محمدتقی رفیعی

Taking into account the globalization of the economy and the interrelationship between the knowledge of law and economics, today we are witnessing the redefinition of historical economic concepts and standards with new criteria. Thus, in Iranian law, whose legislative system originates from Imamiyyah jurisprudence, attention to comparative studies is of special importance, which requires the dynamic of jurisprudence issues even more than before. In the meantime, endowment of securities as a subject is involved in some disagreements. However, despite the existence of some arguments in Imamiyyah jurisprudence, such as the non-identity of securities, the contradiction of benefiting from them with the survival of the subject, in this research, which is based on library information along with developed comparative reasoning, it has been determined that the Rationally, the non-limitation of the endowment conditions in the Shari'ah, and the reference to the generality of the proofs of authenticity, prove the possibility of this issue. In the meantime, it is also possible to justify the endowment of securities by referring to the economic principles of reliance cost and outcome-oriented and based on works such as the role of endowment in reducing inequality and its importance in productivity growth, from the point of view of economic rights.

In economic relations and financial law, trade secrets form an important part of the assets of the economic actors. Disclosure of the scientific information causes serious damages to the owners of such information. As maintaining the confidentiality of the reservoirs information and technical issues is one of the terms and conditions contemplated under upstream oil and gas contracts, some questions arise here as follows. How, for what duration and to what extent should the scope of the confidentiality of the contracts, keeping the confidentiality, conditions and obligations of the parties for confidentiality in this contracts be? Is confidentiality recognized as a legal principle or is simply considered as one of the terms and conditions envisaged under the trade contracts? To answer such questions, the present descriptive-analytical research examined the domestic laws and regulations, international documents and regulations as well as the upstream oil and gas contracts. Seemingly, the scope of confidentiality under Iranian regulations both covers the provisions under a contract, including the reservoirs information and the well drilling, within the framework of a contract.

America uses embargo not as a tool and method to apply pressure but as its foreign policy. The purpose of this article is to examine the effects of the pressure and control approach of the United States of America on Iran's oil and gas industry and its confrontation with the right to development, as well as trying to provide suggested solutions to deal with it in the international arena.
This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
The right to development belongs to all citizens, and the United States' approach to pressure and control over Iran's oil and gas industry violates the right to development in Iran. Governments are obliged to refrain from resorting to any type of action that contradicts international cooperation. Article 2 paragraph 4 of the United Nations Charter implicitly confirms this necessity. There is no doubt that international cooperation is one of the goals of the United Nations, and economic sanctions seriously threaten international cooperation and contradict the spirit of the new economic system that is being developed at the international level.
It is necessary to pursue appropriate legal measures in order to deal with unilateral US sanctions, which violate the right to development, through international legal forums.

One of the contracts frequently used in the oil and gas industry for project delivery is the Engineering, Procurement and Construction Management (EPCM) contract, which originated from mining. Under this agreement, the contractor acts as the employer's representative and provides professional services for the design process, management, and monitoring of construction contracts to ensure the project's quality, budget, and timing. The main issue and question surrounding this contract is the principle on which the contractor's professional liability can be established.As a contractor for professional services, the liabilities associated with implementing design and management, procurement management, and construction management are based on the "standards of care" principle employed by leading engineering firms operating under similar conditions and in the same profession. If applicable, the contractor will be held liable for professional faults. Given the nature of the contractor's professional service and in line with Iranian law, the contractor's design, procurement, and management obligations are binding under this principle.

In addition to the medical dimensions and the numerous social and economic effects that followed, the corona virus (Covid-19) pandemic also brought many issues from a legal point of view, including the non-fulfillment of contractual obligations, which is still a matter of discussion and opinion. The purpose of this article is to compare the legal nature of the non-fulfillment of contractual obligations due to the Corona pandemic in Iranian legal system and international documents.

This article has been written descriptively-analyticaly using library resources.

Ethical Considerations:

 This research has been done be observing ethical principles and trustworthiness in using the available sources.

The findings indicate that in Iranian law, under the conditions of non-execution of the contract, it is possible to resort to the rule of force majeure and hardship and Corona can be considered as an example of force majeure. In international documents such as Unidroit and the Convention on the International Sale of Goods, the possibility of non-fulfillment of contractual obligations due to the pandemic-corona is possible among the examples of the force majeure and can be explained in the form of theories such as hardship and the difficulty of contract implementation.

There is a great similarity between Iranian law and international documents regarding the non-fulfillment of contractual obligations due to the pandemic, although in international documents, force majeure and especially the difficulty of contract implementation have been more clearly addressed.

