Scientific Research
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.
Scientific Research
Sfandyar Kordi; Reza Tajarlou; Mohsen Mohebi
Abstract
between the interests and legitimate expectations of the parties under the terms In oil and petroleum contracts, unexpected events causes drastic changes in the original terms and conditions of contracts and balance of interest of parties will be adversely affected and interrupted. Various conditions ...
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between the interests and legitimate expectations of the parties under the terms In oil and petroleum contracts, unexpected events causes drastic changes in the original terms and conditions of contracts and balance of interest of parties will be adversely affected and interrupted. Various conditions need to be foreseen for these clauses such as forecasting contractual mechanisms for renegotiation, revisit and adaptation of economic equilibrium which accordingly would substitute the preliminary agreement with new conditions in such contracts so that the interests of the parties continue to be balanced. Undoubtedly, one of the most important developments in the field of petroleum contracts is the modern approach to contract terms for the continuation of the contract through a compromise of the modification of the contractual obligations of those actors changed in the circumstances. Thus, what is the mechanism of contractual equilibrium in oil contracts? This is a question that this article seeks to answer by examining and analyzing the terms of the contract and its achievement is ‘‘The mechanism of contractual conditions for balance is a new approach to coexistence and a combination of renegotiation conditions and stability conditions to increase contract the versatility and reduce the hardness of the contract to create a balance of benefits and increase the efficiency and performance of the oil contract’’.
Scientific Research
Hamid Hamidian; Mansor Amini; Aliakbar Hokmabadi
Abstract
Any contract may face ambiguities in the execution phase that need to be interpreted. Courts usually interpret these ambiguities based on the discovery of the common intent of the parties. However, following the characteristics of the contract or the special situation of the parties in some contracts, ...
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Any contract may face ambiguities in the execution phase that need to be interpreted. Courts usually interpret these ambiguities based on the discovery of the common intent of the parties. However, following the characteristics of the contract or the special situation of the parties in some contracts, special interpretative rules are applied to them. Therefore, the insurer may take advantage of this fragile situation of the insurer and its authoritarianism and adjust the insurance contract in line with your interests. Therefore, in order to support the legitimate expectations of the insurer and eliminate this inequality in the 1970s, a special method for interpreting insurance contracts under the "legitimate expectations method" emerged in the United States and experienced a change over several decades. Recent developments in this method indicate that the application of this rule is appropriate after proving unequal legal and economic situations. In Iranian law, this method is not directly mentioned, but in the interpretation of the contract, the courts are better instead of applying the dry rule. Interpretation against the insurer, apply this rule in line with the legitimate expectations of the insurer. In this study, we examine this doctrine and its role in the interpretation of insurance contracts.
Scientific Research
Banafshe Mazloom torshizy; Golam Nabi Fayzi Chakab
Abstract
With the development of maritime transport and the increasing likelihood of maritime accidents, as well as the growth of public awareness of the importance of the marine environment, the need to prevent and reduce marine environmental pollution has become increasingly important for all countries, especially ...
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With the development of maritime transport and the increasing likelihood of maritime accidents, as well as the growth of public awareness of the importance of the marine environment, the need to prevent and reduce marine environmental pollution has become increasingly important for all countries, especially coastal countries. Article 14 of the 1989 International Convention on Salvage was enacted to meet this need and to provide sufficient incentives for salvor who were entitled to compensation only if property and ships were saved. According to this article, the salvor who tries to prevent or reduce the damage to the environment will be entitled to receive special compensation equal to his expenses. Although this material was an important innovation in its time, naturally, it needs to be reformed in the current situation. It has to be corrected, especially since the main emphasis in this article is on compensating the savings' expenses and the element of profit is not included in it. The scope of the environmental damage in the 1989 Convention is mainly coastal and territorial waters, In practice, coastal state intervention may reduce the success of the rescuer and thus deprive the rescuer of all or part of the reward that might have been awarded to the rescuer under Article 13 of the Convention. Therefore, the coastal state benefits from the rescue efforts, without being responsible for assisting or paying the rescuer in Article 14.
Scientific Research
Mostafa Elsan; Davood Nasiran; Naser Abbaspour fattah
Abstract
Transportation of dangerous goods is considered by legal systems and international conventions such as the Convention on the Transport of Dangerous Goods. Hazardous goods are substances that are inherently hazardous to the health or health of humans, animals and the environment. The purpose of this study, ...
