فهرست مطالب morteza adel

Carriage of air cargo is done by air carriers (Airlines) in all countries. There are different rules and regulation in this field in order to regulate the relationship between the carrier and the cargo owner and to determine the liability of either side against the other in this relationship. This carriage is done either in domestic level and within the territory of a country, or in international level and from one country to another country. To accommodate this, the regulations are made for both levels of carriage i.e. domestic and international. This article is going to study the rules on the carriage of air cargo in international level and for this purpose a case on the subject and the decisions made by courts on it is studied in details. These decisions which were made between 2018 to 2020 are issued by two trial and appeal courts of Tehran province in Iran.

There is a rapid increase observed in the number of marriages between different nationalities. The validity of marriage either celebrated in the domiciliary state or abroad, between persons of different nationalities, must comply with certain formalities in order to ensure the legalization of marriage. The legal validity of international marriage in most national laws is subject to certain meritorious and formal conditions. The scope of these conditions varies considerably from one national law to another. Therefore, essential conditions of dual domicile of each party tend towards the invalidity of the marriage, because the domiciliary laws differ regarding the validity of a marriage. According to the general rule of private international law, it is firmly established in most national laws that the formal validity of marriage is governed by the law of the place of celebration (lex loci celebrationis). Although there is no exception to this proposition, due to differences in the national laws, some propositions are considered where the marriage is considered valid when is in conformity with the law of nationalities of the parties, like marriage in the Consular Office. Non-compliance with these forms according to the law of the place of celebration has its own consequences.

Nowadays, the increase in using the contracts in which one party has a stronger position against the weaker party provides the stronger party a possibility to insert some unfair terms in contract. In recent years, some countries have tried to enact some legislation to protect the weaker party against such terms.  This Article examines comparatively regulations on unfair contract terms in EU in order to consider its historical development, what an unfair contract term is and why the weaker party should be protected against such terms. General contract rules and some special protective Acts that have been adopted in recent years in Iranian law arises the question of how the protection of weaker party considers, especially consumers, against unfair contract terms. Our view is that although general rules and special acts, to some extent, protect the weaker party against unfair terms, it is necessary to enact new protective Acts for the purpose of full protection of consumers against these terms .

In every international claim, the governing law needs to be determined. To determine the governing law, special methods are usually used which become more important and complicated in the private international law. Intellectual property claims are not exempt from this procedure. However, in these claims, it is impossible to merely use conventional conflict of laws rules on properties to determine the governing law. Intellectual Property (IP) rights are considered as intangible property and for having such characteristics, it becomes more difficult to determine the governing laws in these claims. Creation of rights, transfer of rights, breach of rights and protection of rights in the IP law needs special rules for determining the governing law. In this research, it will be shown that along with the conventional rules of determining the governing laws in property claims,thereare other specific rules such as the lex originis, lex delictis, the national law of the creator and other laws that can be used in these cases, and it needs more expertise and knowledge of these rules to settle these cases.

Applying legal texts of other countries in order to develop our law is vital and as a result, translating such texts is important. A correct and scientific translation must be done in accordance with some rules and principles. These principles are divided into two categories: general principles and particular principles. We could say a translation based on these principles is a ((meaning-based)) translation, which is kind of an ideal translation. A law professional translator should not only have sufficient lingual knowledge in both source and target languages, but also have sufficient mastery over legal knowledge in order to translate the general and technical words based on their context and the intended meaning based on such principles.

In international construction contracts, in which huge financial, technical and human resources are needed, it is vital to solve all disputes at the site of project immediately. Dispute Adjudication Board (DAB) of the International Federation of Consulting Engineers or FIDIC which has been in use for a long time, particularly in the US, has remarkable success in avoiding prolonged arbitration or litigation. Board members are nominated by consensus at the time when the parties to the contract are focused on the agreement. They are independent with particular technical expertise appropriate to the contract. DAB is completely different from FIDIC’S old model construction contracts. DAB is close to arbitration and the enforcement of their decisions is almost similar. This is why legal evaluation of DAB’s decisions seems to be very important. There is no international convention for the enforcement of DAB decisions yet. However, finding ways to enforce them can accelerate the development of DAB in international contracts. Here the 1958 New York Convention as the most applicable and famous in the field of recognition and enforcement of arbitral awards can assist us in the procedure of evaluation and enforceability of those decisions. This article aims to study the development of DAB in one introduction, three main parts and a conclusion. Part One will show what a DAB is and discusses different kinds of DAB. Enforcement of DAB decisions will be looked at in Part Two. Finally, Part Three will review the possibility of applying the 1958 New York Convention to DAB decision. The Conclusion will follow with concluding remarks.

Today advertisement is an important part of all businesses. Using false information in these advertisements are always targeting consumers and rival traders. No doubt in these circumstances consumers need to be protected, however, it is not clear what kind of support and protection can be afforded for consumers and how they can be compensated? Can they terminate the contract, or they have to keep the goods and claim for compensation due to civil liability of the supplier? On the other hand, it is not clear what the liability of the media for propagating false advertisements is and how consumers can make claims against the producer of false advertisement and what compensations are available to the consumers from them? False advertisements may also be used against rival businesses as competing traders and make them lose their market. Here also the question is whether the rival trader has the right to claim compensation from people benefiting from the false advertisement for their losses?

In the first part of this article it was mentioned that nowadays in most countries consumer protection acts are approved, however, necessary and fundamental aspect of these legislations, i.e., determining the scope of their application have received less attention, both in legislations and in law books. It can be claimed that the precise determination of the ambit of these acts depends on three elements and concepts to be specified, that is, Consumer, Supplier and Consent to Consumption.The concept of consumer and its effective factors was completely debated in the first part of this article. In the current part, supplier and consumption consent will be dealt with coupled with some comparative studies. In the end, the conclusion of article will be rendered.

These days most countries enact comprehensive statutes incorporating regulations for consumer protection together with special rights and liabilities. Many of consumer law texts, unfortunately, are dedicated to explanation and interpretation of these acts and few embark on the description and interpretation of the necessary and substantial concepts in consumer protection, while these concepts determine the scope and limitation of the protection offered to consumers. Apart from economic factors, in legal aspect it can be said that the precise ambit of these acts depend on three elements and their interpretation, i. e., Consumer, Supplier and their Legal Relationship including Consent to Consumption. In this article, each of these elements will be considered with a comparative study. This study will help lawmakers for enacting a suitable and comprehensive act in the field of consumer protection. The present article is rendered in two parts: In the first part, in addition to the preface, the notion of Consumer and effective factors in it will be studied. In the second part, Supplier and consent to Consumption coupled with a brief conclusion will be presented.