فصلنامه مطالعات حقوق خصوصی
سال چهل و دوم شماره 2 (تابستان 1391)

Option of Defect is one of common options between sale and rent contracts, however, it has special rules and conditions in those contracts. In the sale contracts, any defect in the sold or bought thing causes the victim has option of defect but in the rent contracts, only the defect creates option of defect that causes hardship in using of goods or reducing of benefits. In the sale, defect of sold goods give the rescission right or taking compensation to the buyer, but in the rent contract, existence of defect in the goods give the rescission right to tenant and he has not the right for taking compensation. In this article, the special rules of option of defect in the Iranian and Islamic law has been discussed.

Solas Convention is the most comprehensive international convention relating to safety of human life at sea. Although detailed regulations of the convention, cover different aspects of marine safety, according to article 1, Paragraph (b) of the convention the contracting governments have undertaken to promulgate any national regulations to give the convention complete effect, so as to ensure that a ship is fit for the service for which, it is intended. with due attention to accession of the Government of Islamic Republic of Iran to the convention, the paper covers this subject and different matters which, the effective and exact application of the convention, requires national legislation for, are listed.

Legal fiction is an instrument for achieve to a "fair law" through "mechanical law" and cross from “what is” into “what should be”. Rigidify of rules of law must not be a pretext for being self-interest and irresponsibility. One who wants to kill his pain through agitating other peoples tranquility and prefers his intoxication to get what he wants, doesn’t deserve to equal to sleeper, minor and insane person under the pretext of lack of intention, and thus having right to escape from prosecution. Consequently, it is just at this point that the fair nature of law creates a new plan and forms the institution of "wanton negligence" in order to prove improbable matter of fact of action, “willful”. What has been brought in this essay is the quality and boundaries of comparison "wanton negligence" to "voluntary intoxication".

Competition is against monopoly and intellectual property creates monopoly for intellectual property owner. This article had been paid cooperation between apparently contradictory policies. Exhaustion, parallel imports, compulsory license, intellectual property exploitation contract that coincide with competition are methods of cooperation between intellectual property and competition law.

Police in Cases such as obvious or important offences, is authorized to Intervene, arrest, detain and investigate citizens. The current rules And regulations of our country have a passive role in Showing respect to dos and don’ts and exhibiting decorous And lawful behavior towards the arrested people. The Commitment treat people appropriately, the right to have a Lawyer, keep silent, consult a lawyer about law and get Informed about their rights, the recording of investigations, The right to know about the accusations, and declare their Arrest to their lawyer and family, the right to consult their Lawyer in private, the presence of impartial authorities in the Investigations, periodic reviews and revisions in order to Approve of the reasons for arresting and detaining people, The presence of duty and official (permanent) lawyers in the Police office and the right to compensate for any incurred Damage at this stage of trial procedure, are among the Indispensable factors of British judicial system. Iranian legal system is silent about above cited except in Communication of reasons of accusation.

Copyright is basics in development and therefore the authors have monopoly rights. But, the progress of Science is depended to modification& distribution of works. Now, copy left license is created and while a copyright generally enables a person to claim “all rights-reserved,” a copy left generally means “some – rights - reserved. There is the Shift from Copyright Licenses to Copy left Licenses. This article analyzes and highlight legal aspects about copy left.

Appeal to the supreme court is about final judgments. So the effect of this protest on execution of judgment is arguable. Article 386 of civil procedure code, explaining this matter, separated condemnation connected with property and that, not connected with property. Searching this subject and this article attention should be paid to matters like kind, target and amount of security, criterion and time of obtaining of security, quality of vindication of rights from security obtained and differences and similarities of connected and not connected with property judgments in this connection. This research deals with these affairs.

Bribery is one of the most important instances of corruption offenses. United Nations Convention against Corruption considered bribery of national public officials as the first instance, and called on state parties to establish it as criminal offense in their domestic laws. This offense considered as an offense against public tranquility makes the public lose its trust to government and public affairs undermined and persons who do not deserve advantages obtain them by misuse. In this paper the elements of this offense in domestic laws and United Nations Convention against corruption are studied and compared. Also the responses to this offense and legislative discrepancies in this area are identified and recommendations are presented.

