فهرست مطالب mahmood bagheri

In order to investigate the effect of planting date on germination characteristics and biochemical activity of seed in different quinoa genotypes, an experiment was conducted in the Research Laboratory of Seed Physiology and Biotechnology of the Faculty of Agricultural Sciences at University of Guilan in 2019. The experiment was performed as a split plot in the form of a Randomized Complete Block Design in three replications. The seeds of three genotypes T, R and Q29 were planted on six planting dates: 15 January, 15 February, 15 March, 15 February, 15 May and 15 June in the research farm of Karaj Seedling and Seed Breeding Research Institute. The harvested seeds from the treatments available in the field were transferred to the laboratory in order to investigate seed germination characteristics and vigour, and were measured germination percentage and rate, length and weight of the seedling, length and weight index of the seed vigour, electrical conductivity of the seed solution, and biochemical characteristics of soluble protein content, malondialdehyde content, alpha amylase, catalase and peroxidase enzyme activity. The interaction of two factors was significant on germination percentage, germination rate, number of abnormal seedlings, activity of alpha-amylase, catalase, peroxidase and superoxide dismutase enzymes, soluble protein content, malondialdehyde content and electrical conductivity of seed solution. The three planting dates of 15 January, 15 February, 15 March in Q29 genotype showed the highest percentage, germination rate, alpha-amylase enzyme activity and the highest number of abnormal seedlings.

Banking has always been one of the most important economic issues in any society, and today, due to the bank-oriented nature of our society's economy, the study of banking law issues has a special priority. One of the most challenging issues in this area is the phenomenon of bank entrepreneurship, which has attracted the attention of many media and experts. The purpose of this study is to legally study the process of separation of commercial banking and investment banking, as well as to examine the legal aspects of the phenomenon of bank entrepreneurship with a comparative approach and to examine the reasons for banks to move forward and to examine the Islamic position on this phenomenon. The author's research method in this research is descriptive-analytical, which has tried to study and analyze the subject by referring to books, articles, and interviews. Due to the economic conditions of society, bank entrepreneurship is an inescapable phenomenon and a way to preserve the existence of banks and their customers and also to prevent the spread of contagious risk to the country's banking system, which according to the definition of Islam is part of the nature of banking. Which must have a limit and not be unrestrained to cause harm to the country's economy.

With the emergence of the age of explosion of information and communication, all aspects of human life were affected by this. In such a way that the use of technology has become one of the inseparable parts of today's world. With the expansion of global trade, the need for advanced systems for monetary and financial exchanges was felt more. With the remarkable progress of information and communication technology, banking networks have decided to facilitate and develop their calls and orders regarding financial transactions by creating infrastructures based on information and communication technology. In this, financial messenger systems have been of special importance, because in fact, these systems are the main infrastructure of establishing communication between domestic and international banks. Also, these systems are used for large financial transactions such as issuing letters of credit and guarantees. The most famous international example of these systems is the SWIFT network, which is the most extensive financial messaging network where almost all banks in the world are in contact with each other through the infrastructure and language of this network. Due to the unique features that SWIFT has compared to other financial transfer networks and methods, it can be said that the monopoly of financial messaging networks is in the hands of this financial messaging network. This means that returning to bilateral methods or creating a parallel platform is impractical and uneconomical. On the other hand, in different systems, governments regulate regulations based on various motives, such as limiting the economic power of a company, securing the interests of a particular company, or even for political exploitation. One of the ways to achieve this goal, the public institutions regulating the sectoral regulations, in order to provide safe and continuous public services to the citizens, protect the rights of consumers and investors, and also use the order as much as possible in the way of the interaction of the players of the markets in question. The distinctive feature of the recognition of sector regulations should be considered as the monopoly of these regulations in the market and the constituent sectors. Therefore, it is considered the main inspection of non-competitive markets that the government enters this sector with the title of "regulator". That is, the government intervenes by using the policy of economic regulation and in the form of sectoral regulatory institutions, in order to, on the one hand, support the consumers by bringing the performance closer to the optimal conditions, and on the other hand, prevent the spread of inefficiency and economic anomalies. In this case, the purpose of sector regulatory institutions and economic regulation systems is to regulate the activities of natural monopolies, especially public benefit industries and services, to protect the interests of consumers and improve efficiency. Thus, by creating economic regulation systems, the government tries to simulate a competitive market in a way, and by imposing regulatory regulations, it forces the relevant monopolies to act like a competitive market. Natural monopoly and the creation of a banking messaging unit network for financial exchanges and transfers have led to a sharp reduction in transaction costs for banks. In other words, with the advancement of technology and the provision of suitable infrastructure for the communication and connection of all banks to each other, the creation of a platform and a single communication language made the use of traditional methods such as telex and two-by-two communication of each bank with the other bank eliminated. However, due to the fact that the control and supervision of SWIFT is in the hands of a minority of the member countries, this company has abused this position based on its economic interests and its influential members and can, based on unilateral contractual conditions, target the members of the minority. Deprived of their services this minority practically has no substitute. On the one hand, since the existence of a natural monopoly in a product and service excludes it from the supervision and control of the regulations of competition law, and since SWIFT, as a system that provides banking services, is a natural monopoly, and the creation of other networks for Financial transactions for banks have no relative advantage, so it seems that this monopoly network should be monitored and controlled through sectorial regulations. With regard to the above, this research by explaining the special features of banking financial messenger networks, emphasizing and relying on SWIFT features and the similarities of these features with natural monopoly industries; It is looking for a solution to set regulations to control and monitor this financial messenger network. First, by examining the structure and legal nature of SWIFT, it has acquainted with the mechanism of this financial messenger network and its relationship with banks, and by examining the role of information technology in creating a natural monopoly for monopoly networks and systems; it has to know the advantages and disadvantages of such a monopoly.

