a f
Volume 1, Issue 1 , January 0, , Pages 1-14
s e; sh a
Volume 1, Issue 2 , January 0, , Pages 1-18
z sh; s h
Volume 2, Issue 1 , January 0, , Pages 1-12
s h
Volume 2, Issue 2 , January 0, , Pages 1-15
m r; h s
Volume 3, Issue 1 , January 0, , Pages 1-12
s e; e t; f s
Volume 3, Issue 2 , January 0, , Pages 1-13
asadahah lotfi
Volume 4, Issue 1 , January 0, , Pages 1-12
Volume 4, Issue 2 , January 0, , Pages 1-10
Abstract
Lien is the right of recoupment by one party until liability fulfillment by other party. This right becomes binding in exchange contracts such as: sale and rent (lease). The main criteria for separationg them from non- exchange contracts is commitment and confrontation between parties, such that ...
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Lien is the right of recoupment by one party until liability fulfillment by other party. This right becomes binding in exchange contracts such as: sale and rent (lease). The main criteria for separationg them from non- exchange contracts is commitment and confrontation between parties, such that if one of these two is removed, the contrant will not been of exchange type. In addition to describing A major reason for conducting this research is investigation of the lien enforcement domain and lacking of its application for sale as well as highlighting its effects and consequences in mutual interest contracts from the viewpoint of jurisprudents. The research method is librarian and by using of appropriate. In this writing we described lien. Results showed that enforcement domain of the lien is not limited to sale contract; rather it involves other contracts such as rentand mutual interest settlement. Some of its consequences are its deposition on the lienclaimer andlacking of need to bring a suit and the court sentence for enforcing it
Manuchehr Tavassali Naini; Saeid Behzadipour
Volume 5, Issue 1 , January 0, , Pages 1-10
Abstract
Terms of contract, like a private law, are binding on the contracting parties and none of the parties to a contract is allowed to alter, modify or amend the terms of contract without the consent of the other party, even though the law maker or judge can not adjust the terms or conditions of the ...
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Terms of contract, like a private law, are binding on the contracting parties and none of the parties to a contract is allowed to alter, modify or amend the terms of contract without the consent of the other party, even though the law maker or judge can not adjust the terms or conditions of the concluded contract. However, it is possible that unpredictable events occur in the course of performing the contract in a way that require the terms of that contract to be adjusted or modified in accordance with new desire of the contracting parties or their economic needs. This situation can be observed more in international contracts. Sometimes unexpected and unpredictable events may result in economic imbalance of contract in a manner that full performance of the terms of contract may bring about windfall profit for one of the contracting parties and bankruptcy for the other party. For this reason, parties to such contracts usually prefer to regulate such a situation in advance. In this research while we studied issues around " Hardship" clause through a descriptive - analytical method, and despite the fact that contracted terms remain intact as obligatory, changes in circumstances which impact he balance of benefits support the loser to invite the other party to refresh talks. Otherwise he is allowed to make arrangement addressing cancellation under special conditions.
Majid Sarbaziyan; Sorush Rostamzade
Volume 6, Issue 1 , September 2017, , Pages 1-11
Abstract
Abstract
Contra-Proferentem rule states that when a contract provision is vague, the court interoperates it against who has drafted the agreement and favorable to the other party. For years, this rule has been invoked and used in standard contracts. Therefore, the main ...
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Abstract
Contra-Proferentem rule states that when a contract provision is vague, the court interoperates it against who has drafted the agreement and favorable to the other party. For years, this rule has been invoked and used in standard contracts. Therefore, the main challenge that we will cover in this article is rationales and applications of it in various areas of law. At the end of this study it is revealed that the rationales of the rule are: reducing the ambiguity in contracts, decreasing unfair terms and redistribution of wealth and its main function is to support the weaker party in standard contracts, asymmetric agreements and etc.; because today one-sided and standard contracts, on grounds of their advantages, are widely used by the stronger party, and deployment of this principle provides the possibility to modify the bargaining power of the parties.
Reza Rahimi Dehsoori; Hamidreza Shahbabay; Abdollah Omidi Fard
Volume 6, Issue 2 , March 2018, , Pages 1-10
Abstract
Abstract Interpretation of a contract means the recognition of the meaning of its regulations, and the purpose is to clarify the content and provisions of the contract. To achieve this, the custom has an important and indisputable effect on the law, especially in ...
