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.
hamid afkar
Abstract
In realization of the damages, the time is presumed as a description of the result and can’t refer the result to the cause, since there would be in every instance of the time the possibility of realization of a result with the presence of the conditions and causes and also with the absence of impediments. ...
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In realization of the damages, the time is presumed as a description of the result and can’t refer the result to the cause, since there would be in every instance of the time the possibility of realization of a result with the presence of the conditions and causes and also with the absence of impediments. Though failing to establish this causation, the damages may be transferred to another period of time and the interference of some factors may accelerate or postpone the realization of the damages. The aforementioned factors in which cause the result to be ascertained whether immediately or gradually before the due time are assumed as accelerating factors. having considered this assumption that the damage is actually the effect of a specified cause and that its realization because of that cause would be conclusive but owing to the interference of the new factors, has been ascertained without involving that specified factors and before the due time, some authors have exempted the accelerating factor from the liability; while the rules of civil liability confront this idea with serious problem.
mortaza hajipour
Abstract
Traditionally, fundamental human rights have not played a role in private law, particularly in contract law. These rights have originally been established to prevent state violation of individual rights. However, the occurrence of unequal contractual relations among individuals and its consequences have ...
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Traditionally, fundamental human rights have not played a role in private law, particularly in contract law. These rights have originally been established to prevent state violation of individual rights. However, the occurrence of unequal contractual relations among individuals and its consequences have led to debates concerning the necessity of recourse to fundamental rights in order to protect freedom of contract. The nucleus canon is whether it is possible to grant a fundamental character to contractual freedoms to prevent any kind of abuse of formal freedom of contract principle. By conducting an analytical-descriptive research method, this article aims to discuss comparatively the role of fundamental rights in the field of freedom of contract. It can be concluded that recourse to fundamental rights in dealing with freedom of contract has resulted in emergence of a substantial notion of contractual freedom and even in some cases have attributed fundamental position and status to the principle of freedom of contract.
Mehdi Hasanzadeh; Badi`e Fathi
Abstract
The link of disputes causes procedural dependence and connection between them. The dependence is sometimes so serious that requires to deal with the cases in all phases of proceedings as a whole. Disintegration of the cases makes the most serious problems in term of conflict of rulings and implementation ...
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The link of disputes causes procedural dependence and connection between them. The dependence is sometimes so serious that requires to deal with the cases in all phases of proceedings as a whole. Disintegration of the cases makes the most serious problems in term of conflict of rulings and implementation of conflicting rulings. Disregarding this issue will result in some crisis in proceedings and may create problems for judicial system especially where the remedies of judicial system are not effective for reduction of issuing conflicting rulings or- as the case may be- for cancelation of rulings. Accordingly, it is necessary to consider exactly if one of the concerned cases is justiciable and the other is non-justiciable, whether taking action against a justiciable one may be extended to the other one. In French law, article 39 of the Code of Civil Procedural gives positive answer regarding incidental cases and in the other cases resorted to non-dividablity. In Iranian law, the law is silent and it seems, in the case of "full connection", the cases are dividable in later phases of proceedings. In this regard, the legal obligation for simultaneous proceedings for concerned cases is also applicable to the later phases of proceedings. The complaint regarding one case, therefore, affects the other case, too.
abdulwahed Afzali; mahdi shahabi; mohammadmahdi alsharif
Abstract
In contractual relationships, the principle is to preserve and continue contractual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of contract" analysed by judges by considering the "practical result", that is, economic purposes of the parties ...
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In contractual relationships, the principle is to preserve and continue contractual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of contract" analysed by judges by considering the "practical result", that is, economic purposes of the parties within the framework of "social interests". Therefore, the conversion of contract goes beyond the issue of interpretation, since it is justified on the basis of the "socialization of law" approach. In addition, this theory is not in conflict with Islamic jurisprudence (Fiqh), because it focuses on the socialization of law at the level of "the purpose of the contract" and does not seek to regain the basis of the validity of the contract in the social conscience. Therefore, it has been recognised as a legal rule in Fiqh and Articles 144 and 618 of the Civil Codes of Egypt and Afghanistan. In Iranian legal system, it has not been recognized despite its practical implications. Since, the conversion of contract has economic and social benefits and is not in conflict with Fiqh, it can be adopted in the Civil Code by putting various instances under one title.