Quinoa, Chenopodium quinoa Willd, plays a strategic role in establishing food security under changing climatic conditions due to its nutritional value, genetic diversity, and high adaptability under stressful conditions and different environments. The purpose of this research was to evaluate the germination and biochemical characteristics of 12 quinoa genotypes adapted to the climatic conditions of Iran. This experiment was conducted in the form of the randomized complete blocks design with three replications in the Laboratory of Seed Physiology and Biotechnology, Faculty of Agricultural Sciences, Guilan University. In this experiment, the characteristics of germination percentage, germination rate, germination uniformity, D10, D50, D90, radicle fresh and dry, shoot and seedling weight, radicle, shoot, and seedling length, electrical conductivity of seed solution, malondialdehyde content, alpha-amylase enzyme activity and saponin content were investigated. The analysis of the data's variance demonstrated significant differences between genotypes in all studied traits. Q26 Genotype showed high values in germination percentage (91.33%), germination rate, radicle, shoot and seedling length, seedling fresh weight, alpha-amylase enzyme activity (0.234 micromoles released glucose per one gram of seed weight) and saponin content. Q26 genotype had the worst, and Q2 and Q12 genotypes had the best performance in terms of germination uniformity, electrical conductivity of seed solution and malondialdehyde content, respectively. Among the studied genotypes, the Q26 genotype demonstrated better results in comparison with other genotypes. It seems that this genotype may have better conditions for planting in the climatic conditions of Iran

Many believe that the International Finance Corporation (IFC) portfolio as a member of the World Bank Group, could make positive difference based on its standards in order to eliminate the extreme poverty and promote shared prosperity. However, a close examination of the evidences on this matter indicates otherwise. In this paper, the question whether the IFC is on the right track with regard to its investment policies and legal structure will be examined. In order to answer to this question, reference will be made to issues such as, IFC standards, IFC and human rights, legal constrains and limitations and project financing in the light of some specific projects carried out by the IFC. Since the IFC in fact, acts as a bridge and actually a hybrid place for financing between the private and public sectors, its performance in the private sector usually creates a profitable policy, this not only makes the corporation far from its intended goals but also creates tension in the financing path in order to generate revenue instead of achieving its goals. This issue turns away the IFC from the nature of an international organization and instead makes it act as a private investment bank. The article concludes that with regard to the IFC’s actual performance, it becomes clear that, the IFC has not fully and accurately complied with its required standards while this diverts the corporation from its original purpose, which must be reformed and monitored.