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Abstract Interpretation of a contract means the recognition of the meaning of its regulations, and the purpose is to clarify the content and provisions of the contract. To achieve this, the custom has an important and indisputable effect on the law, especially in the field of civil rights and in the field of contracts. In this regard, by explaining the concept and types of the custom, the legal and jurisprudential principles of the literal tradition, and the position and effects of the customary use of the words are discussed in the light of Article 224 of the Civil Code. The results of this research are based on jurisprudential, legal, and verbal principles. Guidance (in principle) and complementary (in legal language), as the prevailing rules of financial transactions and the general flow of the principle of the law, as well as the principle of the freedom of contracts, is that the conflict between the normative meanings of the terms and their legal truth in the financial contracts, which the contractor (legislator) has signed (apart from the orders and partial decoration), acknowledges the custom of the people. It should be preferred to the common sense of the words, which is closer to the common intention of the parties, and to prevent the violation of the rules which were not sought by the parties.
Mohammad Karimi; javad kashani; MAJIDREZA ARABAHMADI
Abstract
People expect to achieve the economic goals of concluding contracts in the light of the support provided by the principles and rules of contracts' law. Safeguarding contractual expectations is not enforceable unless the law can prevent opportunistic behaviors aimed at changing the allocation of contractual ...
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People expect to achieve the economic goals of concluding contracts in the light of the support provided by the principles and rules of contracts' law. Safeguarding contractual expectations is not enforceable unless the law can prevent opportunistic behaviors aimed at changing the allocation of contractual funds and prevent victimizing legitimate contractual goals and expectations. In carrying out this task, contract law can play an important role by relying on the principle of good faith as a general and flexible principle in this research, while exploring the concept of opportunism in the law of contracts and the economic justification for the need to combat it, we will outline the unique ability of good faith in preventing opportunistic behavior.The content of this study shows that goodwill assignment has an important role in preventing opportunistic behavior, and it is therefore necessary to pay attention to the rights of contracts in any legal system.
family low
مهدی کریمیان راوندی Karimianravandi; Ghasem Mohammadi
Abstract
The fact that, nowadays, private law evolutions have contributed to reciprocal impact of contracts is a inevitable issue and even in law- based terms, it pinpoints the question of why and how such an interaction? which is in conflict with law-based principles should be ever mentioned? In this regard, ...
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The fact that, nowadays, private law evolutions have contributed to reciprocal impact of contracts is a inevitable issue and even in law- based terms, it pinpoints the question of why and how such an interaction? which is in conflict with law-based principles should be ever mentioned? In this regard, in local law the key challenge is that, in some cases, the formation and co-existence of contracts have created the development of the compound of same-weight contracts phenomenon of a contract regardless of private law, and this has led to the ignorance of common rules. However, this condition is unavoidable in several contracts in the fields of foreign transaction Oil and petroleum contractors, competition and international refereeing. On this account, the main obsession of this article is to prove the difficulty of accepting contractual groups in Iran, s law due to conceptual ambiguity, its contradiction with defined contracts organization, disability in the application of law principles and the inefficiency of legal justifications. The results of this text are related to the necessity of vivid differentiation between application of contractual group in local law and the international one.
family low
zienab farhadkhani; Ebrahim Taghizadeh; Asghar Mahmoudi
Abstract
The importance of the civil liability of product manufacturer and Internet of Things service provider is caused by the emerging damages of the Internet of Things to consumers. The integration of hardware, software and service in the Internet of Things is a product that is a continuous goods and service ...
