Scientific Research
Monireh Khodadadpour
Abstract
Special tourism zones have got abundant capabilities to attract indoor and outdoor investors and tourists. This situation has drawn attention of many countries to more and more development of these zones. Although in our country, Iran, special laws have been ratified for this subject, we have not seen ...
Read More
Special tourism zones have got abundant capabilities to attract indoor and outdoor investors and tourists. This situation has drawn attention of many countries to more and more development of these zones. Although in our country, Iran, special laws have been ratified for this subject, we have not seen any significant development in these zones yet. One of the effective factors of existing situation is the abundant legal vacuums and the unclear legal nature of contracts in these zones.In this study, by introducing special zones and existing supports in our country, we try to investigate the legal supports and analyze the contractual nature of investment contracts of special tourism zones in other countries. We also try to analyze the possibility or impossibility of implementing the methods of public-private partnership in these zones. Due to the special characteristics of these zones and according to the existing laws, it seems possible to implement public-private partnership methods in these zones even though the existing laws needs to be amended.
Scientific Research
Hossein Shahid; Ali Eslamipanah; Ali Rostamifar
Abstract
The debt origination in the bankruptcy cases is one of the controversial issues among lawyers and this difference of opinion is also reflected in the decisions of the courts. Determining and recognizing the debt origination and examining its impact on bankruptcy case in correction of inadequacies and ...
Read More
The debt origination in the bankruptcy cases is one of the controversial issues among lawyers and this difference of opinion is also reflected in the decisions of the courts. Determining and recognizing the debt origination and examining its impact on bankruptcy case in correction of inadequacies and deficiencies and facilitating the quality of processes and finally issuing fair judgments by the courts and judicial procedure is fruitful and thus improves the quality of justice. The legal phenomenon of "debt payment suspension" is created due to economic factors, but has legal effects. Considering the scope and dimensions of inability to pay debts, two legal systems of bankruptcy and insolvency have been considered in Iranian legal system. In the institution of bankruptcy, the legislator has considered the economic realities more comparing to debt itself and in some cases, this issue has caused bankruptcy law to deviate from the general principles of law and civil law and even in cases where businessmen aren’t able to pay debts that are not commercial,, the law has obliged them to request for bankruptcy according to the provisions of the Commercial Law. The legislative path implies that the debt origination does not affect the bankruptcy case. Finally, we reach the goal that there is no separation between the merchant's assets and this opinion is strengthened that regardless of the type of debt origination that has been obtained, simply depriving the ability of merchant to pay the debt will result in bankruptcy.
Scientific Research
Hamzeh Nazarpour; Aliakbar Izadifard
Abstract
Ownership is a characteristic that arises as a result of any legal authority. What has been said about this feature so far has been in the field of earth; While the human effort to be present, active and live in space outside the earth is increasing. Along with this effort, it became more important to ...
Read More
Ownership is a characteristic that arises as a result of any legal authority. What has been said about this feature so far has been in the field of earth; While the human effort to be present, active and live in space outside the earth is increasing. Along with this effort, it became more important to examine various aspects of the issue from a legal point of view. If once the world community created a platform for human presence in space by writing international agreements, today the precise angles of this presence have made legal theorizing in this field inevitable. One of these aspects is the use of "ownership" of the moon, which is rejected in the Outer Space Treaty (1967) and the Moon Agreement (1979). In this article, which is organized in a descriptive-analytical way, on the basis of Islamic law, and considering that no agreement has been reached in the international arena regarding the ownership of the moon, in line with the spirit of international treaties, the aspect of rejecting the ownership of the moon was accepted.
Scientific Research
Mohammad Shokri; Ibrahim Taghizadeh
Abstract
One of the documents used in business activities is negotiable instruments, (draft, promissory notes and checks). Transactions related to negotiable instruments have a contractual nature due to the voluntary nature of the legal act and the reciprocity of the contract. bankruptcy prohibits the trader ...
Read More
One of the documents used in business activities is negotiable instruments, (draft, promissory notes and checks). Transactions related to negotiable instruments have a contractual nature due to the voluntary nature of the legal act and the reciprocity of the contract. bankruptcy prohibits the trader from financial transactions, including negotiable instruments. But because of the special features of these According to the Commercial Code, bankrupt transactions have the right to terminate before the suspension in certain circumstances, from suspension to the issuance of the bankruptcy order, some transactions are void and after the issuance of the ruling, it is also prohibited. during these periods, what are the effects and approach of issuing, endorsing, guaranteeing checks, promissory notes, and accepting you according to special characteristics? If it is before the suspension, and is subject to the right of termination, what effect does it have on the obligations of these documents? What is the approach to the annulment of a bankrupt obligation from suspension to the issuance of a sentence if the obligation under the commercial document is in the form of a peace agreement, a gift or a gratuitous transaction, or for the purpose of paying a debt? What are the effects and approach of banning bankrupt transactions on these documents? The present study is responsible for examining the legal approach and the specific effects of bankruptcy in the mentioned periods in different assumptions regarding the obligations arising from negotiable instruments.