Mohammad Taghi Rafiei; Abolfazl Shahin
Abstract
< p >< p >Resolving the conflict of laws applicable to cultural heritage disputes in an important challenge which is faced with private international law. The cause of this challenge is, in one hand, the preponderant role of cultural property in constituting of cultural and historical identity ...
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< p >< p >Resolving the conflict of laws applicable to cultural heritage disputes in an important challenge which is faced with private international law. The cause of this challenge is, in one hand, the preponderant role of cultural property in constituting of cultural and historical identity of nations, and the enormous profit of illicit trade of cultural properties on the other hand which leads to numerous disputes. In most of these claims, the lex rei sitae rule has been applied and this has been led to making unfair judgments. The negative effects of these decisions lead to the question of determining the proper law governing cultural property claims. The theory of applying the lex originis rule to cultural property disputes is the theory which is accepted in this article. In order to prove this theory, this article is divided into two parts by a descriptive and analytical method: at first, the lex rei situs rule will be studied and the applying of this rule to cultural property claims will be examined by a critical perspective and then the alternative courses of action will be analyzed.
Hoseyn simaee Sarraf; Asef Hamollahi
Volume 3, Issue 11 , June 2015, , Pages 37-69
Abstract
Fair competition in the market provides benefits to both consumers andsociety. However, in some cases, competitors adversely affect the commercialinterests of each other by resorting to illegal methods. Such a competition inwhich competitors use illegitimate means is regarded as illegitimate andunlawful. ...
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Fair competition in the market provides benefits to both consumers andsociety. However, in some cases, competitors adversely affect the commercialinterests of each other by resorting to illegal methods. Such a competition inwhich competitors use illegitimate means is regarded as illegitimate andunlawful. In order to clarify the nature of unfair competition, this paperexamines the concept of unfair competition and its various instances. For abetter understanding, it also compares the concept of unfair competition withsome relevant institutions.
Abdol Hossein Safaei; Mohammad Kazem Nezarat Moghaddam
Abstract
Rescue and salvage operations take place in many sea voyages. Numeroustechnical and legal problems may arise in these operations. The vessel whichproceeds to do this operation normally performs another job. By this operation,the vessel breaches her job contract. The rescue ships usually incur a lot of ...
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Rescue and salvage operations take place in many sea voyages. Numeroustechnical and legal problems may arise in these operations. The vessel whichproceeds to do this operation normally performs another job. By this operation,the vessel breaches her job contract. The rescue ships usually incur a lot of costsand damages in order to perform rescue operation. There are always manychallenges regarding costs and damages of rescuer in addition to the damageswhich the vessel may cause to the rescued ship. The rescue operation is a legalduty of ship masters; however, there should be a logic and legal method forcompensating the damages. This job is carried out either for the purpose of aneconomic interest or it is done morally on the basis of beneficence. This article,first, deals with legal aspects of the rescue and salvage operations on basis ofinternational conventions, common law, civil law and Iranian law. It thenexamines different methods for compensation
Mostafa Bakhtiarvand; Majid Sarbazian
Abstract
Nowadays, grant-back clauses are one of the most important conditions in patent licensing agreements. These conditions have beneficial impact on competition and anti-competitive behaviour that require special attention by competition law. In America, the provisions that were previously considered illegal ...
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Nowadays, grant-back clauses are one of the most important conditions in patent licensing agreements. These conditions have beneficial impact on competition and anti-competitive behaviour that require special attention by competition law. In America, the provisions that were previously considered illegal are now assessed in accordance with rational criteria and as a part of the contracts.The illegality of these provisions may lead to the illegality of the contract. In Europe, only exclusive grant-backs are subject to an individual assessment, and not as a part of more global contract.Other conditions of the contract areexempt from general prohibition considered in Article 101 of European Treaty. In Iranian law, these provisionsare new issues which can be justified by the concept of reasonableness and the general rules of contracts. This condition does not specifically mention in General Policies of Implementation of Article 44 of the Constitution. It is forbidden if it is regarded as an unfair term oras an abusive of dominant economic conditions.
Oveis Rezvanian
Abstract
As the international sanctions against Iran were tightened between the years 2010 and 2015, with no clear reason or justification, some European arbitration institutions stopped to filing Requests for Arbitration and providing arbitration services to the disputes related to Iranian transactions or Iranian ...
