Maysam Akbari Dehno; Morteza Shahbaziniya
Volume 2, Issue 7 , March 2015, Pages 9-37
Abstract
Abstract These days, one of the topics which has attracted the attention of lawyers is the due process rights, that is, an approach to "deal out justice". This approach enables parties to interpret provisions of the Civil Procedure Code. In other words, it provides ...
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Abstract These days, one of the topics which has attracted the attention of lawyers is the due process rights, that is, an approach to "deal out justice". This approach enables parties to interpret provisions of the Civil Procedure Code. In other words, it provides parties with an initiative in this area of law. This article discusses the end of civil procedure by focusing on this approach. Parties can end the civil procedure by proposing an alternative means of dispute resolution, by terminating the agreement on civil proceedings or by complying with the court’s judgment. There has been less literature and debate on the second and third methods of ending the civil procedure. In the second method, parties agree to withdraw their civil dispute(s). In the third method, parties end the civil procedure either expressly by waiving the right of appealing the judgment or impliedly by agreeing to abide by expert opinion.
Mansour Jabbari; Majid Hasanneghad; Nader Velaei
Volume 2, Issue 7 , March 2015, Pages 39-72
Abstract
The 1956 International Convention on Transport of Goods by Roads, which has been adopted by many countries, including Iran, led to the uniformity of regulations in this area. According to this convention, the carrier is liable to pay compensation for damages occurred in road transport. ...
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The 1956 International Convention on Transport of Goods by Roads, which has been adopted by many countries, including Iran, led to the uniformity of regulations in this area. According to this convention, the carrier is liable to pay compensation for damages occurred in road transport. In some cases, the carrier may exempt from liability. The basis of liability and its exemptions are interrelated, and hence it is necessary to consider both of them in order to understand exemptions of liability. This article examines exemptions in this convention, and discusses adopted requirements for applying these exemptions. Whenever it is necessary, Iranian law will also be discussed.
Mirghasem Jafarzadeh; Abbas Ansari
Volume 2, Issue 7 , March 2015, Pages 73-97
Abstract
Vertical agreements refer to agreements made between those entrepreneurs who are at different level of the production chain. These agreements may contain some restrictive clauses which are not compatible with competition rules and regulation. Some of them have both negative and positive effects ...
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Vertical agreements refer to agreements made between those entrepreneurs who are at different level of the production chain. These agreements may contain some restrictive clauses which are not compatible with competition rules and regulation. Some of them have both negative and positive effects on competition. Rule of reason and economic analysis can determine their prohibition or permission. At the same time there are some other terms which, due to their special features and inherent negative effects, are regarded as presumptively and Per se illegal and named as hardcore restrictions, such as minimum resale price maintenance and territorial restrictions. At the first part, this article discusses the concept of prohibited vertical agreements. It also examines various instances of these agreements, and analyses each instance from comparative perspective of European Union, United States and some other countries. At the second part of this article, Iranian competition law in the light of vertical restrictive clauses is examined. In doing so, some shortcomings of Iranian competition rules and regulation in respect of hardcore restrictions will be highlighted by presenting a practical and critical assessment. This article concludes by proposing some recommendations for reform of Iranian competition law as to restrictive vertical agreements.
Mahdi Ghabouli dorafshan; Saeed Mohseni
Volume 2, Issue 7 , March 2015, Pages 131-155
Abstract
Pre-contract negotiations usually lead to the conclusion of contracts. The principle of party autonomy also applies to the preliminary stages of contract formation. By considering this principle, two questions may arise: i) On which basis, pre-contractual liability may be justified? ...
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Pre-contract negotiations usually lead to the conclusion of contracts. The principle of party autonomy also applies to the preliminary stages of contract formation. By considering this principle, two questions may arise: i) On which basis, pre-contractual liability may be justified? ii) What are the consequences of pre-contractual liability? This article conducts a comparative study under French law, Iranian law, UNIDROIT Principles of International Commercial Contracts and Principles of European Contract Law. It concludes that in French law, breaching the good faith obligation and the concept of fault are the basis of liability, and in Iranian legal system, depending on circumstances of the case concerned, general bases of civil liability, such as Tasbib, La Zarar, Ghorour and fault may be regarded as the basis of pre-contractual liability. In any event, if conditions for imposing pre-contractual liability are met, the party breaking off negotiations would be obliged to compensate for damages covering all losses incurred except for the merely probable benefits resulting from the contract.
Habibolaah Rahimi; Mohammad Ghasem Hajiyan
Volume 2, Issue 7 , March 2015, Pages 89-118
Abstract
One of the most important and practical topics in civil liability is driving accidents. This article considers elements of civil liability for driving accidents, and examines some rules regarding this issue. Economic analysis is one of the main methods which help legislators and policy ...
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One of the most important and practical topics in civil liability is driving accidents. This article considers elements of civil liability for driving accidents, and examines some rules regarding this issue. Economic analysis is one of the main methods which help legislators and policy makers to seek for effective rules and regulation. Although numerous researches have been carried out in relation to this area, their analysis is not based on local law. The goal of this article is, rather, to elaborate major elements of civil liability for driving accidents by conducting an economic analysis based on local law.
azam ansari; Mohammad Mahdi Hagian
Volume 2, Issue 7 , March 2015, Pages 157-180
Abstract
The disciplines of dispute settlement understanding (DSU) in the World Trade Organization have set out the framework of proceedings in WTO's dispute settlement system. Although WTO's dispute settlement understanding has limited the panels and the appellate body to settle the members' disputes ...
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The disciplines of dispute settlement understanding (DSU) in the World Trade Organization have set out the framework of proceedings in WTO's dispute settlement system. Although WTO's dispute settlement understanding has limited the panels and the appellate body to settle the members' disputes under the covered agreements, they have, in some cases, encountered with issues that have not been mentioned under the dispute settlement understanding and the covered agreements. In such cases, the panels and appellate body, mostly, resort to the general principles of law. Nevertheless, in this context, an important question is posed: What is the legal basis for using the general principles of law by WTO's dispute settlement body? By considering provisions of dispute settlement understanding and relevant case law, this article shows that on the basis of inherent jurisdiction, the panels and the appellate body can use the general principles of law for the purpose of resolving the procedural issues.