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The importance of the civil liability of product manufacturer and Internet of Things service provider is caused by the emerging damages of the Internet of Things to consumers. The integration of hardware, software and service in the Internet of Things is a product that is a continuous goods and service at the same time. The approach of the laws and judicial procedure of the European Union, the United States and Iran are almost the same whether software is a good or a service. In the mentioned legal systems, the basis of the civil liability of the producer of the Internet of Things product is Strict liability, and the basis of the civil liability of the provider of the Internet of Things service is Negligence. Due to the special type of Internet of Things product, on the basis of Strict liability, the element of Negligence in civil liability lawsuits is removed and it is enough to prove the Causal Link by the consumer. Malfunction of the Internet of Things device causes life and financial damage to the consumer and unauthorized access and misuse of personal data. The producer and the Internet of Things service provider are responsible for paying the damage caused to the consumer and any other person who is harmed by the consumption of the goods. Due to the inadequacy of the laws, Iran's laws in the field of civil liability of product manufacturer and Internet of Things service provider need to be legislated.
family low
ahmad yosefzadeh
Abstract
Establishing justice in contracts has always been the subject of many challenges, most notably the differences in explaining the concept of justice as well as the various ways in which it is implemented, including distributive and corrective justice. Accordingly, the main challenge of this research is ...
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Establishing justice in contracts has always been the subject of many challenges, most notably the differences in explaining the concept of justice as well as the various ways in which it is implemented, including distributive and corrective justice. Accordingly, the main challenge of this research is to examine the concept of corrective justice and its place in the field of contract law and to examine some of its important instances in common law Iranian law. At the end of this article, it will be clear that reform justice is nowadays applied in the field of contract law in the assumption that the benefit of one contract equals the loss of the other party and that the correction of wrongful conduct in the performance of contracts is the result. This face of justice is in many ways, including disgorgement, expectation interest, contra proferentem in current contract law.Keywords: reciprocal justice, distributive justice, disgorgement, expectation interest, contra proferentem.
heydare amirpour
Volume 7, Issue 1 , December 2018, , Pages 11-20
Abstract
Islamic insurance (Takaful) is distributing common responsibility of the insured via establishing mutual funds and refraining from any kinds of risk in investment. In this kind of insurance, increasing individuals’ mental safety than property and life health and their activity in comparison with ...
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Islamic insurance (Takaful) is distributing common responsibility of the insured via establishing mutual funds and refraining from any kinds of risk in investment. In this kind of insurance, increasing individuals’ mental safety than property and life health and their activity in comparison with danger arising from detriment is accompanied by members’ cooperation to realization of public’s interest. It is different from partnership and mudarabah contracts in terms of risk management and preminence of cooperation and reinforcing fraternity relationship among individuals than a mere economic and monetizing approach. Its main difference with legal relations of donation and liability is in investment. Risk management, parties’ usufruct, optimal partnership in investment and economic growth, reinforcing responsibility spirit and increasing mental safety are of the most important advantages of Islamic insurance than other current insurance. rom Islamic perspective, legitimacy of this insurance can be studied byconcepts of “pacta sunt servanda”, “Allah has permitted trade”, business by mutual consent, “ Al-momenoon end-e shorotehem (Muslims are bound to their obligations), bin al-uqal (the conduct of the wise), and exchange permission principle, also based on liberty principle, non-limitative contracts in positive law and credit of common innominate contracts in common law. Besides studying concept of Islamic Insurance (Takaful) and its advantages, this descriptive-analytical study aims at analyzing Takaful legitimacy in jurisprudence and positive law and explains similar contracts.
rasoul abaft
Abstract
identifying tasks and the domain of the organization which is responsible for transport.The evolution of legislation applied including Warsaw convention 1929, the Hague protocol 1955 has changed the different analysis and established an independent identity to Air transportation contract inspired by ...
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identifying tasks and the domain of the organization which is responsible for transport.The evolution of legislation applied including Warsaw convention 1929, the Hague protocol 1955 has changed the different analysis and established an independent identity to Air transportation contract inspired by the traditional in the light of developments in the aviation industry and new ideas that guarantee the rights of the parties especially passenger .This new naturesubsequently has provided a context for the new ideas discussions especially in responsibility of transport carrier. In this article we will discuss the nature of Air transport contract and its impact on responsibility of transport carrieraccording to the rules of Iranian legal system.
mojtaba ansariyan
Abstract
Nowdays can say confidently a large part of the international transaction takes place between individuals and companies which there is no trust between them due to strong business relationshipsas a result, the sellerknow irrationalthat without any warranty from the buyer producing or supplying ...