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As the international sanctions against Iran were tightened between the years 2010 and 2015, with no clear reason or justification, some European arbitration institutions stopped to filing Requests for Arbitration and providing arbitration services to the disputes related to Iranian transactions or Iranian party(ies). From a contractual perspective, this refusal entitles the damaged party(ies) to request for compensation. However, to this aim, a number of assumptions should be first proved, i.e. the existence of a contractual relationship between the parties and the arbitration institution, the occurrence of damage and non-existence of an uncontrollable impediment (such as restrictions imposed by international sanctions). Moreover, considering the nature of services provided by arbitration institutions, the non-contractual liability of these institutions, as well as the possibility of violating the European Non-discrimination Law, are other important issues to be examined. In the present research project, the liability of arbitration institutions for providing services to users and the possibility of reimbursing the damages arising out of refusal to provide such services are discussed. The findings of the research project confirm the possibility of reimbursing the damages by aggrieved parties.
Ali Ansari; seyed mortaza shahidi; hassan azarniyush
Abstract
In accordance with the definition of Article 1 of the Securities Market Act, a commitment is a third party's commitment to purchase securities that have not been sold within the deadline. The publisher intends to transfer the various risks involved in the filing process to a trusted one. In this way, ...
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In accordance with the definition of Article 1 of the Securities Market Act, a commitment is a third party's commitment to purchase securities that have not been sold within the deadline. The publisher intends to transfer the various risks involved in the filing process to a trusted one. In this way, the underwriting contract is the role of insurance finance in the supply of securities. Given the existing methods in the capital markets of different countries to conclude an accrual contract, this contract can have a different legal nature. In selected capital markets, the obligee accepts the acquisition of securities, while in the capital market of Iran, the ownership of the securities is not transferred to the obligated issuer. By concluding the contract, the publisher will be obliged to enter into a secondary contract. Subject to the obligation contained in this contract, the intention of the parties in the form of a contract cannot be accepted. Unlike the current method in the capital market in the selected countries, this type of commitment creates a personal relationship and covenant between the parties and there is no transfer of ownership involved.
Private Law
Mehdi Zahedi; Sara Solhchi
Abstract
In contemporary intellectual property law, literary and artistic property rights extend beyond mere movies or literary works to encompass the fictional characters integral to these creative endeavors. This legal support not only serves to inspire creators but also to safeguard their imaginative achievements. ...
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In contemporary intellectual property law, literary and artistic property rights extend beyond mere movies or literary works to encompass the fictional characters integral to these creative endeavors. This legal support not only serves to inspire creators but also to safeguard their imaginative achievements. Among these creations, fictional characters hold a profound influence over our daily lives and entertainment pursuits, spanning various media such as movies, books, and computer programs. Iconic figures like Sherlock Holmes, Batman, and Superman exemplify the significant fictional characters that have received such protection. Given the vast diversity of fictional characters, it becomes imperative to secure the rights of their creators, thereby fostering the necessary motivation for their ongoing creativity. Consequently, the principal objective of this article is to delve into the mechanisms by which fictional characters are safeguarded within the framework of literary and artistic property rights. Specifically, the article seeks to address whether it is feasible to independently protect these characters within this legal structure.To achieve this goal, a descriptive-analytical methodology is employed, drawing upon court jurisprudence, particularly in the United States, to elucidate the legal underpinnings and delineate the elements, possibilities, and criteria for protecting fictional characters. Central to this examination are discussions on the concept of fictional characters, methodologies for protection, criteria for identifying infringements, proprietary rights, and protected elements. Moreover, it is important to note that data collection for this article follows a documentary and library-based approach. Utilizing the library method, a cornerstone of scientific research, ensures a comprehensive exploration of existing literature and resources. Through this methodological framework, data is systematically gathered and analyzed using a descriptive-analytical lens. The article concludes that fictional characters can indeed be independently supported, distinct from the larger artistic work. These characters are defined as "abstractions eliciting a response in the mind of the reader or viewer through written or spoken words." Consequently, certain guiding principles must be observed in supporting fictional characters, notably the principle of " idea-expression dichotomy." In the realm of works in in Literary and Artistic Property Law System, protection extends to the tangible expression of the work, rather than the underlying ideas. The work is defined as "the expression of creative and original literary and artistic thoughts of the creator that has been established in the outside world." Additionally, authenticity and fixation conditions are pivotal for support, ensuring the character's origin from the creator and its objective manifestation. Further examination focuses on tests designed to assess potential violations of fictional character rights, such as the " Distinct Delineation Test," the " Story being told test,” And the "three-part test." These tests evaluate elements such as physical appearance, identity, evolution, and narrative significance. Ultimately, an analysis of relevant cases demonstrates that courts recognize the possibility of independently protecting fictional characters, provided they exhibit originality and developed expression. The application of such tests within judicial procedures serves to bolster creator motivation, stimulate creative endeavors, and attract investment in cultural and artistic domains, alongside other cultural and social pursuits
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.