Please cite this article as:Marandi B, Rafiei MT. A Comparative Study of the Legal Nature of Non-Fulfillment of Contractual Obligations Due to the Corona Virus Pandemic in Iranian Legal System and International Documents. Medical Law Journal. 2023; 17(58): e27.

When a contract is not entered into the implementation stage or in the implementation of the work, it stops or does not comply with the contractual terms and conditions and the agreed specification is diverted, the magistrate at the beginning, the arrow is committed to understand and ask him about the breach of commitment and the cause of its deviation from the terms of the contract, so that one can predict his conviction from the beginning. In Iran's law, it is less attentive that the violation of the Treaty may be disabled for non-cooperation of the obligee, while the implementation of qualifier commitment may be on his cooperation. Where the obligee would have to deliver the project's location to establish a workshop, or the client will submit the principles of documents, information and witnesses ' names, or the disease that should be carried out by the doctor before the surgery, all the anath of the implementation of a commitment to the Obligee's cooperation. This cooperation can sometimes be defined as a verb, leaving the verb, submitting the goods or documents, providing services and information, resulting in a lack of cooperation, a contract with a challenge and a bug. Rationals and will logically and the implementation of the contract shall be subject to the obligee's cooperation, but the question is to mind whether this cooperation should be stipulated in the contract or a marriage is concluded or is considered as a contract of marriage and customary equipment. Unlike Iran's legal and judicial literature, the role of the obligee cooperation in European countries ' rights and European legal documents has been approved and various works have been predicted for his non-cooperation.  In this paper, in addition to the legal foundations of such a commitment, the various legal effects of its breach are investigated so that the sum of them can be explained most of the role of this cooperation.

One of the most important legal issues in the electricity supply chain is how to activate consumers who start producing electricity in the electricity market. At the time of writing, the presence and activity of electricity consumers in the Iranian electricity market has been very passive. Because their role as independent market participants has been flawed or not facilitated. How Blockchain technology can help customers in the lowest position in the electricity supply chain in Iran to have an active presence in the electricity sector as independent market participants? What legal and political consequences will follow the application of blockchain technology in the electricity industry in the country?

This research has studied the relevant sources and collected information by descriptive-analytical method.

Using emerging technologies such as Blockchain, which uses a peer-to-peer trading method, in addition to activating consumers in the electricity market, the idea of creating an electricity market with the presence of consumers can be pursued. Transactions are now facilitated by third parties, suppliers, and system operators whose primary task is to collect and centralize information about cargo and the production and contracting of supply and distribution services. Instead, blockchain technology provides new ways to organize decentralized people without the immediate need for an intermediary. The use of this technology requires legislative policy in order to validate these technologies, legislative policy in order to implement emerging technologies and implementation policy in order to install and use these technologies by executive agencies.

During the performance of Oil and Gas contracts, which are usually one of the longest investment contracts, there may be incidents in which the relations between the parties and the fulfillment of obligations, change and become unstable. In order to deal with the new situation, which may prevent the fulfillment of the obligation or make its performance difficult, various theories have been expressed, which we have examined under the heading of contractual excuses. Contractual excuses, which are also considered as an exception to the principle of the necessity of contracts, have been identified under different titles and chapters in international and regional instruments, and the effects and remedies of that will also differ on the contract. In this article, while emphasizing the difference between contractual excuses from the “stabilization clause” which is used in Oil and Gas contracts, by examining the practical procedure of arranging and inserting the excuses clauses in several examples of these contracts, the authors at first try to introduce the types of terms and after pointing out the defects of each one, they have mentioned the necessary cases of amending and changing these contracts in order to comply with international and regional instruments.

Reasonableness is the main principle in contract law,which, according to the characteristics of all kinds of rationality and custom,with the aim of contractual justice and with the guarantee of certain performances,assesses the real and objective conditions of the contract.This principle has wide legal implications in the legal systems of the world and must be observed in the formulation of law,conclusion, execution and interpretation of contracts.In many important international documents including the principles of European contract law and the domestic law of some countries,including the United States,Germany,Italy,it is explicitly recognized as one of the important principles of contract law that protects individuals in contractual relations.The economic efficiency of this principle is such that as a legal standard and tool it helps contractors who are trying to achieve contractual justice in the exercise of their rights,given the available economic and information resources.The effects of this principle are such that the parties,despite the principle of freedom of contract, can not ignore it.In Iranian contract law,Reasonableness as a legal principle has not been considered so far;While its legal grounds and sources,including Article 167,existed;and the use of this principle,especially in the interpretation of the legal rules of the contractual field,can create a fair basis in the qualitative method of legal citation and argument.Some findings indicate the possibility of modification and cancellation of the contract or its terms by appealing to the principle of reasonableness.Ultimately,the goal is to incorporate the principle of reasonableness into the general rules of Iranian contracts to aid the contractual justice process

