فهرست مطالب behnam ensafi azar

The right of lien in Iranian law has been explained by jurists, considering Article 377 of the Civil Code. This article is included in the submission of the contract of sale and the jurists mainly deal with this article only in the topic of the right of lien. However, attention to other regulations, jurisprudential analysis, and comparison with foreign laws demonstrate two types of liens can be identified in Iranian law: 1) equitable lien (in cases where there is a balance between the parties), 2) possessory lien (the legal right for a creditor to preserve the property of the debtor). This is while the review of the equitable lien in the works of legal writers did not leave room for an independent review of the lien of possession, even though this type of right of lien has been present in Iranian law since 1/6/1312 (1933) with the approval of the law on the debt of immigrants to guest houses and boarding houses. This article, through the descriptive-analytical method (library study), seeks to identify possessory lien as an independent institution in Iranian law with a comparative study.For this purpose, a comprehensive definition of the right of lien is provided in the present research: "The right of Lien is the legal right for a person that is settled in the property of others until the fulfillment of their debt and obligation." This definition, in addition to including various types of the right of lien by passing the traditional point of view, also opens the way for the use of other types of right of lien, including maritime lien, which is itself one of the type of the right of lien in possession, in Iranian law.

Although arbitration is a contractual method of dispute settlement but it has a judicial output. This output emerged from imposing the arbitrator's award on disputing parties. The entry of the arbitrator into the arbitration process requires the establishment of a contractual relationship between him and the parties to the dispute. The agreement which is concluded by the disputers to obligate the arbitrator to settle the dispute is called the "Arbitrator's Contract". This contract, which is considered less, at least in Iran's law, is the source of the arbitrator entry into the process of arbitration and his intervention in resolving the dispute. According to this contractual relationship arbitrator obligate to settle the dispute between disputers. In contrast, disputing parties also obligate to pay remuneration. The main practice of this research is to analyze the unknown relationship from the contract law perspective. An implicit assumption of the issue is twofold, firstly, men of parties in this pattern must be specified and then to check whether the issue and entity or the nature of that correlation can be applicable to the preset contract forms of civil law or it is a new separate design. Results from the analysis of relationship between arbiter and disputing parties reveals that at least three involved agents must meet the same state of mind on the case, which discusses unraveling issues in return of specified wage and finally this contract has its own nature and aspect.

Acceptance of international intellectual property treaties, such as; Paris, Bern, Washington, Rom and Trips by many countries can be considered as a means of international protection of intellectual property rights. The important of these principles are: national treatment, most-favored-nation, minimum wages, prohibition of unfair competition and prohibition of abuse of rights. Due to the effective role of these principles in interpreting the rules set forth in international treaties and determining the scope of international protection in intellectual property studies are important.

Method of studying is descriptive-analytical, based on the information of libraries and scientific sites.

Governments should join to the international treaties to protect their citizens' intellectual properties rights against other states. The result of these actions is the acceptance of the principles of the treaties, that leads to provide international support of the owners' rights of some intellectual properties.

 

This article respected of the intellectual property rights of the authors whose works have been exploited.

Considering the persistence, acceptance of the principles {National behavior, Most-favored-nation, Minimum wages, Prohibition of unfair competition and Prohibition of abuse of rights} by contracting states and the unity of the criterion of section 1 (1) of article 38 of the international court of justice in the Hague, the theory can be proposed to accept these principles by civilized nations such as the contracting states. The general principles of international intellectual property law are called.

Intellectual property rights infringement is wrong that has both civil and criminal aspects. In civil aspect it is followed by compensation and in criminal terms, it causes the imposition of punishment on the violator of the right. In the Iranian legal system, no clear nature is taken into account for this infringement and basically, studies as to it have not considered any significance for explaining the nature of the infringement. Whereas, investigating and explaining the nature of the infringement has important implications. Intellectual property rights infringement may be considered as loss the consequence of which is imposing an obligation to prove the damage caused for compensation. In the case of infringement of intellectual right, its proof is sometimes impossible and as a result the intellectual property right holder is deprived of compensation. Invoking the jurisprudential and legal rules of causation and unjust enrichment in these cases, for the same reason, not only does not provide a basis for the right to compensation, but also doubles the difficulty for the holder of the right to impose a guilty plea in the case of invoking the causation. Intellectual property infringement in Iran appears to be a "mere harmful act" and, therefore, infringement will not necessarily lead to compensation. This contradicts the motivational role of the intellectual property system. While, in the US legal system, by foreseeing the minimum assumed legal damages, ownability and the motivational role of these rights are confirmed in practice.

The establishment of the obligation to resolve a dispute by the arbitrator requires the declaration of his will and acceptance. The acceptance of this obligation by the arbitrator creates a contractual relationship between the arbitrator and the parties to dispute. From the view point of law of obligations this relationship includes some aspects which have been less considered at least in Iranian law due to some legal ambiguities. The present study by answering questions like: whether this contract is in the form of a mutual interest contract or a bare contract, whether an agreement is necessary or the parties can terminate it at any time, whether the contract with the arbitrator is a personal contract or it does not depend on the parties, and finally, whether this contractual relationship is among conditional contracts or a contingent contract, applies the library method to seek an analysis of some aspects of the contract with the arbitrator.