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

After coup d'etat of 1953 in Iran, Iran's relations with the United States entered a new phase and continued until the Shah's departure from Iran on 9th Jan. 1979, and perhaps shortly thereafter that. Meanwhile, many contracts were signed to commerce  military items between the two countries. But with the end of friendly relations between the two countries and the subsequent signature of Algiers Accords and the establishment of Iran-United States Claims Tribunal, allegations of breach of these contracts formed the basis for a case filed by Iran in the tribunal which is still pending. Given the lack of governing law in these contracts, it is important to determine their governing law which is subject to determination of their legal nature. Thus, this paper seeks to determine legal nature of arms and military equipment contracts between the United States and Iran by conducting analytical research. Given the five reasons as a strong sign of the existence of treaty elements in these contract, it can be concluded that the contracts in question are in fact treaty under the in the sense of Vienna Convention on the Law of treaties.

In today's world, fundamental human rights play a vital role in the field of contract law, so that the content of contracts must be consistent with these rights. The influence of fundamental human rights on the category of private contracts takes place in various direct and indirect ways. In the direct effect of fundamental human rights, it is directly effective in contractual relations. The problem with this method is that it violates the independence of private rights. The influence of fundamental human rights is shown indirectly through the interpretation of the rules of contract law; One of the advantages of this method is maintaining the independence of private law as a pure knowledge, which has been the focus of positivists or positivists. In this article, after explaining the concepts of human rights and fundamental human rights, the authors have pointed out the relationship between fundamental human rights and private rights, and finally, they have discussed the way of applying the rules of fundamental human rights to private contracts. The research method is descriptive and analytical.

To explaining the public-private partnership matter, we have to search about the answer of this questions: public-private partnership Is subject of what kind of legal contracts? private law? Administrate law? And what kind of Outstanding feature make it difference from other contracts.in order to finding the answer we Explained the concept of partnership, the definition of governmental contract, administrate contract and the relation between public-private partnership and civil law contract and administrate contract. Eventually the conclusion is that although public-private partnership as a result of the fact that publicity of the subject and contract parties has limitation but they aren’t independent of common rules of civil law contracts. Therefore, this contracts  even though aren’t Fixed contract but they has special feature, Medium for public contracts and private contracts