فصلنامه پژوهش حقوق خصوصی
پیاپی 5 (زمستان 1392)

The term ''Folklore'' verbally means public and people's culture. Expressions or symbols of folklore include productions, works, creativity, believes and traditions of a group or a definite society which have been flourished and emerged via tangible or intangible ways, in the form of artistic (either performances or nonperformances) or literary works or in the form of indigenous knowledge (including medical, agricultural and environmental science) and natural and ecologic sources. These factors have always been the instrument of recognizing the communities and also have been the cultural, biological and historical identity of such societies. In this essay, along with the clarifying the concept and historical background of folklore expressions, three traits of folklore, including the oldness, belonging to a certain territory and collectivity, will be studied. However, in association with the identity of folklore, three theories are propounded, including ''sui generis'', '' exploitation right'' and ''property right'', in which collective property right is accepted and finally the abstractness of relationship between creators and owner against aspects of folklore is regarded as acceptable.

In very simple words، Economic Analysis of Law is an instrumental use of law in order to bring efficiency. In this regard، many aspects of legal thought and institutions may be evaluated according to their role in bringing economic efficiency to the society. In this essay، we will discuss the so-called Prescription as a legal institution. The most important questions which in this essay we are going to answer are: Is the economic analysis of prescription the same as evaluating advantages of prescription –which has a profound literature– or it is another concept? Is prescription an efficient policy to the economists or it is wholly or partly inefficient? By assuming that it is an efficient device، how should be its start، end، suspension، interruption and resume? This essay is divided into two topics of discourse: First، we will explain related key concepts. Then، in the last topic of discourse، the economic analysis of prescription as a matter of law will be rendered.

Numerous legal issues have raised due to the development of modern technologies of communication. In the context of contracts، this phenomenon had significant effects and caused the necessity of considering the application of issues of contracts in the context of cyberspace. The law of agency is one of these issues which its rules are going to be brought up in the context of electronic contracts through the present essay. The essay is also going to analyze the legal role of artificial mind، called ''electronic agent''، in the process of electronic contracts through interactive websites. It responds to this key question that whether the electronic agent is a merely a tool of communication between the parties or it has an independent legal personality، or its status is something else in this process. In this regard، first، contract law in Iran، Electronic Commerce Act (1382) and various doctrines about the analyzing the legal status of electronic agent are examined and criticized comparatively. Then، the Author’s opinion will be presented.

One of the controversial issues among lawyers in termination of obligation and its performance is legal nature of fulfillment of non-object of obligation. Although virtually all jurisprudents agree that this kind of fulfillment needs creditor and debtor''s consent، some merely describe it as an ownership contract and some others define it as novation as a kind of object changing. Determining the legal nature of paying the object which is different from the issue of obligation، does not merely have analytical and theoretical impacts، but involves the effects of the difference between sale and exchange، difference between sale and unspecified contract، difference between novation etc. Those are practical impacts of this discussion. In other words، the main aim of this debate is to deal with the question whether in an agreement such as novation، the guarantees of debt become abolished or for the sake of the contractual nature of it، some of the options will be applicable. The aim of this study therefore is to present such views along with a brief critical analysis.

In the late 1950s، some contracts were invented in the field of armaments sale which later their usages became common in sale of expensive hi-tech items such as satellite، submarine، military and commercial aircrafts. The purpose of the offset contract is to reduce stress and unpleasant economic or political consequences which are originated from macroeconomic costs spent for exporting the expensive items. In these contracts which are known under the title of “offsets”، “industrial partnership”، “industrial compensations”، the shopper -who usually is government - purchases the services and expensive industrial goods provided that series of remedial and reciprocal commitments are conducted by another party. The interaction between the purchase and remedial obligations، makes these formulas complex. In this essay، not only am I going to explain a short story، concepts، status of the offset contract in mutual trade، types of offset contracts، mutual and remedial exporter’s obligations، but also I am going to examine the nature and relation of such contracts under the title of complex contract while having a legal analysis approach.

Independent bank guarantee has been utilized since decades ago and is extensively common in internal relations. Independent bank guarantee، unlike letter of credit، has a guarantee nature. therefore، in most cases، it would be expired without any demand for payment. However، when the beneficiary decides to demand for the payment، the effects of the guarantee will be appeared more considerably. When there is a legal demand for the payment، the bank should pay the amount of the document. Understanding the rules governing the legal demand will lead the bank to avoid the payment، in cases where the requirements are not met. Also، it would enable the beneficiary to protect his rights through a legal demand. The present essay deals with details of a legal demand according to Iranian and French law، and with regard to international uniform rules on this matter.