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.
Hassan Badini; Pantea Panahi Osanlou
Volume 1, Issue 1 , February 2013, , Pages 39-64
Abstract
The automobile consumer protection Act (2007) has exerted mucheffort to establish a special protection for auto consumers. This paperdeals with the various dimensions of this Act including bases andscopes of auto dealers' tort liability ,as well as concept, essence andcases of auto defect, consumer information, ...
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The automobile consumer protection Act (2007) has exerted mucheffort to establish a special protection for auto consumers. This paperdeals with the various dimensions of this Act including bases andscopes of auto dealers' tort liability ,as well as concept, essence andcases of auto defect, consumer information, promotion, recalls,proceeding and so on.The results and conclusion of this paper indicate that the above_mentioned Act has not satisfied the expectations and moreover theprotections for consumers are limited to special cases concerning theguarantee period. Therefore, many other significant issues have beendisregarded
mohammadreza pasban; saeed javandel; ali Hidariyan Allah Abad
Mahdi Jalili; Alireza Fasihizadeh; Mohammad sadegh Tabatabaei
Abstract
This article takes a comparative approach to various Islamic sects and lays emphasis on Shiite references while taking benefit from analytical and descriptive method , and after examining the basis upon which the binding and revocable character of contracts lies and analyzing the arguments presented ...
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This article takes a comparative approach to various Islamic sects and lays emphasis on Shiite references while taking benefit from analytical and descriptive method , and after examining the basis upon which the binding and revocable character of contracts lies and analyzing the arguments presented by proponents and opponents of the binding or revocable character of partnership and presenting contradictory and solving answers to the view holders, leads in the end to the conclusion that considering the vagueness of the civil code and despite the opposing viewpoints of some Islamic jurists and on the other hand, based on the approach adopted by high-profile jurists such as Shahid-e- Sani and Seyed Mohammad Kazem Tabatabaee , known as Saheb Orva and the attention of the article 167 of the Constitution, partnership contract should be recognized as having a binding character as far as its shareholding making aspect is considered and revocable with regard to the fact that partners acquire the right to control and lay hands on the shared property . This trend is supported more by the doctrine as well .
Hamid Bagherzadeh; Ayyoub Mansouri Razi
Volume 8, Issue 30 , June 2020, , Pages 39-67
Abstract
< p >< p >< p >< p >< p >New York Convention on Recognition and Enforcement of Foreign Arbitral Awards is one of the most globally accepted treaties which offers a pro-enforcement policy. Basically, the precedent echoes the pro-enforcement policy of the Convention. The Convention ...
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< p >< p >< p >< p >< p >New York Convention on Recognition and Enforcement of Foreign Arbitral Awards is one of the most globally accepted treaties which offers a pro-enforcement policy. Basically, the precedent echoes the pro-enforcement policy of the Convention. The Convention gives the authority to the domestic Courts to restrict the grounds of refusal aiming to enforce more arbitral awards. The refusal grounds, Under the Convention. And public policy and arbitrability; private agreements between the parties and awards annulled in the seat of the arbitration. This article aims to study the pro-enforcement policy of the Courts in various jurisdictions such as Iran. The gathered information indicates that the Courts in many countries limit the refusal grounds relying on the most favourable regime rule under article 7 of the Convention. They construe the subject of public policy and arbitrability for foreign awards in a different way from domestic ones. Moreover, they apply the private set-ups of the parties only if they have been addressed duly in the determination period. Further, they give similar effect to the awards annulled if the grounds of invalidation have the same consequence in the enforcing country.
