جستجوی مقالات مرتبط با کلیدواژه "allocation of risk" در نشریات گروه "فقه و حقوق"

Towing operations constitute an essential action in maritime transportation, resulting from the conclusion of a towing contract. Under such a contract, the towing vessel operator is obligated to provide towing services, while the towed vessel operator must pay compensation or remuneration in return. In cases where either party fails to fulfill their legal or contractual obligations, the resulting damages to the non-breaching party or third parties are protected under contractual remedies. Using a descriptive-analytical method and focusing on the common law system and model contracts, this article demonstrates that remedies can be invoked through consensual and non-consensual mechanisms. Parties may agree to compensate for contractual or legal breaches, a practice referred to as risk allocation. Among the most significant risk allocation clauses are vicarious liability clauses and mutual risk allocation clauses. In Iranian law, provisions such as Articles 10, 225, 232, and 233 of the Iranian Civil Code, along with model contracts and the customs and practices of towing operations, can effectively address the legislative silence in Iran concerning remedies for towing contracts.

One of the main functions of electronic banking is the transfer of funds as one of the most important means of payment, which is now widely popular for various reasons in the field of commerce. However, the fraud and the issuance of unauthorized payment orders has put the tool in jeopardy. The present article seeks to find an appropriate response to the unauthorized transaction risk allocation and to describe the responsibility of the parties to the transaction in the field of electronic banking, which will use an analytical, descriptive, and logical method to to doing comparative research in the legal system of Iran & US. The results of the research  shows that an unauthorized transaction is performed without the customer's actual or supposed appearance. Additionally, in cases where the transfer is based on the client's security policy, the customer is often assumed to be responsible. The objectives of risk allocation, including loss reduction, motivation, etc., provide a combination of possible risk allocation approaches so that, while accepting the bank's responsibility, limiting the limit for customer liability to prevent customer negligence in maintaining and maintaining access tools and hand codes To be found. The other results of this research are that Iran's legal system in this area is new, and there is a need for comprehensive regulation, and despite the fact that according to the rules of the principle is the responsibility of the bank, it is the responsibility of the customer's which emphasized in the judicial practice.

Iranian Civil Code has anticipated the risk of destruction of subject matter of transaction before delivery in the form of a default rule in Article 387 and introduces the transfer of risk of destruction as the result of delivery of subject matter of transaction. The default rule should economically reduce transaction costs and disclose information to reduce moral hazard. According to the legislator, the seller is responsible for the risk, since the seller can assign the risk with the lowest cost. This would be correct in most cases, but not always, and sometimes risk tolerance by the buyer seems more reasonable. This situation has convinced some authors to introduce the mentioned article as an irregularity and exception. Prediction of exceptions in this article will lead to further updating the provision. The parties should allocate the risk in a better manner. This study is intended to economically analyse the rule