In its most commonly used form, the restraint of trade clause is a contractual clause to the effect that one party avoids engaging in certain business activities for a specified time or in a specified geographical area in a way that serves the other party`s commercial interests. This clause, however, should not be in conflict with law of contracts, competition law, consumer law, and other relevant rules of law. The restraint of trade clause can moreover be viewed in the perspective of contractual terms and right to depriving oneself of rights. Examining relevant rules in Common Law systems, particularly the English and the American law, this article concludes that despite the great respect in these systems for the fundamental principles of freedom of will and contractual freedom, they do not uphold the restraint of trade clause, unless the restraint is minor, serves a legitimate, reasonable interest and is not against the public interests or any specific laws. This research has employed analytical, descriptive method and library materials.

It is generally accepted that the content of the contracts reflects the goals of contractor parties and with relying on contractual rules and mechanisms be performed accurately and completely to ensure the parties that their efforts for concluding the contract shall result in their mutual intention and interest. One of the most important contractual rules is co-operation rule that if be included in the contract might encourage or prevent the parties from doing some activities to make sure that the concluded contract shall work out. The problem might arise when this rule is not included or implied in the contract and even such unexpected events have happened that make it difficult for both parties to be bond to the concluded contract. Under these circumstances this essay by analyzing this rule under the important international documents including the CISG, PECL, DCFR, Islamic Fiqh and the Iranian legal system, has suggested the solutions such as contract management methods to maintain the oil & gas contacts performable and resolve the contractual conflicts.

Resolving the conflict of laws applicable to cultural heritage disputes is an important challenge in private international law. The cause of this challenge is, on the one hand, the preponderant role of cultural property in constituting of cultural and historical identity of nations, and the enormous profit of illicit trade of cultural properties on the other hand which leads to numerous disputes. In most of these claims, the lex rei sitae rule has been applied that normally leads to the issuance of unfair judgments. The negative effects of these decisions result in the question of determining the proper law governing cultural property claims. The theory of applying the lex originis rule to cultural property disputes is the theory which is accepted in this article. In order to prove this theory, this article is divided into two parts using a descriptive and analytical method at first, the lex rei situs rule will be studied and the application of this rule to cultural property claims will be examined by a critical perspective and then the alternative courses of action will be analyzed.

The theory of Economic Analysis of law, sometimes interpreted as the theory of Law and Economics, is one of the important theories about the relationship between Law and Economic that first exposed to discuss in the United States and then in other countries in the second half of the 20th century. According to this theory, increasing economic efficiency and maximizing wealth are the basis for evaluation and the aim of the law. One of the issues increasingly has attracted economists and lawyers' attention in the information economy is privacy. Although there are different definitions of privacy, all of them are related to the boundaries between the self and the others or in fact between private and public. In this article in order to determine the optimal level of government intervention and to present a definitive economic assessment of whether more or less, privacy protection is required, we compare the aggregate values of privacy protection and disclosure of personal data (lack of privacy protection) and the economic implications of them by analyzing diverse streams of theoretical on the economics of privacy as well as privacy tradeoffs for data holder, data subjects, and third parties.
 

The method for collecting information is a library method. We studied statutes, regulations, cases as well as articles and books about this topic. In this comparative study, the method of thinking is the descriptive-analytical method.
 