Mohammad Taqi Rafiei; Seyed Hossein Hejazi
Abstract
When a contract is not entered into the implementation stage or in the implementation of the work, it stops or does not comply with the contractual terms and conditions and the agreed specification is diverted, the magistrate at the beginning, the arrow is committed to understand and ask him about the ...
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When a contract is not entered into the implementation stage or in the implementation of the work, it stops or does not comply with the contractual terms and conditions and the agreed specification is diverted, the magistrate at the beginning, the arrow is committed to understand and ask him about the breach of commitment and the cause of its deviation from the terms of the contract, so that one can predict his conviction from the beginning. In Iran's law, it is less attentive that the violation of the Treaty may be disabled for non-cooperation of the obligee, while the implementation of qualifier commitment may be on his cooperation. Where the obligee would have to deliver the project's location to establish a workshop, or the client will submit the principles of documents, information and witnesses ' names, or the disease that should be carried out by the doctor before the surgery, all the anath of the implementation of a commitment to the Obligee's cooperation. This cooperation can sometimes be defined as a verb, leaving the verb, submitting the goods or documents, providing services and information, resulting in a lack of cooperation, a contract with a challenge and a bug. Rationals and will logically and the implementation of the contract shall be subject to the obligee's cooperation, but the question is to mind whether this cooperation should be stipulated in the contract or a marriage is concluded or is considered as a contract of marriage and customary equipment. Unlike Iran's legal and judicial literature, the role of the obligee cooperation in European countries ' rights and European legal documents has been approved and various works have been predicted for his non-cooperation. In this paper, in addition to the legal foundations of such a commitment, the various legal effects of its breach are investigated so that the sum of them can be explained most of the role of this cooperation.
Mostafa Danesh pajooh
Abstract
One of the most controversial issues about which there are different ideas is the issue of cheating the law and its effects in both domestic law and private International law. In Iranian law, there is no a legal article that explicitly states the verdict of cheating, so the judge in the face of cheating, ...
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One of the most controversial issues about which there are different ideas is the issue of cheating the law and its effects in both domestic law and private International law. In Iranian law, there is no a legal article that explicitly states the verdict of cheating, so the judge in the face of cheating, based on Principle One Hundred and Sixty Seven of the Constitution, must refer to valid sources or jurisprudential Fatwas (Sharia and Islamic jurisprudence) and rule. One issue that can be documented to some extent is the issue of trickery. In this article, after mentioning cheating in customary law and explaining trickery in Islamic jurisprudence, the author compares these two concepts thematically and jurisprudentially, and in an attempt to infer the verdict of cheating from the verdict of trickery, concludes that according to the issue of trickery, it is impossible to consider one verdict for cheating, but depending on the different types of cheating, various verdicts will be ruled on cheating.
Sayyed mohammad sadegh tabatabaei; Sayyed hossein asadi
Abstract
Abstract
In a lease contract, lessee sometimes acts in order to making construction or planting trees with approval of lessor. Also it is possible that possessions of lessee are done illegally. In these cases, after expiry of the lease, rights of lessee interfere with rights of lessor. Legislator protects ...
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Abstract
In a lease contract, lessee sometimes acts in order to making construction or planting trees with approval of lessor. Also it is possible that possessions of lessee are done illegally. In these cases, after expiry of the lease, rights of lessee interfere with rights of lessor. Legislator protects legal acts of lessee and not illegal ones. Domination rule necessitates uprooting of cultivation pro landlord unless in accordance with local custom, the parties accept retention it for receiving average wage of land. The study of Egyptian law shows that the legislator of this country has made differences between legal and illegal possessions, but it also tends to maintain the accessions. Other than this, -unlike Iranian law- it does not consider lease as a possessory contract, even though it pays special attention to what lessee has done in good faith.
Bagher Ansari
Abstract
trade secrets law protect all types of information and innovations without considering the need for a specific quality such as the originality or novelty of the information and without any prior review. This protection, without granting exclusive rights to the owner of the secrets, is done only against ...
