he finds arestricted capacity to perform meaning that his authorities are bound tolimits
Saeid Bigdeli; Abuzar Sahranavard
Volume 1, Issue 3 , March 2013, Pages 95-123
Abstract
Under Iran’s legal system incompetents are protected through variouschannels namely in part by nullyfiying or ruling ineffective the legal actionstaken by the same. Further, to gurantee and safeguard their interests,particular agents are to be delegated to administer on their behalf their legalaffairs. ...
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Under Iran’s legal system incompetents are protected through variouschannels namely in part by nullyfiying or ruling ineffective the legal actionstaken by the same. Further, to gurantee and safeguard their interests,particular agents are to be delegated to administer on their behalf their legalaffairs. Thus, Iran’s law has provided for certain establishments as to servethe purpose including custodianship, administration [of will] andguardianship. Save the above, to guarantee the interest of incompetents arefurther protected, the law has designated the Prosecuting Attorney with theduty to oversee the actions taken by the above three delegates, as the casemay be, taking necessary measures where required. The founding of nonejudicial protective service organizations such as State Welfare Organization[Sazman Behzisti], Protective Service Committee [Komite Emdad] andMartyre Foundation [Bonyad Shahid] has led to most of the protective dutiesoriginally entrusted with the Prosecuting Attorney be practically carried outby the said organizations, thereby giving rise to the need addressed by thisarticle to study and discuss the interference of such duties and the conflictbetween their functionality
Mahdi Zahedi; Mohammad Hosein Erfanmanesh
Volume 1, Issue 3 , March 2013, Pages 125-149
Abstract
Akin to other inventions, new methods need to be devised allowing forregistration of pharmaceutical dosage regimens in much the same way asother patents. In doing so, there are two main challenges ahead. First,whether these dosage regimens, excluded expressly from the list ofpatentable products in Europe, ...
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Akin to other inventions, new methods need to be devised allowing forregistration of pharmaceutical dosage regimens in much the same way asother patents. In doing so, there are two main challenges ahead. First,whether these dosage regimens, excluded expressly from the list ofpatentable products in Europe, may in fact be considered as a novel therapymethod? And second, given that ingredients and composition of such patentsare no longer an innovative secret, whether sole variation in their usagedosage may possibly fall within the scope of novel inventions?The answer to the above controversial questions have been the notion ofchallenge addressed by several European patent forums. This article willreview the approaches adopted by European Patent Administration indealing with recent trends introduced on the topic of new customized dosageregimens
Mahmood Jalali; Masumeh Shakoori
Volume 1, Issue 3 , March 2013, Pages 151-177
Abstract
To protect contracts, eliminate International trade barriers and regulatenew forms of trade relations, states have long strived to minimize differencesin their legal systems as to provide more desirable legal protection forinternational economic activities. Despite the fact that these unified codesare ...
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To protect contracts, eliminate International trade barriers and regulatenew forms of trade relations, states have long strived to minimize differencesin their legal systems as to provide more desirable legal protection forinternational economic activities. Despite the fact that these unified codesare transnational and are thus considered non-binding in nature, contractingparties may agree to give them a binding force if so desired. Transnationalcodes mainly come in to force after national constitutional ratificationrequirements including those of Iran are satisfied otherwise theirenforceability may only be assumed to the extent where they have nocontradiction with internal laws (subject to Articles 10,975 and 986 of theIran’s Civil Code). Optional set of rules may bear different legal results andprovide a range of options for states to choose from. Governmental and nongovernmental organizations are both active players in formulation of unifiedcodes in form of international conventions or alternatively model principlesand legal guides which have helped expediting their ratification process. Informulating the same, with inspiration from International trade customs,either they have merged rules from various legal regimes or have takeninitiatives to work out totally new model codes. This article will review jointinterests of states in minimizing obstacles in ratification and execution ofsuch set of rule
Zohreh Nikfarjam
Volume 1, Issue 3 , March 2013, Pages 151-177
Abstract
Where required elements of liability are established, the agent for theinjurious action shall be held liable. Nonetheless, the injurious agent may notalways be the wrongdoer; in other words there may be other causes whichmay contribute in infliction of damages. Proof of an external force may severthe ...
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Where required elements of liability are established, the agent for theinjurious action shall be held liable. Nonetheless, the injurious agent may notalways be the wrongdoer; in other words there may be other causes whichmay contribute in infliction of damages. Proof of an external force may severthe chain of causation and thereby free the defendant from attribution of anyfault. The foremost example of external force is the “Force Majeure”,prescribed either expressly or otherwise in some Laws of Iran. ForceMajeure may contribute in damages in two ways: It is either the sole causeof the damage or one among several others.Either way, its existence shall considerably affect the liability regime.The grounds on which Force Majeure is based in Islamic jurisprudence areprinciples such as “Prohibition of damages” [La Zarar], “Prohibition ofhardship”[Osr va Haraj] and “Limited-liability of trustees”[Estiman]