Scientific Research
family low
Masoud Narimanpour; Mehdi Narimanpour
Abstract
Violation of prescribed texts brings different sanctions, depending on the legislator's goals, sometimes it is invalid, sometimes it is lack of influence, sometimes it is not valid and other cases. One of these sanctions, in French law, is to consider some Clause unwritten. This sanction claims that ...
Read More
Violation of prescribed texts brings different sanctions, depending on the legislator's goals, sometimes it is invalid, sometimes it is lack of influence, sometimes it is not valid and other cases. One of these sanctions, in French law, is to consider some Clause unwritten. This sanction claims that the violation of some of the provisions foreseen in the terms of the contract will cause the legislator to assume it as null and void, and as a result, it will not have any legal effect on the parties to the contract. .In this research, we aim to examine the nature, characteristics and legal effects of this institution in French law by referring to library sources with an analytical-descriptive approach, and at the same time, the possibility of identifying it in Iranian law and its possible legal effects. Check the existing laws. The unwritten Clause in French law has many legal effects, among them it can be mentioned that it is not judicial, not subject to the passage of time, not adjustable and explicit, and according to these effects, it should be separated from the institution of partial invalidity. knew In Iranian law, the existence of some legal texts such as articles 1069, 1081 and 778 of the Civil Code indicates that the legislator has paid attention to the necessity of the existence of this legal entity, and according to it, some legal works such as the non-nullity of an unwritten condition contrary to the requirements of the contract can be established.
Scientific Research
family low
Seyed Hasan Hosseini; Seyed Hasan Hosseini Moghaddam; Mehdi Fallah Kharyeki
Abstract
Preserving rights and obligations and ensuring their enforcement stand as key objectives of contract law, underscored through various legal principles. Nevertheless, instances arise where one party deliberately and opportunistically breaches a contract. If the breaching party stands to gain benefits ...
Read More
Preserving rights and obligations and ensuring their enforcement stand as key objectives of contract law, underscored through various legal principles. Nevertheless, instances arise where one party deliberately and opportunistically breaches a contract. If the breaching party stands to gain benefits beyond mere damages, this trend could propagate contract breaches and undermine the fundamental principle of contractual necessity. Thus, our primary focus is to explore deterrent measures against such breaches. Creating effective deterrence poses a significant challenge within Iranian contractual liability laws, where such mechanisms are seldom evident. Ultimately, we argue that conventional rules of damages lack adequate deterrence against efficient and opportunistic breaches, necessitating compensation exceeding actual damages in these instances. This approach mirrors practices in US law, incorporating punitive damages and recovery of benefits stemming from opportunism (disgorgement). If this approach adopted in Iranian law and met with requisite conditions, such measures could yield a substantial deterrent effect.
Scientific Research
family low
Faezeh sadat Saadatmandi; Hasan Badini; Abase Karimi
Abstract
The purpose of this research is to answer the question that under what conditions is the civil liability of the electricity supplier institutions in Iran and the United States caused by the acts of governance and under what conditions is it caused by the acts of entrepreneurship? It is trying to use ...
Read More
The purpose of this research is to answer the question that under what conditions is the civil liability of the electricity supplier institutions in Iran and the United States caused by the acts of governance and under what conditions is it caused by the acts of entrepreneurship? It is trying to use a qualitative method based on collecting information from library sources (documents) and analytical-descriptive method, in the form of conducting a comparative study, to find some examples that can create civil liability for the government or others in the two legal systems of Iran and the United States. The trustees (private electricity supply institutions) should be investigated in front of consumers or subscribers of electricity.The findings of this study indicate that the civil liability of electricity supplier institutions in Iran and the United States in the stages of production and transmission is considered as "sovereign actions" and the civil responsibility of electricity supplier institutions in the distribution stage among subscribers and consumers is considered as "operating actions". . Despite this commonality, comparative studies have been carried out indicating that the civil liability of the electricity supplier in the production phase is based on the Iranian legal system and based on "pure error" in the American .if the government, as If supplier fails due to lack of policies or lack of investment in electricity production or purchase and , it becomes eligible for civil liability, among the examples of civil liability of electricity supplier institutions in the distribution phase,
Scientific Research
family low
Mehdi Yousefi Sadeghloo
Abstract
The founders of sports clubs may sign contracts to meet their needs before forming the club, and these contracts are signed to the credit of the club, which has an independent personality from the managers and the parties to the contracts. As a result, the question arises, what is the nature of such ...
