Mehrab Darabpour
Volume 2, Issue 4 , December 2013, Pages 9-38
Abstract
)AbastractCIF is unknown in Iranian law, although it is widely used in internationaltrade of this country, which has made studying it inevitable. Knowing rightsand obligations of parties, transfer of risk and titleand compensatingdamages in conclusion of contracts will help traders. Using contractualfreedom, ...
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)AbastractCIF is unknown in Iranian law, although it is widely used in internationaltrade of this country, which has made studying it inevitable. Knowing rightsand obligations of parties, transfer of risk and titleand compensatingdamages in conclusion of contracts will help traders. Using contractualfreedom, sometimesparties try to deviate from standard terms to gain morebenefit or avoid more loss. This may result in including term contrary to CIFstandards and unknowingly create difficulties in rights and obligations ofparties and how to compensate it.This article studies CIF in British law and2010 incoterms with a short review of Iranian law to: 1) clarify nature of CIF2) clarifying rights and obligations of parties 3) indicate effect of termscontrary to CIF.Keywords: CIF, C&F, risk transfer, bill of lading, Insurance, British law,
Mehdi Hasanzadeh
Volume 2, Issue 4 , December 2013, Pages 39-62
Abstract
AbstractAccording to some articles of civil procedure code (as articles 135, 136 and143) some ancillary actions (such as counter-claim and impleader) should bemade within certain time-limits. In case of not considering the time limits andbringing these actions outside the time-limits, there are three ...
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AbstractAccording to some articles of civil procedure code (as articles 135, 136 and143) some ancillary actions (such as counter-claim and impleader) should bemade within certain time-limits. In case of not considering the time limits andbringing these actions outside the time-limits, there are three theories; A)dismissal of action, B) separating the action and trying the claim separately C)differentiating between the cases related to the main claim and the non-relatedones, trying the firstones together and trying the latterseparately. There areviewpoints, reasoning and criticisms about acceptance and rejection of eachtheory. However, reasons of the third theory are stronger and its criticisms areweaker. So this theory is more acceptable.
Hamid Reza Oloumi Yazdi
Volume 2, Issue 4 , December 2013, Pages 67-83
Abstract
AbstractThe Fifth Development Plan of I.R. of Iran in Article 107 authorizes theformation “contractual Joint Venture” on the contractual basis and within theknown concept of the civil partnership. Despite the contractual nature ofjoint venture,it has been treated as an incorporated venture ...
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AbstractThe Fifth Development Plan of I.R. of Iran in Article 107 authorizes theformation “contractual Joint Venture” on the contractual basis and within theknown concept of the civil partnership. Despite the contractual nature ofjoint venture,it has been treated as an incorporated venture by the legislator.This paper begins with looking at the existing laws and regulations regardingcontractual joint venture in Iran before the enactment of Fifth DevelopmentPlan, and then turns to Article 107 to examine its effects on them. This paperconcludes that formation of contractual joint venture and fundamental rulesfor its operation have already existed in Iran. However, Article 107 could notregulate or facilitate formation of contractual joint ventureefficiently. Itseems, in fulfillment of this article, a comprehensive bill should be preparedand presented to the legislator by the executive power.
Mohammad Reza Paseban; Mojtaba Jahanian
Volume 2, Issue 4 , December 2013, Pages 85-108
Abstract
AbstractDerivative action is an action filed by shareholders against corporatedirectors in order to recover corporate’s rights. This mechanism is set up tohave the directors answerable for their failure in carrying out their duties.Prior to the CA 2006, Foss v. Horbottle rule deprived shareholders ...
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AbstractDerivative action is an action filed by shareholders against corporatedirectors in order to recover corporate’s rights. This mechanism is set up tohave the directors answerable for their failure in carrying out their duties.Prior to the CA 2006, Foss v. Horbottle rule deprived shareholders of takingany action against directors but in exceptional cases. Acknowledging theright of filing derivative action and how to apply it, as shareholders’ rights,for the first time the Act 2006 extended the circumstances in which such aright may be claimed.In Iranian Law, section 276 of the Amendment to the Commercial Act1347 refers to possibility of filing a derivative action. The same is providedvastly in the Bill 1384 in section 473. Regarding new development of legalsystems in this area particularly in English Law, providing new provisionsseems to be a necessity.
Ghafour Khoeini; Atiyeh shamsollahi; Soheil Zolfaghari
Volume 2, Issue 4 , December 2013, Pages 111-137
Abstract
AbstractThe judicial modification of contract as a result of decrease of moneyvalue is a legal- economic concept emerged due to the economic fluctuationin recent century. According to the legal, philosophical and the economicbasics presented for modification and decreasing money value, unfairpossession ...
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AbstractThe judicial modification of contract as a result of decrease of moneyvalue is a legal- economic concept emerged due to the economic fluctuationin recent century. According to the legal, philosophical and the economicbasics presented for modification and decreasing money value, unfairpossession seems to be a good basis, although the current legal systemhardly accepts it. It seems that the legislator has accepted the hardshipsresulting from decreasing value as a basis.Regarding its nature decrease in money value causes liability and it canbe compensated. The important point is possibility of maintaining thecontract at its own forms considering value decrease. So in some cases valuedecrease of money, modification will not be justifiable. Continuation of thecontract and keeping the agreed terms can be a suitable equivalent.
Mansour Jabbari; Majid Hasannejad
Volume 2, Issue 4 , December 2013, Pages 141-165
Abstract
AbstractAccording to international and national regulations, are exempted fromliabilities in different situations such as proving that they have taken allnecessary measures to avoid the damages, failure of passenger or consignersor force major. These exemptions are divided into two categories: statutoryor ...
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AbstractAccording to international and national regulations, are exempted fromliabilities in different situations such as proving that they have taken allnecessary measures to avoid the damages, failure of passenger or consignersor force major. These exemptions are divided into two categories: statutoryor non-contractual exemptions and contractual exemptions which areaccording parties" will. Due to vast material we will study the first one inthis article.Surveying exemptions permitted in international regulations in thisarticle, we will try to compare them with exemption of Iranian law in orderto pave the way to remove the shortcoming of domestic regulations.
Hasan Badini; Layla Javanmard
Volume 2, Issue 4 , December 2013, Pages 169-191
Abstract
AbstractThere have been different viewpoints about the possibility and themanner of seizure of Key money and good will: Some believe Key moneyand good will can't be seized and auctioned off at all; on the contrary, someothers advocate the idea that they can be seized and auctioned off. Finally,some have ...
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AbstractThere have been different viewpoints about the possibility and themanner of seizure of Key money and good will: Some believe Key moneyand good will can't be seized and auctioned off at all; on the contrary, someothers advocate the idea that they can be seized and auctioned off. Finally,some have distinguished between seizure and auction, they argue that Keymoney and goodwill can be seized but cannot be auctioned off. In this articlewe have supported the view which has differentiated between Key moneyand the goodwill; differentiation which can affect the form and the mannerof seizure.
