Private Law Research

Abstract Abstract
The term ''Folklore'' verbally means public and people's culture. Expressions or
symbols of folklore include productions, works, creativity, believes and traditions of
a group or a definite society which have been flourished and emerged via tangible
or intangible ways, in the form of artistic (either performances or nonperformances)
or literary works or in the form of indigenous knowledge (including
medical, agricultural and environmental science) and natural and ecologic sources.
These factors have always been the instrument of recognizing the communities and
also have been the cultural, biological and historical identity of such societies. In
this essay, along with the clarifying the concept and historical background of
folklore expressions, three traits of folklore, including the oldness, belonging to a
certain territory and collectivity, will be studied. However, in association with the
identity of folklore, three theories are propounded, including ''sui generis'', ''
exploitation right'' and ''property right'', in which collective property right is
accepted and finally the abstractness of relationship between creators and owner
against aspects of folklore is regarded as acceptable.

Abstract Abstract
In very simple words, Economic Analysis of Law is an instrumental use of law in
order to bring efficiency. In this regard, many aspects of legal thought and
institutions may be evaluated according to their role in bringing economic
efficiency to the society. In this essay, we will discuss the so-called Prescription
as a legal institution. The most important questions which in this essay we are
going to answer are: Is the economic analysis of prescription the same as
evaluating advantages of prescription –which has a profound literature– or it is
another concept? Is prescription an efficient policy to the economists or it is
wholly or partly inefficient? By assuming that it is an efficient device, how
should be its start, end, suspension, interruption and resume? This essay is
divided into two topics of discourse: First, we will explain related key concepts.
Then, in the last topic of discourse, the economic analysis of prescription as a
matter of law will be rendered.

Abstract
Abstract
Numerous legal issues have raised due to the development of modern
technologies of communication. In the context of contracts, this phenomenon
had significant effects and caused the necessity of considering the application of
issues of contracts in the context of cyberspace. The law of agency is one of
these issues which its rules are going to be brought up in the context of
electronic contracts through the present essay. The essay is also going to
analyze the legal role of artificial mind, called 'electronic agent', in the process
of electronic contracts through interactive websites. It responds to this key
question that whether the electronic agent is a merely a tool of communication
between the parties or it has an independent legal personality, or its status is
something else in this process. In this regard, first, contract law in Iran,
Electronic Commerce Act (1382) and various doctrines about the analyzing the
legal status of electronic agent are examined and criticized comparatively. Then,
the Author’s opinion will be presented.

Abstract
Abstract
One of the controversial issues among lawyers in termination of obligation and
its performance is legal nature of fulfillment of non-object of obligation.
Although virtually all jurisprudents agree that this kind of fulfillment needs
creditor and debtor's consent, some merely describe it as an ownership contract
and some others define it as novation as a kind of object changing. Determining
the legal nature of paying the object which is different from the issue of
obligation, does not merely have analytical and theoretical impacts, but involves
the effects of the difference between sale and exchange, difference between sale
and unspecified contract, difference between novation etc. Those are practical
impacts of this discussion. In other words, the main aim of this debate is to deal
with the question whether in an agreement such as novation, the guarantees of
debt become abolished or for the sake of the contractual nature of it, some of the
options will be applicable. The aim of this study therefore is to present such
views along with a brief critical analysis.

Abstract Abstract
In the late 1950s, some contracts were invented in the field of armaments sale which
later their usages became common in sale of expensive hi-tech items such as
satellite, submarine, military and commercial aircrafts. The purpose of the offset
contract is to reduce stress and unpleasant economic or political consequences
which are originated from macroeconomic costs spent for exporting the expensive
items. In these contracts which are known under the title of “offsets”, “industrial
partnership”, “industrial compensations”, the shopper -who usually is government
- purchases the services and expensive industrial goods provided that series of
remedial and reciprocal commitments are conducted by another party. The
interaction between the purchase and remedial obligations, makes these formulas
complex. In this essay, not only am I going to explain a short story, concepts, status
of the offset contract in mutual trade, types of offset contracts, mutual and remedial
exporter’s obligations, but also I am going to examine the nature and relation of
such contracts under the title of complex contract while having a legal analysis
approach.

Abstract Abstract
Independent bank guarantee has been utilized since decades ago and is
extensively common in internal relations. Independent bank guarantee, unlike
letter of credit, has a guarantee nature. therefore, in most cases, it would be
expired without any demand for payment. However, when the beneficiary
decides to demand for the payment, the effects of the guarantee will be appeared
more considerably. When there is a legal demand for the payment, the bank
should pay the amount of the document. Understanding the rules governing the
legal demand will lead the bank to avoid the payment, in cases where the
requirements are not met. Also, it would enable the beneficiary to protect his
rights through a legal demand. The present essay deals with details of a legal
demand according to Iranian and French law, and with regard to international
uniform rules on this matter.