جستجوی مقالات مرتبط با کلیدواژه « خسارات » در نشریات گروه « فقه و حقوق »

In the voyage charters to avoid delay in loading and unloading operations as a demurrage. A condition is included as demurrage, based on which the charterer undertakes to carry out loading and unloading operations within a specified period (lay time). The closest reference to demurrage in civil law should be considered as 'penalty clause'. In various legal systems there are various theories about the nature of demurrage; Including contractual penalties, complementary freights, damages that results in important results of each of these theories, and a detailed understanding of the nature of demurrage, helping to find demurrage rules, and determining the nature of demurrage is the source of important works, so it should not be considered as a theoretical issue. During the voyage, there are various damage to each of which are compensated for. In this article, while addressing various aspects of the matter, the nature of demurrage and types of marine damages will be discussed and investigated.

Mena Catastrophe alongside Yemen and Syria wars as one the most influential catastrophe of Islamic World , has made various concerns among Islamic jurists to take independent consideration to the all aspects of it. Meanwhile, the international responsibility of Saudi Arabia is important and the international responsibility of states for damages to foreigners in their territories can be considered as an appropriate mode of analysis of this responsibility. Due the adoption of minimum international standard of treatment , observance of requirements such as due diligence , the necessity of administrative transparency , respecting to the legitimate expectations of foreigners and fair and equitable treatment of host state alongside with accomplishment of fundamental principles of international human rights such as right to life and respecting for human dignity, it is concluded that Saudi Arabia international responsibility in Mena catastrophe is made due to the non-fulfillment of its international contractual obligations, failure to provide accurate information about the victims and desecrating their bodies , the delay in relief to Mena pilgrims and transferring their bodies and the lack of judicial prosecution of the Mena offenders and criminals.

In response to the requirement under article 27 of the Biosafety Protocol to the Convention on Biological Diversity, further work is needed in order to clarify a system of liability and redress. The Protocol charts out a new direction in the growth and development of modern biotechnology, some concerns raised about biotechnology, such as safe handling, use, and transfer of living Modified Organisms (LMOs). For LMOs intended for direct use as feed, food or processing, the developed countries are, at the beginning, obligated to put in place domestic regularity frameworks, while developing countries, including those with economies in transition, need only make decisions based or risk assessments. The question of legal system for liability and redress left upon to be decided in future. The main objective of this review is to analyze the adequacy and relevance of such regimes to liability and redress for damage caused by transboundary movement of LMOs, in order to achieve this goal, several points including risk assessments, obligations of the states and operators, export and import of LMOs will also be addressed. Iranian National Biosafety law will also be considered. Then in the light of this study, we will consider different interpretation of article 27 of Cartagena protocol, and at the end it is concluded that it would be better if the liability is based on polluter pays principle. As for as the duties and obligations of the parties are concerned, it is important to consider not exempting the states from liabilities. This is because most entities engaged in biotechnology activities are national agricultural research centers. The states are liable both according to national tort law as well as the international public law, for their illegal acts and non-forbidden acts which cause damage to the others. While we believe that it is possible and foreseeable to achieve a goal to adopt an international regime on liability and redress in the context of the Cartagena protocol, this research could pave the way for a legally binding instrument in international regime in the future.

The law of civil liabilities considers a wrong actionable at the suit of the party injured. It would be beneficial if one briefly examines the law of torts of another country in order to know how the other Legal systems (e.g. English) work. Where a claim is in tort, the parties are usually complete strangers to each other, so we might be one of the parties to that accident. Each system of law has its own method of dealing with the rights and duties of the parties. Tortuous liabilities arise from the breach of a duty primarily fixed by the applicable law, and are reversible by an action for an antiquated sum.This article will help us to have some information as to the rules and regulations of the English legal system about civil liabilities, which is certainly useful for the Iranian lawyers; this would be the case especially when this system of law is applicable.