The article774 of the Civil law of Iran has annulled the pledge of debt and interest by specifying thenecessity of the property subject to mortgage to be the same. The article 772 of the Civil lawalsoconsiders the deliverance as a condition for thevalidity of the mortgage contract.Accordingly,the mortgage of debt and intangibleproperty is the matter of disputation. From another angle,the everincreasing expansion of needs requires the Iran’s mortgagerights related laws to change to be more efficient.We should be conscious to the main theme and core of issues and be cognizant toward the purpose of rights so as not to be mixed and confusedwith established subjectivities.While aligningwith the existing regulationsof developedcountries such asEngland and France,the expectations related tothe economyand tothe facts should also be answeredappropriately.Also,the abovementionedlaws should havethe flexibility to set the stage for a significant amountof assets to be subjected to mortgage.In this regard,in thisstudy,the authors aim at addressing the following issuesthe current situation of Iran’s mortgage rights byrelying on debt mortgages and deliverance andthe reasons for restrictions.Then,the development of the issue of mortgage in the outsideworld has beendiscussed by relying on the field of banking law,and it has also been pointed out that the concepts of lawunderwent changes with the rise ofNapoléon Bonaparte and the emergence of themodern government,as a result of which concepts such as possession and objectivity became less important.Also,a comparative comparisonwith countries such as France, England,America andEgypt has beenmade inorder to reach a proportionate economic approach,and finally a solution to solve the above problem has beensuggested.

It is assumed that financial markets by utilising private law instruments operate in a way which lead to equilibrium and efficiency based on distributive justice. However, in case financial markets deviate from this equilibrium and efficiency, there is a need to provide and implement economic law remedial solutions which, includes the utilisation of tax-subsidy policies that bring in favorable distributive outcomes. The present study uses library resources and descriptive analytical approach to analyze important tax-subsidy interventions in Iranian financial markets, explain appropriate normative framework for tax-subsidy intervention in financial markets and examine compliance of tax-subsidy interventions in Iranian financial markets with this normative framework. The authors believe that the most appropriate way to restore the efficiency and equilibrium of financial markets is to apply those tax-subsidy policies and regulations that are based on the Kaldor-Hicks formula of distributive justice; Derived from economic analysis of law. These interventions are designed in a way that if in short-term they bring in adverse effects for some groups, these groups will be compensated by the effect of wealth maximization in the long run.

Due to drought, water crisis and increasing soil salinity in Jiroft region in recent years, it seems necessary to cultivate alternative crops for the cold season with low water requirements, high economic efficiency and compatibility with the region and short growth period. Quinoa (Chenopodium quinoa Willd.) is a good choice for this due to its low water requirement and high salinity resistance. Therefore, this study aimed to investigate the protein and saponin contents as well as yield and yield components of quinoa genotypes during autumn and winter cultivation.

This experiment was performed as a split plot in the form of a randomized complete block design with 4 replications, in the research farm and laboratory of the Agricultural Research and Training Center and Natural Resources in the south of Kerman province in the two cropping years of 2018-2019. Planting date (autumn and winter) was the main factor and the genotypes Titicaca, Redcarina, Gza1, Q12, Q18, Q21, Q22, Q26, Q29, Q31 were the second factors. In this experiment, traits such as stem length, the length of growth period, seed protein and saponin contents, 1000-seed weight and grain yield were determined.

Combined analysis of variance of the data showed that the traits measured in this experiment (stem length, length of growth period, percentage of seed protein and saponin) were significantly affected by genotype, planting date and their interactions. Inflorescence length was only significantly affected by genotype. Stem length was very different in autumn and winter cultivation so that in autumn cultivation the highest stem length occurred in Q22 and Q12 genotypes but in winter cultivation the highest stem length was related to Q26 and Q29 genotypes. In all studied genotypes, the percentage of saponin and protein in autumn cultivation was less than winter cultivation, the range of changes in grain saponin and protein percentage was between 4.52 to 5.56 and 10.78-13.89 percent, respectively. Also, grain yield and 1000-seed weight of quinoa were significantly affected by genotype, planting date and their interactions. The range of grain yield changes varied between 1.91 (autumn cultivation treatment and GZA1 genotype) to 3.99 tons per hectare (autumn cultivation treatment Q12).