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Nowdays can say confidently a large part of the international transaction takes place between individuals and companies which there is no trust between them due to strong business relationshipsas a result, the sellerknow irrationalthat without any warranty from the buyer producing or supplying the vendee's goods.L.C is a good solution to eliminate distrust between buyer and seller on the other hand, due to the increasing use of cyberspace and information technology in all areas, including electronic records in letters of credit has expanded significantly its position among various documentary techniques so that according to its advantages compared to traditional or paper documentary it has moved beyond the traditional way.This research is a descriptive method and analyzes the words and processes in the field of electronic commercby reviewing and adapting the methods of traditional and electronic records in letters of credit how to trade internationally relies on E.R.L.C.
Seyyed Abolghasem Naghibi; abouzar esmaeli
Abstract
According to Article 140 of the German Civil Code, If the void legal act includes the elements of valid legal act, if the virtual will of the parties is fulfilled by the judge, the invalid legal act will be transformed into the valid legal act. in order to clarify the concept and different definitions ...
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According to Article 140 of the German Civil Code, If the void legal act includes the elements of valid legal act, if the virtual will of the parties is fulfilled by the judge, the invalid legal act will be transformed into the valid legal act. in order to clarify the concept and different definitions of the institution of conversion and to express its independent nature, the distinction of this institution with similar institutions in contemporary legal doctrine is examined. to clarify the concept and different definitions of the institution of transformation and at the same time to express its independent nature, the distinction of this institution with similar institutions in contemporary juridical doctrine is examined. To achieve these goals, a descriptive-analytical approach has been used. Reduction of the transformation process and prevention of the entry of foreign elements into the legal practice are the two main features of this institution that distinguish it from similar institutions such as partial invalidity, Novation, corrections of the contract and qualification. it can be said that the institution conversion legal act is a genuine institution and despite its similarity to some legal institutions, it has a distinct and independent concept.
Azadeh najafi; Ebrahim Taghizadeh; Ali Chahkandinejad
Abstract
An imposed contract is a new contract, the validity or invalidity of which is disputed. Well-known Imami jurists believe in the invalidity of new contracts, but later and contemporary jurists believe in its validity. In Iranian law, the principle of validity of contracts governs it. An imposed contract ...
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An imposed contract is a new contract, the validity or invalidity of which is disputed. Well-known Imami jurists believe in the invalidity of new contracts, but later and contemporary jurists believe in its validity. In Iranian law, the principle of validity of contracts governs it. An imposed contract has the general conditions set forth in Article 190 of the Civil Code, and the specific conditions. Some of these characteristics are related to the subject and property of the contract, some are related to the characteristics of the proposing party, some are related to the general provisions of these contracts, and some are related to how the contract is required and accepted. Numerous proposals have been made to support the weak side of the contract in the imposed contracts. Modification of the contract, interpretation of the contract, removal of the contract terms, termination of the contract, are among these proposals. In the Consumer Protection Law approved in 2009, the General Policies Implementation Law in Article 44 of the 2008 Constitution, the Insurance Law approved in 1316, the Maritime Law in 1343, the Electronic Commerce Law approved in 1382, the building pre-sale law approved on 89/10/12, protection We see the injured party in the imposed contracts. Of course, what ensures the interests of the weak party in the imposed contracts is the adjustment or elimination of unjust and unfair conditions while maintaining the principle of the contract, and the guarantee of invalidity, termination and non-influence can not ensure the interests of the weak party that needs to conclude the contract. Slowly It seems that in order to protect the weak side of the contract, and due to the lack of explicitness and the provision of a specific performance guarantee, such an article should be approved: If a contract is entered into by imposition and entails unfair, unfair or oppressive terms, the judge must, as far as justice is concerned, modify those terms or exempt the weak party from enforcing them, and in interpreting the contract, the expediency of the party. Consider the weak.
Hamzeh Amini; Abbas Mir shekari
MohammadRasou Ahangaran; Mahdi Saeedi
Volume 5, Issue 2 , February 2017, , Pages 1-24
Abstract
Abstract One of the principles dominating the private contracts between individuals is the principle of the supremacy of will or the liberty of contract. This principle is considered as one of the main discussions of the contract law. According to this principle, the contracting parties are free ...