Chicago School's scholars believe privacy protection as the source of economic inefficiencies. The reasons for these inefficiencies also has expressed as follows: hiding information from other economic agents, increased transaction costs, hiding negative features, the difficulty of transaction risk analysis and fraud encouragement. It is also said that free information sharing leads to reduced market distortion, increased social welfare, and consumer interests from positive externalities of the second market. Finally, privacy protection depends on the valuation of the parties interested in certain data not on the regulatory protection of personal information. In criticizing this theory we can say that the assumptions of rational behavior (considering the current technologies) can't take into account the complexity of consumer's decision making. First of all, the consumer sometimes cannot predict the future effects of the current information sharing (for example, the negative externality of secondary market, price discrimination, utilization of data for unsolicited marketing and the other negative consumer externality that is not internalized by the firms). Second, at the time of choosing the short term benefits and the long term costs of information disclosure, the consumers do not act properly. Privacy also has a positive effect on welfare and efficient balance in source allocation. Moreover, in rejecting the theory of efficiency in the free flow of information we can say that such a system would be inefficient in the long term. Because information about an individual is never complete or accurate. If an individual has no control over the dissemination of her personal information, does not know what facts may determine a counterparty’s decision, and he can't correct errors in her record, that may lead to economically inefficient behavior by all parties to a transaction. Finally, people may not acquire privacy protection under standard market conditions due to poverty, transaction costs and other impedimenta.Disclosed personal information (the lack of privacy protection) has economic benefits and costs for three groups of people: data holders, data subjects and third parties. disclosed personal information can bring about economic benefits for data holders (for instance, efficiency gains, price discrimination, increased revenues through consumer tracking, improved services or its redesigning with respect to consumer behavior); data subjects (for instance, discounts, personalization, sales of personal information with prophetization approach, targeted offers, reducing junk and telemarketing and increasing the reliability of gathered data, price discrimination, the advantages of secondary markets) and third parties(for instance, improve  the experiences of third parties). At the same time, such disclosures can be costly for data holder (for instance, costs associated with data collection when consumers deem gathering method too intrusive or the costs associated with the use or misuse of collected data, such as privacy violations, the cost of informing consumers of a breach, termination of relationships with a company and reducing certain transactions because of fears of future privacy costs as well as costs associated with the act of collecting data such as the investments necessary to build Customer Relationship Management systems); data subject (for instance, the psychological costs including unpleasant feelings of being observed, Being afraid of invasion, the embarrassment due to disclosing data; identity theft; price discrimination; changing the balance of power between the data subject and the data holder; time costs including time spent deleting junk mail and even criminal charges) and third parties (for instance, disclosure of third parties' information and their privacy violations).Similarly, protected personal information (privacy protection) has benefits and costs for data holders and data subjects that are often in inverse ratio to the benefits and costs of disclosed data. Privacy protection can lead to economic benefits for data holders (for instance, limiting responsibilities, gaining competitive advantage by attracting consumers who value for privacy) and data subjects (for instance, reducing the expected costs of future identity theft, the benefits arising from the seller's lack of awareness of some personal information). Also, privacy protection may include costs for data holders (for instance, opportunity costs such as the loss of opportunities for increased efficiency as well as the costs associated with the act of protecting data such as investments necessary for data encryption) and data subject (for instance, cognitive costs associated with getting informed from breach and response to a breach disclosure, opportunity costs for not using data in useful individual and social aims, as well costs associated with the act of protecting data including costs of using privacy enhancing technologies).

Considering the analysis presented, it was concluded that the meaning and scope of privacy, its associated trade-offs and consumer's valuations of personal data are very diverse. Furthermore, the benefits and costs arising from the protection of privacy and personal data sharing would be different depending on different circumstances, conditions and assumptions. Finally, economic theory also shows that as much as the interruption of data flows can decrease aggregate welfare, the protection of privacy can increase it. So, it would be difficult to compare the aggregate values of privacy protection and personal data and to present a final and definitive economic assessment of whether more or less, privacy protection is required. Therefore, it seems that solving the privacy problem means to find a balance between privacy and information sharing that is for the benefits of data subjects and society. Evaluating privacy from an economic perspective can help us to find this balance. Additional research is needed to find a way of creating such a balance in this area.

By the virtue of the Jurisprudential Rule of Taslit (ownership and mastery of people over their properties), every owner has right to seize and exploit the property he owns except in the cases the law has excluded. (Article 30 of the civil code) Note 24 of article 55 of the Law for Municipalities is one of such exceptions by virtue of which establishing any enterprise in non-commercial districts is forbidden. In the ending section of this article is mentioned that establishing a law firm and such institutions by the owner is not considered as a commercial act. The content of this article specially the ending section has some ambiguities which have led to some problems in practice. Using a descriptive-analytical method, the authors try to answer the following question: does establishing law firm refer to founding a business enterprise by commercial purpose? They have studied the relationship of the act underwritten this article and the one above it. In the next step, the concept of any disagreement with the ending section of the article (owner bond) is investigated and it is proved that they are meaningless. In the proceeding, the concept and instances of the term “non-owner” which is in opposition to the bond term “owner” in the ending section is investigated which means returning the case to the “engineering office” or at least they consider the law-maker’s injunction on the law firm insufficient. In the concluding part of the paper, the judicial procedure and legal thoughts concerning the contents of the article by using basic jurisprudential principles and current regulation prove that law firm could not be considered as a trading office and the lawyer is not a merchant. Thus, establishing a law firm in a non-commercial property by the owner and tenant does not signify its being commercial.