The results of this study also showed that it is possible to cultivate this crop twice a year in Jiroft region, provided that appropriate cultivars are used. Therefore, Q12 and Q31 cultivars are recommended for autumn cultivation while Q29 and Q26 cultivars are recommended for winter cultivation.

The global demand for electricity continues to grow, fueled by industrialization and urbanization in many parts of the world. At the same time, power generation is the largest single source of CO2 emissions and needs to be transformed fundamentally. While power generation has always been an asset-heavy industry, capital intensity is even higher for most renewable energy sources as compared to fossil fuel-based plants. Thus, policy makers worry about the availability and cost of capital for low-carbon power plants. A critical method for getting renewable energy infrastructure built is project finance that is designed to identify, allocate, and mitigate risks through project structuring and contracting. These techniques can be utilized to address risks specific to renewable projects. The project finance structures used for renewable energy projects must manage the complex risks. The aim of this paper is to comprehensively present current risks and risk management solutions of renewable energy projects to project finance.

Applying general bankruptcy rules to banks might cause many legal problems. Distinct characteristics of banks and their important role in the financial system makes many countries use the recovery institution in order to prevent the banks’ bankruptcy. The assessment of Iran regulations shows that any comprehensive laws of recovery have not ever legislated, hence it seems necessary to enact efficient laws in this regard. Due to the distinct social, economic, political, and legal characteristics of countries, it is not possible to provide a consistent model for recovery regulation in all countries. Moreover, translating and copying from other countries should not be utilized to formulate recovery regulations. Therefore, adoption of recovery institutions requires it to be completely analyzed and investigated.

Theoretical frame work:

This study on the one hand explains the concept of recovery and introduce the most common methods of recovery. On the other hand, it analyses the Iranian regulations in the field of bank recovery and reviews the practical recovery examples in Iran and evaluates their efficiency. Finally, by understanding the legal nature of each recovery method, the one with correct legal basis according to Iranian law (i.e. appropriate to be adopted in Iran) is determined. A legal model that is consistent with the legal principles of Iran is consequently proposed

This study attempts to answer the main questions of this research based on the analysis of the legal nature of the recovery. It investigates the possibility of adopting the recovery models in Iran by criticizing and comparing various statutes, regulations, and legal doctrines of different countries.

Bankruptcy is a judicial process that only considers the rights of creditors neglecting public benefit. Recovery, on the other hand, is an administrative process with the aim of allowing bank depositors to continue to meet their liquidity needs by accessing banking services. In addition, in this process, the bank's assets are managed in such a way that the value of the insolvent bank is maintained. In this paper, three widely used methods of bank recovery, which are mergers, purchase and assumption, and payments through the Deposit Guarantee are examined. Regarding the difference between the merger method and the purchase and assumption method, it should be noted that the latter involves the purchase of the insolvent bank’s assets and the acceptance of its liabilities, while in the former, the insolvent bank shares are sold and solvent Bank becomes the deputy director of the insolvent bank.  In addition, in the purchase and assumption method the legal personality of the insolvent bank does not disappear, but in the merger model, the legal personality of the insolvent bank disappears by merging with the solvent bank. On the other hand, the difference between the payments through the Deposit Guarantee Fund and the merger model is that the assignment of the bank commitment to the fund does not remove the contractual liability from the bank. This fact is in contrast to the merger method, which is based on the transfer of the contract. In the Deposit Guarantee Fund, the insolvent bank is still recognized as a party to the contract with depositors. However, in the merger method, the legal personality of the insolvent bank is completely reserved and the solvent Bank becomes its deputy. 