Read More
The founders of sports clubs may sign contracts to meet their needs before forming the club, and these contracts are signed to the credit of the club, which has an independent personality from the managers and the parties to the contracts. As a result, the question arises, what is the nature of such contracts from the point of view of contract law? Is the contract correct and has legal effects or not? In this article, considering the principle of good faith in contracts and while the sports club has not yet been established, the conclusion was reached that because the parties to the contract had good faith for the contracts and hence the fear of loss to the other party of the contract Due to the possibility of attributing the obligation and possible loss, there is a joint liability for the founders and the club, therefore, such contracts can be considered correct.
Scientific Research
Mohammad Karimi; Dawood Nassiran; MohammadReza Najafi; Majidreza Arabahmadi
Abstract
International commercial arbitration is without a doubt the most important method for resolving disputes in foreign trade. But why is arbitration more developed in foreign trade compared to referring to national courts and according to the economic law professors' view of the arbitration institution ...
Read More
International commercial arbitration is without a doubt the most important method for resolving disputes in foreign trade. But why is arbitration more developed in foreign trade compared to referring to national courts and according to the economic law professors' view of the arbitration institution as a commodity offered in the market of dispute resolution methods, with what motivations and how can arbitrators increase their market value in this market? The findings of this research show that in relation to the efficient management of disputes in foreign trade, although the relative advantages of arbitration compared to national courts have been emphasized for many decades, nevertheless, on the one hand, in order to attract as many users as possible in foreign trade, the approach of increasing the usefulness of national courts is considered and on the other hand, the events happening in the international commercial arbitration community show that only the analysis of the will of the arbitrators in issuing a award based on the criterion of "issuing a competent decision" cannot reflect all the facts in international commercial arbitration.
Scientific Research
family low
Farangis Mansoori
Abstract
The concept of child-friendly justice is the result of the development of the legal status of children under international human rights laws in recent decades; A concept that calls for a significant change in the way judicial systems interact with children. Child-friendly justice focuses on the effective ...
Read More
The concept of child-friendly justice is the result of the development of the legal status of children under international human rights laws in recent decades; A concept that calls for a significant change in the way judicial systems interact with children. Child-friendly justice focuses on the effective participation of children in justice systems. And it embraces the idea that the courts can be a powerful tool to positively impact children's lives, while recognizing the fact that contact with the legal system is often more a source of additional harm than a cure for children. . Drawing on international child rights obligations, Child-Friendly Justice introduces principles that empower children to exercise their rights and encourages public authorities, courts and law enforcement to develop policies that address the precarious situation of children in the justice system. . In general, child-friendly justice aims to recognize the child as a holder of rights rather than the child merely being the object of special care and protection due to his or her particular vulnerability.
Scientific Research
family low
Rouhollah Rezaei
Abstract
Disgorgement of benefits resulting from breach of contract is a severe remedy that is awarded in different legal systems in certain situations. Unlike compensatory damages, which focus on the damage caused to the promisee, this remedy is based on the interest of the party in breach and allows the promisee ...
Read More
Disgorgement of benefits resulting from breach of contract is a severe remedy that is awarded in different legal systems in certain situations. Unlike compensatory damages, which focus on the damage caused to the promisee, this remedy is based on the interest of the party in breach and allows the promisee to claim the benefits that the breaching party obtained through breach of contract. Due to the distance of this remedy from the compensation and closer to purposes such as deterrence and punishment, its application in normal situations of breach has not been accepted. This article tries to answer the question through descriptive-analytical method and comparative study, whether willful breach of contract can justify the award of this exceptional remedy? Willful breach of contract, which is the most severe type of breach of contract, has unique effects. One of the most important effects of this legal phenomenon, which is the hypothesis of this research, is that in cases of willful breach, the court can award the disgorgement of benefits resulting from the breach due to the seriousness of the promisor's fault. Examining the regulations and jurisprudence of the studied legal systems confirms the truth of this statement. The possibility of awarding of disgorgement of benefits for intentional breaches does not seem inconsistent with our jurisprudence and legal foundations.
Scientific Research
family low
Omolbanin Alahmoradi; Farhad Keramat
Abstract
One of the types of the condition of the act is the condition of abandoning the legal act, in which not performing a legal act is a condition in the contract. There is a difference of opinion about the enforceable guarantee of violation of the condition of the negative legal act. Some believe that the ...
Read More
One of the types of the condition of the act is the condition of abandoning the legal act, in which not performing a legal act is a condition in the contract. There is a difference of opinion about the enforceable guarantee of violation of the condition of the negative legal act. Some believe that the same effects of refusing the condition of the act What the legislator has stipulated in articles 237 to 239 of the law is also applied here, other ideas are the nullity or lack of penetration of the legal act which is the condition of leaving it. Regarding the enforcement guarantee of the violation of the condition of renunciation of the legal act in the marriage contract, such as the condition of no remarriage or the condition of no divorce, different opinions have been presented. , some others have chosen the theory of non-penetration or invalidity and each of them have put forward specific arguments. It seems that the theory of non-penetration of the legal act, which is the condition of leaving it, is better than other theories and has the ability to be justified, although the theory of the right of termination is not without merit.
)