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trade secrets law protect all types of information and innovations without considering the need for a specific quality such as the originality or novelty of the information and without any prior review. This protection, without granting exclusive rights to the owner of the secrets, is done only against three actions, namely improper disclosure, possession and use. The subject of this article is to study the limits of protection of secrets against improper disclosure: What is meant by improper disclosure and how and by what criteria can a distinction be made between proper and improper disclosure? To this end, by studying and inferring into the laws and jurisprudence of different countries, especially the EU directive on trade secrets (2016) and US law, first, different hypotheses of disclosure of trade secrets, are categorized in five categories of disclosure to competitors, mandatory disclosures, disclosure to Foreign states, disclosure to the public and disclosing as a Whistleblower. then the criteria and conditions for recognizing proper and improper disclosures are explained separately in each case. Criteria that, if adhered to, could protect the public policy and the private interests in a balanced way.
Mohammad Reza Pasban; Zeinab Asghari
Volume 3, Issue 8 , April 2015, , Pages 43-70
Abstract
Like numerous developing countries, Iran strives to attract foreign investment in order to develop its economy. In recent years, Iran concluded many bilateral investment treaties (BIT) with a number of countries. The standard of fair and equitable treatment (FET) is one of the most significant ...
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Like numerous developing countries, Iran strives to attract foreign investment in order to develop its economy. In recent years, Iran concluded many bilateral investment treaties (BIT) with a number of countries. The standard of fair and equitable treatment (FET) is one of the most significant standards, which has frequently been considered in investment arbitration. By referring to this standard, foreign investors seek protection from the host-State in relation to legal stability and non-discrimination. The focus of the BITs and investment arbitration jurisprudence has mainly been on obligations of the host-State. There has been little discussion as to obligations of investors. This article examines the concept of corporate social responsibility (CSR), in transnational corporations, in the light of the FET. Although transnational corporation responsibility is substantially based on soft law and volunteer performance, a legal basis could be adopted by considering the FET. The existence of the FET in the vast majority of BITs requires transnational corporations to comply with a number of principles in the host-State, such as the right of development, labour, environment, competition and human rights laws.
ghasem razai; ELYAS NOEE
Volume 3, Issue 10 , March 2015, , Pages 43-65
Abstract
“Causation” is of particular significance in tort law of Iran and England,particularly in the field of Negligence Law. Existing differences in Iranian legalsystem, as a civil law country, with English law, as a common law country,cause great difficulties in seeking a common perspective in ...
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“Causation” is of particular significance in tort law of Iran and England,particularly in the field of Negligence Law. Existing differences in Iranian legalsystem, as a civil law country, with English law, as a common law country,cause great difficulties in seeking a common perspective in order to examine theconcept of causation. Having said that, this is not an impossible task. In order toconduct a comparative study of causation under the legal systems of Iran andEngland, two principal subjects of “Hidden Tortfeasor” and “VisibleTortfeasor” are distinguished after scrutinizing “The State of Causation”. Onthe basis of the current criteria, an aspect of “Liable Tortfeasor” is examined,which determines a responsible one in the incident under “Tortfeasor” survey. Acertain connection is recognized between the damage and factors contributing tothe occurrence of the incident, but it is impossible to identify the liable factorthen “Hidden Tortfeasor” comes to the surface. According to noticeablesimilarities in Iranian and English law, the latter can present solutions forIranian law, and it can be used as a suitable model for Iranian legal system.Judges can consider the above-mentioned criteria adopted in English law incases in which no solution can be found in Iranian law or existing solution is notadaptable with conditions and nature of the dispute.
Ali Jafari; Mohammad Reza Rahbarpour
Abstract
The importance of the violation of data privacy is due to technological developmentsand possibility of more violation of privacy. Civil liability of violating data privacyis more complicated than civil liability of evading other subjects of privacy such ascorporeal or physical privacy, locative privacy ...
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The importance of the violation of data privacy is due to technological developmentsand possibility of more violation of privacy. Civil liability of violating data privacyis more complicated than civil liability of evading other subjects of privacy such ascorporeal or physical privacy, locative privacy and communications privacy. Thisarticle, despite other subjects, discusses exploitation of the issue and annihilation ofdata privacy. Some lawyers believe in ownership of data privacy. These two issues(annihilation of data privacy and considering data privacy as property), turn thedirection of discussions about civil liability of evading data privacy.The present paperrepresents the concept of data privacy and discusses the three bases of civil liabilityof violating data privacy. In addition, ownership theories and annihilation of dataprivacy and also the effect of these two issues on civil liability of violating dataprivacy will be investigated. Finally, we study data privacy torts, civil wrongs whichcause civil liability of data privacy violation.