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Transportation of dangerous goods is considered by legal systems and international conventions such as the Convention on the Transport of Dangerous Goods. Hazardous goods are substances that are inherently hazardous to the health or health of humans, animals and the environment. The purpose of this study, which has been done by library and documentary methods, is a comparative study of the transport of dangerous goods from the perspective of Iran and the Convention on the Transport of Dangerous Goods. Studies show that the Iranian legal system has not yet prepared specific rules and regulations in this regard, and only with the help of relevant laws can we understand the approach of the Iranian legal system to this issue. The convention addresses the issue more comprehensively and bases the responsibility of the transport operator on "safety theory". Therefore, it is necessary to formulate comprehensive regulations with legal leverage and guarantee effective implementation, using the rules and regulations contained in the Convention by the legislator of Iran.
Scientific Research
Hedayatollah Soltaninejad; Ali Haddadzadeh shakiba
Abstract
In the modern societies, principally, persons in their social relationships with each other have some logical expectations and obligations which should be respected by all people and in the other way it will conclude to some damages in this position. legislators obligation is to make law for lifting ...
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In the modern societies, principally, persons in their social relationships with each other have some logical expectations and obligations which should be respected by all people and in the other way it will conclude to some damages in this position. legislators obligation is to make law for lifting these damages from the damaged person shoulders. As one of the most important social rank in the society is voluntary obligations through the contracts by the persons, emerging contractual expectations and respecting to these is an axiomatic issue and if not respected, the offender will be responsible to the damaged person by paying money as the broken expectation substitutionary. Verifying these contractual expectations in the common law in the comparison of its Islamic one can be counted as a landmark in the determination of these expectations concept and limitation in the both systems. At last, this contribution could reach to this conclusion that there is no much difference between the Islamic Model with its common law in the matter of expectation damages, however; entity of some difference in these two systems is undeniable.
Scientific Research
Hoda Moshfeghi feyz abadi; Rouhollah Akhoundi Roshnavand
Abstract
Indemnity clauses are one of the transfer of responsibility clauses that importance and practical of them in terms of transfer of risk and division of responsibility in intellectual property contracts and on infringement of third parties' rights have been caused them to have special place in internal ...
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Indemnity clauses are one of the transfer of responsibility clauses that importance and practical of them in terms of transfer of risk and division of responsibility in intellectual property contracts and on infringement of third parties' rights have been caused them to have special place in internal and international law, including common law system. Nevertheless, the notion of this clause in intellectual property contracts, its nature, territory and legal effects in the relationship between parties of contract and third parties are in question. In this analytical and comparative research, we intend in addition to examination the notion of indemnity clause in intellectual property contracts, explain three issues of the nature of this clause and basis of its accuracy and legal effects of this clause in intellectual property contracts system . Finally, we concluded that despite serious similarity of this clause with contracts and conditions like insurance, guaranty and etc. this clause has independent nature and article 10 of civil code can be the most comprehensive basis for accepting this useful clause in Iran's legal system. Considering the principles of privity of contracts and opposability of contracts by third parties could be keys in determining the effects of this clause.
Scientific Research
Sara Kashfi ashtiani; Javad Nik nezhad
Abstract
Prior to the passage of the new Commercial Code and the Law on Execution of Financial Sentences adopted in 2015, the legislature did not explicitly consider state-owned companies to be subject to bankruptcy regulations. Iranian law has become a beacon of confusion due to the dispersion and extent of ...
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Prior to the passage of the new Commercial Code and the Law on Execution of Financial Sentences adopted in 2015, the legislature did not explicitly consider state-owned companies to be subject to bankruptcy regulations. Iranian law has become a beacon of confusion due to the dispersion and extent of the provisions of the Commercial Code and other laws regarding the bankruptcy of state-owned companies. The bankruptcy of state-owned companies provided for in the new bill of the Commercial Code and the Law on Execution of Financial Sentences adopted in 1394 is in conflict with Article 44 of the Constitution, so it is not easy to declare their bankruptcy. Under British law, too, state-owned companies are not wholly owned by the government, and only the statutes and bills of parliament can pass bankruptcy rules. In Iranian law, state-owned companies, like other commercial companies, can be subject to bankruptcy provisions in Article 412 of the Commercial Code, and if the court recognizes the financial debt of such companies, after declaring bankruptcy, it must act to liquidate such companies. In British law, the existing conflicts regarding the bankruptcy of state-owned companies are more visible than the law of Iran, because there are no written laws regarding the bankruptcy of state-owned companies in the United Kingdom.