Globalization is an undeniable fact; however regarding to its complex dimensions assessing the concept is greatly difficult. Having a boundless world has always been discussed in globalization, thus, any discussion on globalizing women's rights, which is associated with the culture, tradition and moral values of a society, is controversial and momentous. First, regarding the terminology of globalization, the concept of globalization will be clarified. Then, three approaches of traditional, reformational and religional modernists, which approach the globalization of women's rights differently, will be defined and examined. These approaches recognize the globalization of women's rights in a way to achieve the same rules, which are enshrined in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Of course, all these approaches have religious attitudes toward the discussion, and atheist opinions are not subject to this study. Finally, it seems that, in conformity with the viewpoint derived from the new religinal modernists’ perspective and the great concern of the reformative approach in respect of protecting religious values, new mechanisms can be designated, which are not harmful to religious foundations on one hand, and pave the way for globalizing women's rights on the other.

The rule of necessity to respect the principle of good faith in performance of the contract is the result of union rights and ethics. Good faith in performance of the contract with subjective and objective criteria and using cost-benefit analysis, wealth maximization, game theory, efficiency and welfare standards, leading to the achievement of the objectives set by the parties of contract. Lack of good faith, commitment to the agreement eliminates and reduces the economic efficiency of the contracting system, because a result of breach or non-engagement, increase litigation and costs, while internalize adherence to commitment based on ethics, not cost. Based on the criterion of maximizing the wealth, when the contract between parties, increases utility and bring wealth to its rightful place that cheating or abuse intention not used and the contract is implemented in full and in accordance with the desire and intention of the contractual parties.

Globalization is indeed a revolution which is inevitable and irreversible. Globalization transforms human geography and strongly enriches thoughts and attitudes of people by opening exquisite and innovative windows. This paper first explains the concept of globalization considering its historical genealogy and reflecting on its lexical meanings and definitions. Globalization is a multidimensional phenomenon and accordingly, affects multiple dimensions of our lives including economics, politics, culture and rights. Globalization has direct relationship with women’s issues such as their rate of participation in political and economic affairs and their level of education and these issues determine their interaction or confrontation with the globalization process. Therefore, giving a comprehensive report in this regard is essential. At the end it seems that social globalization enhances levels of civil liberties such as freedom of speech and protesting unequal opportunities, and it paves the way for social reforms and leads to the improvements in women’s rights. While economic globalization has some positive economic impacts such as improved wages, employment and financial independence, it does not significantly improve women’s civil liberties.

A non-performance of contract in due date is considered as an actual breach, has sanctions in order to securing interest of the injured party. Has foreseeable breach of contract - it is accepted today as an actual breach by different legal systems - the same sanctions of actual breach of contract? In this article suspension of performance of obligations by innocent party and, in some conditions, terminate of contract as sanctions of the foreseeable breach with comparative approach in the International Sale of Goods Convention -which its rules for the in question subject have accepted by different legal systems - and in the principles of International Commercial Contracts as well as Iranian Law, are examined. As the result of declaration of international different rules make an effort for amendment and completion the International Commercial Law of Iran.

The aim of this paper is to study the impact of social, cultural and economic capitals on success in public university entrance examination. In addition these three types of capital, the contribution of variables such as educational background, gender, educational major, and type of school are also measured. This is a survey study. The sample consists of 400 pre-university students in Isfahan in 2010 which were selected randomly based on the stratified cluster sampling method. Based on the results of logistic regression, social, economic, and cultural capitals are among significant predictors of participants’ success in public university entrance examination.

Family as an authentic social institution constantly possesses an especial place from among the establishments of law. Family Protection Bill recently suggested by the Judiciary and approved in meeting dated 03/04/1386 of ministers board has been analyzed in different directions by the lawyers and experts. The Article 23 of this bill which is of outstanding importance in the present study is examined with social-legal approach. In this Comparison the only condition of polygamy considered is the finding of financial ability of man for permission to next marriage by court. Also this bill has provided merely the condition of undertaking to perform justice among wives, which could be done superficially. Whereas, this condition lacks Islamic Jurisprudence basis as well as civil and criminal sanctions, in which the necessity of finding performance of justice as one of the fundamental conditions of polygamy has not been taken into consideration.