Scientific Research
Mehdi Karimianravandi; Qasem Mohamadi
Abstract
The conflict of public and private interests and the need to protect individuals against the economically powerful side, it has caused governments to prohibit certain actions in the contract through law s and the use of negative and positive tools and force some to argue that this is one of the most ...
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The conflict of public and private interests and the need to protect individuals against the economically powerful side, it has caused governments to prohibit certain actions in the contract through law s and the use of negative and positive tools and force some to argue that this is one of the most contentious issues in contract law. Standard and compulsory contracts are tools for achieving economic justice and denying domination. Which aims to negate domination and improve efficiency and its desirability depends on custom. The main question is whether in this way the domination of the superior economic person over the weak side of the contract can be prevented? Is restricting property domination, restricting contractual freedom. Prohibiting monopolies, pursuing goals justice? This descriptive – analytical article shows the implementation of legal instruments is more important than the implementation itself. This article aims to prove the uselessness of legal measures in case of adopting incorrect methods of implementation. Therefore, anticipating regulatory mechanisms and filling legal gaps to implementation will help achieve economic justice.
Scientific Research
Abbas Asgari
Abstract
Due to the silence of the Civil Code about the beginning time of the effect of suspended contracts and in other words, discovery or transference of suspension clause, the issue cannot be ruled out from similar cases in iranian civil code, Because such an inference is based on a kind of analogy that is ...
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Due to the silence of the Civil Code about the beginning time of the effect of suspended contracts and in other words, discovery or transference of suspension clause, the issue cannot be ruled out from similar cases in iranian civil code, Because such an inference is based on a kind of analogy that is not acceptable in our law. Therefore, it is necessary to refer to jurisprudential sources and examine the reasons for each theory. After examining the evidence, it should be said that according to the rules and legal principles, the effects of a suspended contract start from the time of obtaining the condition of suspension and that is transference theory, which is a rule that the parties can not agree against. This debate has important practical effects; according to the theory of transference, the subject of the transaction becomes the property for the obligated party of the opposing contract with the suspended contract, but according to the discovery, the opposing contract will be Unauthorized. In transactions in which there is a pre-emption right, due to the transference, the time of using this right is from the time of fulfillment of the condition, and If we believe in the discovery, the pre-emption right has been proved since the contract was signed.
Scientific Research
Maasomeh Mazaheri; Mahsa Jamshidishahmiri
Abstract
Private information has been considered as one of the most important types of privacy in legal systems. Nowadays this issue got more important due to the development of technology and the increasing use of cyberspace. Civil protection of people's privacy is a necessity of modern law, as it compensates ...
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Private information has been considered as one of the most important types of privacy in legal systems. Nowadays this issue got more important due to the development of technology and the increasing use of cyberspace. Civil protection of people's privacy is a necessity of modern law, as it compensates for losses more equitably, and prevents similar civil wrongs. In American law alongside fault-based liability in revealing private information for limited groups, strict liability has been accepted in the public disclosure of private facts. In Iran law, despite the existence of jurisprudential and legal principles, the fundamental of civil liability arising from the revealing of private information have not been revised, and we need a thoughtful amendment in this regard. In this paper, which has been written by library method, the fundamental of civil liability arising from the revealing of private information in American law are first explained. Then, the fundamental of civil liability resulting from the revealing of private information in Iran law and Shia’ jurisprudence are examined. Finally, we conclude that it is necessary to accept strict liability as the basis of civil liability arising from the public disclosure of private facts in Iranian law. In determining the limits and exceptions of civil liability arising from the revealing the private information, valued rules and precepts of jurisprudent make us needless to American law’s model.
Scientific Research
Habib Talib Ahmadi; hamid hamidian
Abstract
Pre-contractual negotiations, as the main platform for creating legal obligations, can involve risks for the parties and lead to non-conclusion of the contract, spending preliminary expenses by one party, or concluding a shaky and breached contract. The two parties must be careful about what they say ...