Finally a specific act regarding contracts of the sale of future building ratified in Iran, in 89/5/24. This act necessitated getting license for announcement of sale of future, advertisement, ending the construction of the building foundation at the time of the contract, formal contract, specifying the fines for the delay in carrying out the commitments of transferring the gradual possession the building to future buyer, in possibility of selling and arresting of apartment, having the right to ask for the current price of the building in cases which the buyer terminate the contract, or in the case of reduction of meters in the contract, and sometimes the possibility of completing the construction by the buyer, and regulation the formal document by him, absolute responsibility for damages of the building problems, generally it is an act in support of the buyer and prevents a lot of fraud and abuse and clarifies some controversial issues.

This study intends to prove the issue of "whatever is verified by reason is accepted by religion". Every rational argument consists of two premises: the minor one and the major one. Therefore, firstly, we are going to confirm the minor premise that is the intellectual admiration and condemnation. Following this, the major premise which is the correlation between reason and religious commandment will be discussed. Finally, the position of reason in Iran and Islamic system of rules and its concretizations are going to be examined.Consequently, the discussed issues in this article includes proving the intellectual admiration and condemnation, confirming the correlation between religious commandment and reason, and talking through the position of reason in Iran and Islamic system of rules and its concretizations.

Article 905 & 949 of Iran civil code says that: if there is no inheritor other than husband, he takes all inheritance; but according to article 949: if a wife is sole heir, she takes her portion, that is one fourth, and the reminder will be regarded heirless and encountered according to article 866. This discrimination between wife and husband is based on the famous opinion of Shiite jurisprudents. They say that the reminder of portion of sole husband, will be restored to himself; but the reminder of portion of sole wife will be given to Imam. Article 949 seeks to follow this opinion and approves this discrimination, but says that the reminder of portion of wife is heirless and will be given to treasury. The present paper is intended to provide an analysis of this reputation and explain whether the legislator has enacted all of the opinion or a part of it.

In sale of goods, the delivered goods must conform both to what is the subject of contract and to what the parties intend. Conformity of goods has two aspects: legal and material. The legal aspect, with which this article concerns, consist of such topics as right of sale, ownership of seller, lack of third party’s claim and so on. Since domestic and international transactions are increasing, the study of the concept and criteria of conformity of goods and its sanctions is inevitable. The present article seeks to consider the approach of domestic legal systems and CISG in these cases and compare their solutions.

The states as agents or intermediates or communicators between nations, and because of defending of the benefits of their nations under sovereignty, manage their nations’ political destinies in several cases. This administration that has concentrated in the state acts can be named as "foreign policy". The foreign policy of every country is founded on some principles and these principles are originated of particular origins that are accepted by the state. In the study of Islamic Republic of Iran constitution, we can announce the principles of foreign policy as: taking care of independency and land integrity, negation of another countries’ sovereignty, protection of Muslims in the world, revival of Islamic Ummah, protection of deprived people, protection of refugees, and joint relations with states non combatant.Without any doubt, all this principles are originated of Islamic beliefs; so to comment these principles and translate them, it is necessary to study their religious origins.

In state-investor dispute, investor tends that umbrella clause transfers all contractual claims to treaty claims. By contracts, state follows narrow interpretation of this clause. Up to ILC articles, establishing of responsibility of state for breach of contract requires tow preconditions. First state is merely responsible when state condoct has been of governmental nature and second is that breach of contract leads to violation of treaty.

Some legal systems such as the French system have provided some special forms for the contracts concerning the exploitation of the literary and artistic rights and also they have specified the rules and obligations concerning these contracts. The publication contract is of particular importance among other contracts. In the Iranian legal system, in spite of the recognition of literary and artistic rights and the intentional transfer of the pecuniary rights of the author, there are not special rules concerning the mentioned contracts and the relevant legal literature is not so reach in the field. The French legal system has provided some special rights and obligations that are proportional to the nature of the literary and artistic rights and the question is that whether such rights and obligations are acceptable in the Iranian legal system. On the basis of the findings of this research, some of those special rights and obligations are acceptable under the general rules of Iranian legal system and some of them can be recognized if they entered into the mutual consent.

Case law and Doctrine are, no¬ doubt, of immune importance and impact in developing law in every country, especially where they complete each other. Yet, In Iran they are often not used as a complement to each other particularly in the field of copyright. This paper seeks to connect these two. To this end, It will review Judgments given by the Ahwaz ordinary public court and the Appeal court of the Khuzestan province. The facts of the case and the Judgments will be explained first. Then arguments of the parties and the responses given by the courts and their Judgments will be evaluated in the light of the copyright principles.