نشریه پژوهش های حقوق تطبیقی
سال بیست و یکم شماره 2 (پیاپی 96، تابستان 1396)

Today in legal system of some countries including Germany, constitutional rights (fundamental rights) affect contract law greatly. So content of contracts and rules of contract law should not contradict with constitutional rights. Right to life, freedom of speech, equality and freedom of labour are examples of the most important constitutional rights.
In legal system of these countries, effect of constitutional rights in contract law accomplishes through various methods. In accordance with direct horizontal effect method a claim or defense rises directly on the base of constitutional rights against the other party. In indirect horizontal effect although a claim or defense is on the base of rules of contract law but these rules interpret in light of constitutional rights. This manner divides to strong indirect horizontal effect and weak indirect horizontal effect. Apart from direct and indirect horizontal effect, according to a different method, constitutional rights address state, and state obliged to protect constitutional rights. This method called State duties to protect constitutional rights.
Also in Iranian legal system, constitutional rights affect contract law. So persons can not devest their constitutional rights by contracts.
In a summary of what has been proposed in this paper it can be said in Iranian contract law system, manner of effect of constitutional rights is strong indirect horizontal effect.

Labor law in almost every country is recognized as an independent branch of law. Its final goal which is summarized in protecting employees has made it distinct from other fields and required some special institutions. Therefore, there are some institutions in labor law which dont exist in other laws and codes. The suspension of contracts is one of them. In some special circumstances either employer or employee are able to suspend their obligations without terminating the whole contract. It is the time when the contract sustains but is suspended for some time. Reviewing different codes leads us to this conclusion that the labor code is not the first code which has invented this institution. In civil code we can detect some examples for suspension. Therefore, this article with a comparative point of view first defines suspension's concept in general rules and then in other codes such as labor code. eventually, the article introduces suspension as a general rule.

In this paper authors have tried to evaluate the necessity of enactment of Art. 44 of Patents Registration and Industrial Designs and Trademarks and tradenames 2007 i.e. quality control in trademark licenses.According to the article failure to perform quality control results in invalidation of trademark license.Philosophy behind this regulation would be trademark distinctiveness for consumers and importance of preventing confusion and misleading of consumers. According to our comparative study of different countries ”s legislations, despite majority ”s disagreement whit this kind of regulation, minorities ”s positions (like Iran and USA) is more reasonable and accurate as have been accepted by WIPO.This article ”s results show that the Art. 44 is an appropriate policy for Iran as a developing country. However this regulation should be amended especially in relation to merchandising trademark licenses, because in this kind of licenses, consumers usually do not expect quality control form trademark holder.Lastly authors, having in mind draft law of protecting industrial property, suggested appropriate article for protection of consumers and effective commitment of licensors to quality control .

“Written Modifications clause” is a one of the most common clauses in commercial contracts. It means that any amendment had to be in writing and be signed by both parties, and that it was not open to the parties to amend the Agreement orally.The purpose of the clause is to promote certainty and avoid false or frivolous claims of a contract and to preclude all variations which are not in accordance with the formalities required by the clause. There are two main meanings to the clause. The first meaning is to interpret the clause as a formal requirement to make an amendment binding. The second alternative is to interpret the clause as a mere presumption clause which the clause establishes a strong presumption that the contract is not intended to be varied unless it is done in writing. Each one of Contract parties may not object to different perform of another party or Some oral changes especially in Continuation Contract, but it does not be considered as a modification to that contract. The clause has been said to be effective as a first line of defense when the other party alleges that the contract has been varied orally or by conduct. Despite the clause, subsequent mutual agreement even oral, overrides the clause and effects oral modification. Under many Legal systems on the basis of Estoppel, the conduct of the parties even subsequent to the conclusion of the contract, good faith and fair dealing despite the clause oral modification is valid.

Due to the necessity of commercialization of inventions created in universities and research institutions and at the same time providing necessary incentive for inventors, determining the ownership of theses inventions has attracted the attention of policy makers of intellectual property law.
Theoretically, there are four main ownership structures: 1) University ownership model, 2) Inventor ownership model 3) Joint ownership of inventor and university model 4) No ownership and entrance to public domain.
In this paper, at first, we will briefly introduce these models and their application in practice. Then in order to provide a model consistent with the criteria of distributive justice, we explain three main criteria of justice. Then we investigate consistency of each model with three justice criteria. Finally due to the importance of determining the best person to commercialize the inventions, we propose a hybrid model of ownership titled "Initial ownership of university with ownership option of inventors ".

Digital assets include an individual‘s email accounts, personal webpages, blogs, social networking sites, documents, videos, or photo storage sites. Technological innovations will most likely expand this list in the future, and digital assets are becoming more economically valuable. As more and more use social media to share personal information, privacy Issues and growing digital assets become critical to the discussion about control over user accounts after their death .There are two primary theories offered as a means for protecting a deceased person’s online privacy. The first is rooted in contract law, while the second is rooted in property law. The contract theory relies on analyzing terms of service agreements that users accept to determine the scope of their posthumous privacy rights, while the property theory evaluates whether a deceased user’s digital assets may be treated similarly to “real property” after death. Although the formation of digital asset contracts may be valid, this Article has argued that the terms prohibiting transfer after death and ignoring the testamentary intent of a testator should be unenforceable as against public policy.

Legal systems occasionally strive to meet the needs of applicants who are seeking credit by creating security devices based on the type of property, type of debt and even the way the debt has been imposed upon which gives rise to complexities in the legal systems governing secured transactions and rendering them impractical and sometimes only one security device is introduced to fulfill all demands made by applicants throughout all sectors while this measure is taken with inclusiveness and flexibility. In this paper, the two mentioned approaches are called Pluralism and Unitarianism and by examining them in the two legal systems of the US and England, we’ve answered the question in the Iran’s law that whether with respect to the mortgage contract regulations in the Civil Code of Iran and other existing miscellaneous laws and rules, specifically in the banking field which is in a distance from the mortgage contract regulations, there are numerous means for collateralizing properties and hence the pluralism approach is dominant or whether all the subject matters are categorized under the same title and therefore the Unitarianism approach is dominant. The result is that in the United States legal system and within the framework of Article 9 UCC Unitarianism, and in the England system, with various devices of security, pluralism prevails. Mortgage contract is the only security device in our country’s legal system and all the regulations passed so far are in place to moderate the traditional rules governing this devices. Therefore, our country’s legal system’s position is Unitarianism. However, this state of Unitarianism is incomplete and limited and there should be created an inclusive and all-directional system for secured transactions by amending the existing regulations in order for optimizing the efficiency of the mentioned system.