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Pre-contractual negotiations, as the main platform for creating legal obligations, can involve risks for the parties and lead to non-conclusion of the contract, spending preliminary expenses by one party, or concluding a shaky and breached contract. The two parties must be careful about what they say or do in the pre-contractual period; Because according to them, an action may be taken by the other party and as a result, the other party to the contract will be harmed. The duty of care is a legal obligation that is justified in order to avoid the occurrence of such damage to the other party through the fault of one party. This duty can be justified as a condition or implicit agreement in entering the pre-contractual stage. Economically, it prevents market failure and expands trading confidence. There is disagreement about the nature of this task. According to the classical approach, it is closer to non-contractual liability. However, according to a new approach, entering into negotiations can be considered as an agreement or an implicit condition for observing the duty of care during negotiations and a kind of contractual liability. In case of violation of this duty, according to the situation of guarantees such as, obligation to return to negotiation, compensation, obligation to conclude a contract and termination or cancellation of the contract can be reviewed and analyzed. This duty remains unknown in Iranian law and Islamic jurisprudence. However, the duty of care can be determined based on the general rules of civil liability or the inference of an implicit contract based on the observance of the duty of care, as well as Article 35 of the Electronic Commerce Law and the guarantee of its implementation.
Scientific Research
Ahmad Deylami; nahid zand lashani; ALI JAVADIEH
Abstract
The basis of civil liability is one of the most important theoretical issues in this branch of law; and is the answer to why the defendant needs to be compensated. To identify the basis of vicarious liability, jurists have cited different criteria. But none of them are without flaws. In all these theories, ...
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The basis of civil liability is one of the most important theoretical issues in this branch of law; and is the answer to why the defendant needs to be compensated. To identify the basis of vicarious liability, jurists have cited different criteria. But none of them are without flaws. In all these theories, the exceptional responsibility of representation is evident. In this paper, by descriptive, analytical and comparative methods, it was concluded that: First, vicarious liability is not an exception to the principle of personal responsibility; Second, the distinguishing feature of this liability with other types of liability for material operations leading to loss by others. It also seems that the legislature has assigned a degree of responsibility and according to the way in which a person interferes in the process leading to the loss, in the case where the compensator has the right to refer to others and in the case where he has no right to refer, distinguishes. Has been. In the first case, in both Iranian and British law, the basis for liability is to protect the victim and to provide assistance and assistance to the victim and not to confront the victim with weak individuals who are under the control or supervision of another. And since breach of duty is not the sole cause of the loss, it only puts the person in charge alongside the main culprit. In cases where there is no right of recourse for the compensator, the basis of civil liability is the Customary Imputability, which causes him to be harmed by others.
Scientific Research
Hossein Valipoori; Seyed Ebrahim Moosavi; Hengameh Ghazanfari; Jamshid Mirzaei
Abstract
The principle of independence and domination of individuals, as well as the absence of guardianship over the affairs of others, requires that every person normally interfere and seize only his own property or affairs, and is not allowed to interfere in the affairs of others. Since managing and interfering ...
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The principle of independence and domination of individuals, as well as the absence of guardianship over the affairs of others, requires that every person normally interfere and seize only his own property or affairs, and is not allowed to interfere in the affairs of others. Since managing and interfering in the affairs of others is a situation contrary to the rule and principle, the Iranian legislator has accepted the management of property of another under certain conditions in Article 306 of the Civil Code. Given that the management of non-exceptional property is based on the principle of non-guardianship over the property of others, if there is a damage to the owner of the property in the process of other property management, how and to what extent invoking and relying on the rule of bona fide affects the responsibility of the unauthorized manager? This study based on the method of rational analysis in Iranian law and common law reached this conclusion, in cases where the manager intended to repay losses from the property of others and in this regard, the out of fault loss is applied to the owner, according to the rule of bona fide, the unauthorized manager is released from responsibility.
Scientific Research
Parvin Akbarineh; Ramez Abedi
Abstract
Accidents dueto vehicle driving increasing in the present era in our country is a legal event and the results from such events cause damage and consequently the compensation of such damage with regard to the kind of accident and based on legal and judicial basics and according to theories and the rules ...