Scientific Research
Hasan Badini; Milad Mashayekh
Abstract
Article 306 of the Civil Code provides for the management of non-property in the event of an emergency arising out of a defect or loss of money. In the final section of the above regulation, the legislator, with the statement "If interference or delay in interference leads to the loss of the owner, the ...
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Article 306 of the Civil Code provides for the management of non-property in the event of an emergency arising out of a defect or loss of money. In the final section of the above regulation, the legislator, with the statement "If interference or delay in interference leads to the loss of the owner, the intermediary is entitled to receive The cost would be necessary to manage it. "This jurisprudential question has been created by the scholarly mind: What is the legal justification of the owner's guaranty against the director? The answer to this question, which has so far not been addressed in the related works, has been largely ignored. It is about three axes: legal representation (lawyer), affairs, and Ihsan's rule, which, according to Marat This, it explains that the authors of this article have been founded, it is based on the provisions of the liability is no good no good.
Scientific Research
Reza Maboudi Neishabouri; SeyedAlireza Rezaee
Abstract
Mediation or Conciliation has several advantages comparing with other commercial dispute resolution methods, including speed, cheapness, and countinuing commercial relations between the parties. Unfortunately, this dispute resolution method is not widely used in commercial disputes and individuals and ...
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Mediation or Conciliation has several advantages comparing with other commercial dispute resolution methods, including speed, cheapness, and countinuing commercial relations between the parties. Unfortunately, this dispute resolution method is not widely used in commercial disputes and individuals and business actors have not been able to profit the benefits of this dispute resolution method. The main reason for this situation is the lack of adequate executive support in Iranian law for the settlement agreement as the result of the mediation and conciliation process. Therefore, in this article, while explaining the benefits of mediation and the need to legislate supportive laws regarding this dispute resolution method, a commercial mediation model act has been proposed to the Iranian legislature, so that future enactment of this law leads to significant progress in Iranian commercial dispute resolution. The following three topics are analyzed in the article: "The benefits of commercial mediation and the need for a special legislative policy to support commercial settlement agreements", "The current legislative policy of the Iranian legal system regarding commercial mediation" and "Proposing a commercial mediation model act to the legislature".
Scientific Research
sSeyed Mohammad amin Hosseini; Mahdi Narimanpour
Abstract
Start-ups are start-ups based on new ideas or new methods that are set up and implemented temporarily with the aim of becoming a stable and valuable enterprise, and often appear in this field due to the favorable environment of cyberspace and information technology. Considering the prominent and very ...
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Start-ups are start-ups based on new ideas or new methods that are set up and implemented temporarily with the aim of becoming a stable and valuable enterprise, and often appear in this field due to the favorable environment of cyberspace and information technology. Considering the prominent and very important role of start-ups in the field of cyberspace in all economic, social, security and political areas of societies, it is very important to explain the legal responsibilities of these businesses in relation to their activities. In this research, we will investigate the civil liability of such companies in case of damages by analytical-descriptive method and referring to library sources. It seems that considering the diversity and multiplicity of causes of liability of such companies, the basis of fault, which is the accepted basis in Iranian law, cannot be the sole basis of liability of such companies, but has a special basis according to the causes.
Scientific Research
Mostafa Nasiri; Abdulkarim Ozmany; Roqayya Molazehi
Abstract
Securitization is a financial instrument, in which Assets are generally transferred in three different methods; Assignment, Novation and Sub-Participation (the latter is used in common law systems). A comparative study among these Legal Frameworks shows that regardless of the method used for transferring ...
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Securitization is a financial instrument, in which Assets are generally transferred in three different methods; Assignment, Novation and Sub-Participation (the latter is used in common law systems). A comparative study among these Legal Frameworks shows that regardless of the method used for transferring assets in securitization, it should be accomplished in a manner that removes to the extent practicable, these assets from the estate of the selling company in the event of its bankruptcy, which can be achieved by isolating the source of payments and insuring that the transfer of the assets from the Originator to the SPV cannot be interfered, which often referred to as creating a “true sale” of the receivables. On the other hand, Factoring Companies, which are bank-credit institutions, has the primary objective of providing liquidity to traders and funding them through the purchase of their short-terms claims are exposed to cash reduction and liquidity risks due to such activities, causing them to seek funding sources. Thus to study the implementation of securitization on receivables arising from factoring operations as a funding source, it is necessary to consider the different approaches of Legislation in limited or unlimited determination of convertible assets and other characteristics determined for such assets. However, the practice of most developed countries is based on non- restricting these assets and assigning it to the will of the parties, provided that such assets meet all the necessary requirements for securitization.