Conclusions & Suggestions:

In this paper a recovery model consistent with the legal principles of Iran is proposed. It is shown that the preparation of the Bank Recovery Law should not be merely an imitation and requires an analysis of the legal nature of recovery methods. The proposed model for Iran, through the mergers as well as purchase and assumption methods, is a bilateral legal act (contract). Similar to the legal systems of some other countries, namely, US, Switzerland and Canada, the permission of debtors and creditors of the bank is not part of the basic structure of the proposed recovery model. However, the imposition of this plan on creditors can only take place if the proposed recovery plan is perfectly appropriate and in the interests of the creditors. The proposed legal model, if payment is made through the Deposit Guarantee Fund, is inherently a contract that is made solely by the will of the Deposit Guarantee Fund. Thus, there is no need for the permission of the depositors and the insolvent bank, because the bank's permission is not a condition for its validity and only deprives the fund of referring to it. In the model, the central bank or deposit guarantee fund is considered as a supervisory authority over the banking system. This authority, based on the estimated costs and conditions of the insolvent bank, takes into account the order of priority i.e. mergers, purchase and assumption, and payments through the Deposit Guarantee Fund. It then applies the proposed model to prevent the bank from going bankrupt. The adoption of an inconsistent law of recovery from other countries, in addition to its social, economic and political effects, could confuse and frustrate the legal system. Therefore, the development of efficient regulations in accordance with the nature of the recovery methods based on the proposed approach is of great importance in the Iranian legal system. 

The banking secrecy system is designed to build trust in the bank-‎customer relationship to ensure that the customer's privacy is ‎protected. But in turn, the system can also be used as a means of ‎purification income from criminal activity and tax evasion. Thus, the ‎private interest of bank customers which is based on the ‎confidentiality of information on the one hand, and the public interest ‎on the prevention and detection of such crimes on the other hand, are ‎in conflict that is Described in the present study through a ‎descriptive-analytical approach, to address the challenge, pursuit of ‎the general interest of society should not be presumed to be a breach ‎of privacy in any case without authorization and should not be ‎arbitrarily violated. Therefore, only when the public interest prevails, ‎disclosure of confidential information is made on the basis of clear ‎and transparent law and, as the case may be.‎

With the adoption of the General Policy Implementation Law, Article 44 of the Constitution, the power generation sector (state power plants) has been recognized as a transferable activity to the private sector.Previously, the government exercised its sovereignty over the property With the start of the process of transferring ownership of power plants to the private sector, the issue of how to apply the Ministry of Energy's sovereignty over the private sector to generate electricity industry in order to ensure the continuation of reliable and sustainable electricity production became important.Because, in accordance with Article 44 of the Constitution, the government's responsibility to ensure a secure and sustainable electricity supply as one of the important infrastructures of public services remains strong, and the development of privatization does not interfere with this. Therefore, the implementation of privatization policies should be done by amending the relevant legal regulations in such a way that the exercise of sovereignty over the electricity generation sector after the implementation of privatization policies will not face any problems.Using the descriptive and analytical method, the present study first deals with the necessity of applying governance in the production sector of electricity industry and then by studying the current situation and examining and pathology of governance practices, the strategies of governance in the private sector of electricity industry production are examined. Provides corrective data and suggestions.

Main goal of this article is to study the concept of State Participation in Oil and Gas Projects. We tried to define the Concept, characteristics, reasoning and challenges around the phenomenon. State Participation as a way of cooperation between Host State(HS) and International Oil Companies(IOC), may be used as main contract or as a Term of Main Contract. Government reasoning for State Participation mainly focuses on taking Control and managerial tasks by the Government, achieve experience and expertise in operations and enhance in government take. Conflict of interest, problems in financing government’s share of Costs and political interference in operations are main challenges of State Participation. Meanwhile, State Participation has some benefits: helps IOC and HS to improve their relations and mutual understanding, National Oil Companies (NOC) can take risk and responsibility for operations, NOCs can achieve experience and expertise in the field also, managerial knowledge of IOCs will be transferred to the NOCs.

Central banks should act independently in regulating monetary, currency, credit policies, and not be subject to political and governmental influence, but must at the same time be accountable for their performance. Given that central banks are not part of the three branches of government, their accountability is challenging. Therefore, in the present paper, the concept of accountability of central bank is considered as one of the means of controlling and evaluating its performance. In this way, the concept and characteristics of accountability of central banks as well as mechanisms of accountability to executive, legislative and judicial branches of government are expressed and transparency of central bank is analyzed in response to accountability. Finally, a comparative review of accountability in Iran and the United States is being considered, and it is concluded that in the legal system of Iran, there is no mechanism for accountability of central bank and it lacks transparency.