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Accidents dueto vehicle driving increasing in the present era in our country is a legal event and the results from such events cause damage and consequently the compensation of such damage with regard to the kind of accident and based on legal and judicial basics and according to theories and the rules of responsibility making produce responsibility.The redress arising from such incidents basically according to Iran law is up to the guilty person in accident involved typically in series of accidents events.But in some accidents,the person committed the crime who is responsible for driving,doesn’t have lawful term, for driving that the manifest and objective sample of it is“driving without certificate”.On the one hand, the vehicle involved in the accident is out of ownership and the violation of driving regulation has caused the accident which the law definitely has anticipated the penal responsibility with criminal title“adjutancy in crime of driving without license” but is reticent about the civil responsibility in redress and in referral to publics,the responsibility has not also been formularized,whatever is examined in this article is the civil responsibility of third persons(non–driver) for redressing due to driving accidents in Iran law that according general principles of civil responsibility law, for its realization, legal basics including legal theories, civil responsibility making in law systems and judicial and juridical rules, will be considered in responsibility making.
Scientific Research
Mohammad Shojaeian; Mohammadreza Pasban; Sattar Zarkalam
Abstract
Due to unique position of Europian counties in terms of both political and economics as well as following these two elements in other majors and its modern from which means (EEC) and converting to European union (EU) that has become aunited country and making an effort in enacting a united comprehensive ...
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Due to unique position of Europian counties in terms of both political and economics as well as following these two elements in other majors and its modern from which means (EEC) and converting to European union (EU) that has become aunited country and making an effort in enacting a united comprehensive organization in the territories of each of the member of European countries and has passed plenty of agreements and regulations in different affairs, a united judiciary and nonjudiciary has been done and by preventing the possible conficts guarantees the social and economical security of the European inhabitant and have gone so far inspite of failure in European legisiation in France. They have been planning to make other reforms for repassing the above mentioned in conclusion as well as changing and reforming the law outlook in European, the familiarity with the structure of the new European union and fundamental factors and theirs passing must be prioritized which a vital essential action both the interest of economic and poloticcalnecessity of Islamic republic of Iran need us to have good relationship with this part of the world and the first step is to get familiar with the new present day nature of this phenomenon. As for the measure taken in trade arena is the insolvency phenomenon and is impacts on public policy, creditors, debtor designers have trud to present new method for facing this matter that both from the international trade laws outlook and private international laws outlook one of greet importance that we looked in to it alongside UNCITRAL model law about insolvency and due to the lack of legal regulations can open a horizon in our country legislation which will have good impacts in economic relations.
Scientific Research
gholamreza Olyaeei; Soheil Taheri; Hassan Fadaei
Abstract
Additional lawsuits are not well known in the Iranian civil procedure legal system, and there has been little discussion of this in legal articles and books. According to the legislature in Article 17 of the Code of Civil Procedure, additional lawsuits one of the types of ancillary claim and it is clear ...
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Additional lawsuits are not well known in the Iranian civil procedure legal system, and there has been little discussion of this in legal articles and books. According to the legislature in Article 17 of the Code of Civil Procedure, additional lawsuits one of the types of ancillary claim and it is clear to those who know that the design and defense of such claim requires compliance with the procedures set forth in the law mentioned above. Unlike other ancillary claims (counterclaim, impleader and third party intervention), the rules of civil proceedings do not examine its effects and rulings in detail and independently. The question posed in this article is how to properly plan an additional lawsuit in Iranian civil procedure that would logically have a close relationship with the origin of the main lawsuit. The achievement of this article is the submission of an application as a more logical alternative to the petition and the presentation of some new conclusions in accordance with the law and inspired by judicial procedure. By examining the concept, necessity, conditions and rulings of these disputes and analyzing them, the authors have tried to take a small step by shedding light on obscure points.
