فصلنامه مطالعات حقوق خصوصی
سال چهل و هفتم شماره 4 (زمستان 1396)

Allocation and share of Contractual liability is one of the important issues of contract law which consuming lots of time in negotiation area. According to the primary principle everybody is liable for its faults, but complicated contracts in oil and gas industry has passed this boundaries and by contractual terms transfer the liability to the other party or third party (insurance company)these levels of risk allocation which referred to indemnity and insurance clauses in contracts are mechanisms prevent project costs related to insurance and minimize the contractual controversies which may hold the project advancement. The interaction between indemnity and insurance and dependency of them makes to be analyzed together.

Undoubtedly Infertility is a social and family problem, and even may be considered as one of the causes of divorce. But, resort to immoral pregnancy ways for solving this problem, especially, from economical and commercial standpoints such as buying and selling of ovum, sperm and embryo and fertilizing to another account (surrogacy), not only is a more complicated social problem but also has many destructive consequences for many people, especially for children will be born ,identity and human dignity will be undermined. Domestic law and international organizations do not have a same view of the matter explained in this article. In our law, These pregnancy ways has been mentioned above, except for the items listed in the Act of embryo donation, are illegal so any contract due to conflict with public orders and morality must be voided and unauthorized.

The exhaustion doctrine is significantly effective in the domain of free trade and competition in markets. Among intellectual property rights are trademarks rights which, more than other branches of such rights, relate to market and trade. The Patents, Industrial Designs, and Trademarks Registration Act of 2007 refers to the exhaustion doctrine in the domain of trademarks. The exclusive rights established by the trademarks rights do benefit both the producer and the consumer. The converge of these rights, i.e. the rights of consumers and producers, makes it impossible to exhaust trademarks rights at all times because confusion and incorrect perception on the part of consumers can be an obstacle.

Electronic trade that has a lot of unevitable advantages, has faced lawyers with this challenge that how manage the relationships between trademans and banks rapidly and securely.the importance of this subject in electronic payments and specially electronic Lc es and in future years, bank payment obligation because of the more usage of them, in international trade relations ind notable financial values.is more.on this babsis, authors of this article, are trying to present and answer these questions that who are the relations between the parties of an electronic trade and a bank payment obligation, and are the relations between the electronic letters of credit change by enacting the new regulations of bank payment obligation(URBPO)?the hypothesis of the article is based on this fact that in accordance with the difference of usage of the two institutions letter of credit and bank payment obligation and the difference between the legal relations between them, each of them is specialized for a particular contracts and traders that are useful and used in their particular case and can not use interchangebley.

The World Trade Organization (WTO) is one of the most predominant organizations in regulating the international trade. The most important rules of the WTO on trade in services, are enunciated in the General Agreement on Trade in Services (GATS). All members’ legal systems must conform to the GATS and change laws and regulations that doesn’t correspond with it, including observers such as Iran who wish to become a main member through accession process. The main issue to be examined in this article would be the compatibility of the Islamic Banking Law that has arisen controversial questions about its compatibility with WTO’s legal system. Upon a comprehensive study of the GATS and The Islamic Banking Law, we conclude that the latter is in accordance with the GATS.

The possibility of transaction of future property is studied in this article. The purpose of doing this paper is studying of the bases of nullity of transaction of future property and designing of the general rule for these transactions, and we were encountered to this question that why the famous of jurists and lawyers knew as nullity transaction of future property, and how much the given arguments are valid and also in what cases it is possible to know truth the transaction of future property under a general rule. The result was that transaction of future property has known as nullity mainly because of some Jurisprudential exemplum (called Revayat in Islamic jurisprudence) and the forbidden of belonging of possession of nonexistent and its uncertainty, while there are also some Jurisprudential exemplum indicating the truth of transaction of future property. Moreover, prompt possession is not the inherent prerequisite of possessive contracts and possession takes place after the emersion of the subject of contract. In addition, transaction of future property is not uncertain and should be known as truth, if there is conjecture of creation of the property in the future according to the normal routine of affairs. Therefore, the existence of subject of contract meanwhile of conclusion is not of the main conditions and general rule and is necessary only in the cases which the mind basis of the parties is on the transaction of existent property.

Social life makes people's transactions inevitable. These transactions put people under debt as well as make them creditors. Therefore, people's belonging is not always pure and it always includes some debts. Sometimes, these debts are paid by the debtor's own will but in some cases, such as bankruptcy or death, liquidation doesnt take place willingly. In these cases, the insufficiency of debtor's belonging is either evident or probable so creditors may face with injustice. As a result, liquidation in these situations needs to be special. In this special liquidation, for maintaining equality among debtors, some specific measures such as the impartially of the liquidator and the unity of courts which carries on the whole procedure shall be taken into consideration. In this article, at first the concept of special liquidation is explained and then examples of it are counted. At last, its regulations are studied.

Wealth maximization is the prevailing conception of efficiency in current literature of economic approach to law. This conception which is proposed by Richard Posner, is used as a criterion for evaluating of legal rules. Posner claims that wealth maximization must be the purpose of law. This paper intends to examine the meaning of wealth maximization from Posner’s perspective and his defense of this concept in different phases of his thought. Moreover, I consider a few important criticisms of some scholars of this standard as to its conflict with moral values and individual basic rights. In the end, I reach to this conclusion that although wealth maximization doesn’t have an intrinsic value and cannot be the only goal pursued by law, it can be considered as one of the main objectives of law specially in private law. Wealth, on the other hand, is a necessary part of achieving many personal objectives and a vital element in protecting rights. Hence, legal system cannot ignore the effects of statutes on social wealth

If a third party or execution of judicial decisions and judgments issued by the courts, he could be detrimental to the rights of their protests notify the competent authority The basic difference in votes and protests against third-party claims administration will be different to hear a third party so that the main challenge in court the final judgment comes the court has handed down the verdict is submitted. The competent court to handle third objection executive, is controversial; some know and some say issuing court to the competent court of jurisdiction is the executor of the sentence. And some consider both the righteous. Jurisdiction of the court executor, the legal reasoning more. Some opinions issued by the Supreme Court and the provisions of Articles 26 and 142 of the Civil Law enforcement and legal doctrine, supporting the idea. And some consider both the righteous. Jurisdiction of the court executor, the legal reasoning more. Some opinions issued by the Supreme Court ,

Globalization of trade arises some controversial issues which should be considered in legal studies. This paper provides an overview of “international competition law”, as an intensive discussion which international trade encounters with. The spread of competition law around the world has been remarkable. But to initiate international competition law, as a comprehensive system, is unworkable. It can be safe to say that the main reason is the variety of approach about the competition law.
The importance of competition law in international trade relations is undeniable, but it is an insufficiently studied field. The article, after introducing characteristics, clusters the arenas and the sources of international competition law. The findings of the study confirm the necessity of harmonization and the importance of international co-operation by soft law. Given the difficulties of international collaboration this is a considerable achievement. The Prevalence of soft law asserts that there can be no doubt that states are no longer the only or most important actors in global law.