Although clause 8 of article 1 of the Securities Market Act has been explained Over the Counter market and defined it to ”an electronic or non-electronic market which implements securities transactions on the basis of negotiations”, according to some changes in the rules and regulations of this section, including approval of Iranian Securities Market Act, The law for Development of New Financial Instruments and Institutions, The Fifth Development Plan Act and etc., it has undergone fundamental changes in performance and has gone away from its prevailing concept in countries with developed economy. Iran Fara Bourse Co. has been established on the basis of Securities and Exchange High Council’s license as the sole over the counter market in Iranian Capital Market, the organized structure of this company and procedure of its transactions, which is very similar to stock exchange, practically have led to a distancing of the Fara Bourse from the concept of OTC. This has led to the exclusion of Iranian Capital Market from benefits of OTC market, with significant legal defects. However, in US law, OTC market is completely different from the stock exchange from the variety of aspects, including how transactions are carried out, tax breaks, fees, and transaction brokers, thereby provides diverse investment opportunities for Capital market activists.

Un-organized capital market has existed for a long time; however, the Organized market has emerged in recent centuries. There are a lot of discussions about the extent of monitoring and control over the Un-organized capital market, particularly the market in which investors are referring to the public. In this research, we seek to explain the concept of un-organized capital market by identifying the features of its distinction with its corresponding entity (i.e. un-organized money market). Therefore, by conducting a comparative study under the U.S. law and the comprehensive examination of the un-organized capital market’s situation in Iran, it was found that in a general sense, over the counter market is consistent with un-organized capital market, and that there have been major changes to rules and regulation in this area. Iran Fara Bourse has been established on the basis of High Council and Securities and Exchange Organization’s license as the sole over the counter in Iran, but the organized structure of this company and procedure of its transactions, which is very similar to stock exchange, have particularly led to distinguishing the Fara Bourse from the concept of OTC. This has caused  the regulation of the unorganized capital market to encounter many problems.

After nearly three decades since the conclusion and implementation of Buyback contracts in the oil and gas industry in Iran, objections to this contract, particularly from the perspective of foreign investors has been revealed. Failure to allocate a share of the produced oil and gas to foreign investors and subsequently discussing possibility of reserve recognition, short terms of Buybacks and non participation of oil companies in production period, non admissibility of Buybacks fiscal system for foreign investors and the Iranian content are among many challenges which have been set forth by contractors. In order to solve such problems and attract expertise and financial resources to the Iranian oil and gas projects, a new petroleum contract has been introduced by Iran, the so-called Iranian Petroleum Contract (IPC). The present article will comparatively analyze Buyback and IPC in three aspects naming ownership, reservoir recognition and fiscal regime and will conclude that under IPC, the same as Buyback, ownership of petroleum in situ and produced oil and gas vest by the government. Also, IPC’s contractor, the same as the contractor under the Buyback, is able to recognize oil and gas reserves in accordance with the PRMS guideline, and its fiscal regime although in some areas has been improved, some objections can be raised.

In Iran’s legal system, insurable interest is a basic requirement of a valid insurance contract in which there is no considerable literature about it. Therefore, the present investigation considers the legal requirements of insurable interest with a comparative approach and also proceeds to assess these requirements. Thus, on the one hand, the obtaining rule of insurable interest in personal insurances and, on the other, the meaning of insurable interest in indemnity insurances have been studied. Also, due to the relationship between insurable interest and public policy and according to the articles (12) and (23) of Iran’s insurance law, the performance guarantee of lack of insurable interest has been discussed. Furthermore, by the legislative philosophy of insurable interest, the efficiency of this doctrine in reducing the risk of moral hazard has been mentioned. In the end, social desirability as the criterion consent of insured for life insurance, the scrapping insurable interest in liability insurances and insufficient efficacy of the insurable interest doctrine against the moral hazard risk are cited as the most important conclusions of this study.