Scientific Research
vadood barzi; ali gharibeh; esmaeil saghiri; Naser Masoodi
Abstract
Maintaining the security and dynamism of competitive markets is a necessity and to ensure and maintain this situation, special rules and measures are needed with powerful and effective tools, which are collectively called competition law. The need to implement these regulations and ensure their success ...
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Maintaining the security and dynamism of competitive markets is a necessity and to ensure and maintain this situation, special rules and measures are needed with powerful and effective tools, which are collectively called competition law. The need to implement these regulations and ensure their success requires that competition law is backed by a guarantee of efficient, reasonable and effective performance in order to provide compensation for the victims, especially consumers, by anticipating the contractual, non-contractual and criminal responsibilities of violators in this field. There are many questions in this regard; including whether competition law guarantees effective performances and what kind of performance guarantees are included. Assuming the existence of various types of performance guarantees and referring to the most important domestic and foreign sources and considering the current situation, this article analyzes, reviews and critiques the types of performance guarantees in Iran only in the area of negative liabilities of commercial enterprises and compares it with EU and US law to clear up ambiguities and take advantage of the strengths of other legal systems. Chapter 9 of the Law on the Implementation of Article 44 of the Constitution provides for the guarantee of special and joint performances in order to establish competition and prevent anti-competitive actions due to the importance and beneficial effects that performance guarantees can have, as well as the shortcomings and shortcomings of this part of the law, it seems necessary to pay attention to it.
Scientific Research
Hamid Afkar; abdollah khodabakhshi; mohammad abedi
Abstract
Article 50 of the Compulsory Insurance Law approved in 2016 is based on materials such as preventing the issuance of conflicting votes, reducing the number of cases, identifying false lawsuits and preventing the objections of the judged case. The compliance of this article with the provisions of civil ...
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Article 50 of the Compulsory Insurance Law approved in 2016 is based on materials such as preventing the issuance of conflicting votes, reducing the number of cases, identifying false lawsuits and preventing the objections of the judged case. The compliance of this article with the provisions of civil and criminal procedure indicates the difference in the degree of involvement of the insurer in criminal and legal cases. The management of insurance claims plays an important role in the economic efficiency of insurance companies and the reduction of lawsuits against them. The management of these cases requires the effective involvement of the insurer in the proceedings, which is not an easy task due to the complexity of the rules of civil and criminal procedure. Article 50 of the Compulsory Insurance Law approved in 2016, as a special establishment, considers a special right for the insurer to intervene in legal and criminal cases, and in collecting to this regulation with the formalities of civil and criminal procedure, it should be said that the insurer intervenes in the management of legal and criminal cases, Is possible under the supervision of a judicial authority, and if the insurer claims an independent right, it is obliged to file a lawsuit in accordance with the regulations.
Scientific Research
mohammad salehimazandarani; mohammad bafahm
Abstract
One well-known theory of government civil liability is that the government is immune to civil liability in face of harmful government actions. In Iranian law, Article 11 of the Civil Liability Law evokes this theory, and therefore, most jurists and legal writers, citing this article and considering ...
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One well-known theory of government civil liability is that the government is immune to civil liability in face of harmful government actions. In Iranian law, Article 11 of the Civil Liability Law evokes this theory, and therefore, most jurists and legal writers, citing this article and considering the jurisprudential and legal basis of the authority of the Islamic ruler and the government, believe that legal system and jurisprudence Imamiyya has recognized the theory of state immunity. This article seeks to understand the approach of Iranian law to the responsibility of the government resulting from the exercise of sovereignty and to critique the well-known opinion of jurists and legal writers. In addition to a new review of Article 11 of the Civil Liability Law, as well as an analysis of the relationship between Article 11 of the Civil Liability Law and the Civil Code, the limits of the government's civil liability for harmful acts of governance are explained. The legality, exceptionality and illegality of government liability are examined. The results of this article show that contrary to the popular opinion of jurists and legal writers, despite the initial appearance of Article 11 of the Civil Liability Law, the theory of government immunity and illegality of responsibility of the government cannot be attributed to Iranian law and Imami jurisprudence.
