جستجوی مقالات مرتبط با کلیدواژه "economic analysis of law" در نشریات گروه "علوم سیاسی"

Creating the right legal framework for achieving scientific growth and technological development and thus enhancing the well-being of society. Modernization of the invention of the industrial design is one of the long and distinguished features of the invention of the industrial design which should be considered as a form and subject. Today, the requirement to be a newcomer is both challenging and painful when it comes to industrial property litigation and litigation in litigation and infringement litigation. In Iranian law, both in the field of law and in the field of industrial property and in the judicial process, the issue of the invention of a new invention is very challenging, as in a considerable number of cases, as soon as the holder of the patent claims against the infringer, Filing a petition against the patent holder for "revocation of the patent for being new". In this study, we seek to analyze the condition of being a new legal entity while conducting an economic analysis to find the best rules that reduce these problems and challenges, reduce transaction costs, increase and improve the number and ease of transactions, and thereby increase profitability and social benefits. Let's edit.

In iran''s legal system، transaction subject is divided to specified original، in specified place and general، in an adjective and logical division and sanctions of specific performance، termination and contractual responsibility is predicted for it. Many of authors directly has implied to inefficiency of present form of sanctions without objection to above mentioned executions and suggested some strategies in order to modify this procedure. In this research، it is explained that the present state of the above mentioned sanctions is the natural result of formal division of transaction subject. On this basis، it seems that on appropriate analysis of transaction subject and replacement of economical view is a solution of raising practical and economical difficulties of this way of sanctions. Economical analysis of transaction indicate that material originals have not «ends in themselves» in transactions، but the subject of transactor commitment is accomplishment of «expected contractual position» of obligee. This position which has various components has material value independently in present common and it could be accomplished in various ways such as mentioned material original in contract and it''s substitute، thus transaction subject in no way appointed in special material original and specific performance will be subjectively negated، the contract is also execuble in various ways and there is no reson for breach of contract and resorting to termination. Furthermore، since the obligee has no right for obligation of obligor، he is charged to behave conventionaly and supposedly he could prevent damage or it''s increase through performing of transaction subject he should behave conventionally، unless he is in charge and is deprived of this part of damage.

The role of legislative branch in the budgeting process varies in different countries. This difference sometimes is attributed to countries’ governmental structure. The constitution, which in fact is manifestation of political structure in all countries, determines structure and function of different branches and institutions. In the budgeting process, in turn, law has determined tasks and functions of different branches. Thus, legislative branches can be divided in three categories in term of their role in the budgeting process: (1) Parliaments of limited powers in the budgeting process; (2) Parliaments of unlimited powers in the budgeting process; and (3) Parliaments of the balancing powers in the budgeting process. Studying the Iranian Constitution shows that Iranian legislature can be categorized as a institution that have power to balance the budget. Thus, although Iranian Parliament has a general power to enact; according to articles 75 and 52 of Iranian Constitution, this power faces major limitations. First, called as general limitation, is necessity of consistency of statutory laws adopted by parliament with the Holy Shariah and the Constitution. Secondly, applied to budget, some limitations has been outlined in articles related to budget in the Constitution. Meanwhile, article 75 is of more importance, which is related to the principle of “balance in the budget”. In other words, the Majlis can not change public income and expenditure so that interrupts the Budget Act. The Guardian Council, in comparatively commenting on proposals by MPs, only is charged with ensuring the seeming compatibility of the legislation passed by the Majlis with the Constitution because it doesn’t have necessary economic means. Therefore, in many cases, it is unclear whether estimated resources are sufficient for paying for costs related to proposals - which if not, an imbalance within budget may follow.