The use of information technology in business has led to challenges in the rules governing jurisdiction and applicable law as, these rules are mainly based on the principle of physical approximation, while there is no physical space in the cyberspace, so how we can apply this principle to find out appropriate jurisdiction either law or court. Accordingly, this element of cyberspace has challenged the traditional legal rules of jurisdiction, which is based on place. This advent raised the question of whether legal actions in cyberspace can be regulated by traditional legal rules. In order to answer this question, we categorize rules governing on the determination of jurisdiction and applicable law according to their basis, and then fundamental bases of jurisdiction rules including mental factor and objective factor will be evaluated functionally.

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.

Securities transactions, like any other transactions, are primarily subject to contract law; however because, of government intervention in trading, these securities, by passing special legal regime called “securities regulations”,can not be considered as a subject of pure private law any longer (corrective justice) as they are also now in a sense under public law (distributive justice).
If we consider that conflict rules are only applied in private law cases and their application in public law cases has been, generally, prevented by legislators, a challenge for private international law is inevitable in cases that securities transactions place in the field of public law. So, if the court describes the case as a matter of private law, conflict rules can be applied, but if the judge describes the case as a matter of a public law, applying conflict rules is not permitted, and the courts usually apply their own countries, legal regimes.
In this article, we initially try to shed light on different legal regimes to the extent, which is related to the securities law including property law, contract law and securities regulations. Then we study the possibility of applying conflict rules in each legal regime.

Mudaraba is an old method of finance and trade. Comparative historical studies show that Mudaraba and a very similar European institution that appeared in 12th century first in Italy and then in all Europe i.e. Commenda, had a very important role in the history of trade; specially in maritime trade of middle ages. From 16th century it strted to lose gradually its importance and then replaced by corporation in Western trade, while at the same time there was no sign of such developement in Middle East and Islamic world. In this essay, we discuss the origin of Mudaraba, its importance in the history of trade, and the causes of its appearance and come down, understanding that the non-recognition of legal personality was the major obstacle of Islamic law to establish corporations.

United Nations Convention on the International Sale of Goods provide as default rules. Article 6 of convention gives right to change or dismiss the convention rule to the parties. Consequently, the parties can perform articles 66-70 of convention in several kinds, they can exclude perform some rules, or exclude their effects, in this situation party express their agreement. They can perform their agreement in regard to article 6 of convention, but the question is: where this amendment result is excluding all convention rules about risk, or exclude some rules effects?
When Party agreements amendment convention rule, they can agree that international custom (so incoterms rules) perform. The next problem is: if the party doesn’t expressly agreed about performance of incoterms rules; is it Possible to perform it as part of party’s contracts? In this article we consider the effects of party about substituting convention rule with incoterms rule and at the end clear that courts know incoterms as parts of agreement when party express or don’t express it.

 

Companies as a powerful economic entity have many stakeholders. The optimal situation of the company is the time that the stakeholders, interests are balanced and the welfare of all of them is achieved, but different factors such as the stakeholders’ risk-taking and self-interest prevent this equilibrium and create a conflict of interests. The conflicts may arise between the stakeholders of one group or between the stakeholders of different groups, and cause many problems like agency costs, distrust to company entity and inability to absorb the minority wealth.
This study relies on the library research findings and up-to-dated statistical data. The legal and economic analyses are the base of this paper.
The results imply that the Company Law tries to reduce the agency costs by giving supervision regulation and control tools to the stakeholders. Furthermore, it supports some stakeholders by granting right to the minority shareholders in several articles, and finally, includes all of the stakeholders under its support by setting out mandatory regulations; however, some of these provisions have not past efficiency in accordance with the circumstances of this decade.

Indemnity clause due to its importance and being applicable in industrial contracts, in specially oil and gas contracts have a significant role. According to researches, this clause was firstly incorporated in English marine merchant transportation contracts, which has been gradually recognized in England legal system and courts and other countries; legal systems. Because there is no adequate researche about the comparison of indemnity clause features in Common Law and Civil Law, specially Iran law (or Islamic law), it was necessary to study about.
Contractual terms do not always doesn’t explicitly imply an obligation to-the contract party, so there are some terms implying the discharge of-liability from one party and increasing the other party’s liabilities, the clause which is named indemnity clause, has created some disputes about this scope in judicial decisions. Because of this, negotiations on indemnity clause is so time consuming and controversial.