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Abstract One of the principles dominating the private contracts between individuals is the principle of the supremacy of will or the liberty of contract. This principle is considered as one of the main discussions of the contract law. According to this principle, the contracting parties are free in choosing the other party of the contract as well as the shape, form, amount, and conditions of the contract, lest limited by law, good behavior, or public order. Although the shape and form of some contracts have been specified in the civil code, the contracting parties can draw upon the liberty of contract principle to choose a form and shape other than the fixed contract. Article 10 of the civil code of the Islamic Republic of Iran is the main supporter of the liberty of contract principle. Regarding the Islamic law, the jurisprudents have extracted numerous proofs and arguments from the Islamic traditions and texts and have introduced them as the principles of the liberty of contract.
Volume 4, Issue 2 , January 0, , Pages 11-22
Abstract
Policymakers seek to protect minority shareholders through designing various procedural and substantive legal rules. The protection is done by miscellaneous ways including derivative action which has been accepted in many legal systems such as USA and England, and Iran’s law has accepted ...
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Policymakers seek to protect minority shareholders through designing various procedural and substantive legal rules. The protection is done by miscellaneous ways including derivative action which has been accepted in many legal systems such as USA and England, and Iran’s law has accepted it in joint stock companies so that has let one fifth of shareholders file a lawsuit in the name and on behalf of company against directors and managing director that has damaged company by their own default. Nonetheless the scope of agent’s powers is not obvious in Iran’s law and it is not clear if the shareholder(s) can withdraw his statement of case or claim? In the case of being many litigant shareholders, their unanimity is necessary to make a decision about various issues of trial such as demand to refer to expert, appeal, settlement etc? Can they ask court to issue writ of execution and taking relief? The existence of one fifth shareholders is only essential to bring a claim or its continuity is required? Principally the answer to these questions should be clarified in Code of Civil Procedure, the mentioned code, however, does not have any injunction on these subjects.
parviz bagheri; morad maghsoudi
Volume 5, Issue 1 , January 0, , Pages 11-22
Abstract
The mortgaged property will be handed to the mortgager after seizure. Consequently, the mortgager may do transmissions on this property that result in its transfer. Does the owner have the right to do such occupations on the mortgaged property or not? If the answer is negative then what will enforce ...
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The mortgaged property will be handed to the mortgager after seizure. Consequently, the mortgager may do transmissions on this property that result in its transfer. Does the owner have the right to do such occupations on the mortgaged property or not? If the answer is negative then what will enforce the prohibition? Invalidity or Lack of Influence? If the answer is positive, then, is the application of this right absolute or it is bounded to the rights of the mortgager? The answer to these questions lies in the dimension of the mortgager possession to the mortgaged property. The Iranian legislator declares the scope of this possession in the Articles 793 and 794 of the Civil Code. However, the Civil Code does not propose a clear scale for the issue. Article 793 suggests “loss” as the only legal obstacle to the mortgager to do so. At the meantime, Article 794 states that the “benefit” in the mortgage is an essential factor for the possession. Therefore, apparent contradiction between these two Articles and lack of a uniform scale in interpreting the terms of “loss” and “benefit” in the mentioned Articles, raise various and contradictory opinions among the judges of the courts and legal scholars. The present paper tries to find answers to the questions and to clarify the ambiguities of the era.
Ebrahim Taghizadeh
Volume 6, Issue 1 , September 2017, , Pages 11-19
Abstract
Abstract
Estisna contract is made between a client and a manufacturer. It is conducted in this way that the client asks the manufacturer for a specific product. After that the manufacturer accepts the order and promises to prepare raw materials, manufacture ...
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Abstract
Estisna contract is made between a client and a manufacturer. It is conducted in this way that the client asks the manufacturer for a specific product. After that the manufacturer accepts the order and promises to prepare raw materials, manufacture the product, and deliver it at the due date. The client is also obliged to pay the agreed fee stated in the contract. There is disagreement about the nature and validity of this contract between jurists and legal experts. Some consider Estinsa contract as an independent sale contract, others as forward sale contract. Anyway this contract is considered to be a valid contract in Iranian law. Todays this contract can play a significant role in the Islamic banking system. Using the framework of this contract, banks can finance projects of the public and private sector. They make this contract in two ways: some times as an investor and a representative of the client who demands the product, and sometimes as an intermediate.
