مجله حقوق خصوصی
پیاپی 34 (بهار و تابستان 1398)

In the study of individual contracts, we face agreements that, if the promise is executed before the certain time or after the deadline or promisor perform it in a particular way, the consideration will be changed. The parties determinate the consideration of promise; but they stipulate if the obligation performs in agreed circumstances, the consideration will be increased or decreased. Iran civil code isn't talked generally about the validity of such agreements and just in some cases, like article 509, has affirmed some of these clauses are valid. The lawyers only have paid attention to these cases, but they are not unanimous in analyzing these cases. Some of them have analyzed them as indeterminable consideration ,and another have proclaimed them as a warranty or a liquidated damages; so they have presented the different analysis of nature and the validity of changing consideration clause. But the attention to the common will of the parties seems, and in general, there isn’t any reason for the voidness of such clauses in the Iranian legal system.

A great number of bilateral investment treaties including the treaties concluded by Iran, specify that in order to enjoy protection provided in the treaties investment should be made in accordance with internal law of host state. It is evident that nature, magnitude of breach and the subject matter of the laws which are likely to be violated by investors are not identical. The question which arise as to the issue in the light of case law of ICSID tribunals and object and purpose of investment treaties is whether hierarchical value and subject matter of internal law and regulation of host state have any impact on the evaluation of an investment legality. Analysis of the case-law developed on the issue shows that subject matter of internal law of host state has no bearing on the issue. On the other hand, nature, magnitude of breach and relevance of the law in accepting and establishment of investment in host state are relevant factors in evaluating legality of investment.

Analysis the legal nature of Company as an entity composed of contractual and institutional components, lead to the view that at least two persons are required to form any company in Iranian law. This approach was reflected in ‘definition of company’ too. Such an legal approach resulted in legal attitude that formation of a “single member company” is not permitted in current commercial law, While this type of company was operating for many years in America and European Union. The “single member company” could attract small capitals and investors and business men who for whatever reason are not ready to share a business with others. This article regarding to ‘Directive 89/667/EEC’ and its amendment ‘Directive 2009/102/EC’ of European Union analyzes the legal imperatives for adoption of ‘single member company’ in Iranian Legal system. Moreover, as we believe there are no theoretical or legal barriers to adoption of the company in Iranian legal system, we studied the legal field required for adoption of the company.The legal capacity of ‘maintenance of capital theory’ in this purpose and its relation with ‘limited liability theory’ and ‘piercing of the veil doctrine’ is to be considered.

Conflict of interests refers to a situation where a person is in a position that can choose between personal and public interests. Discrediting the benefits of direct influence is not without the judge's mental independence, lack of transparency, undermining the legitimacy of the judicial system. Therefore, the issue of conflict of interests is to one The main strategies of policy making and change have become.This article, after introducing the conflict of interests in the judicial system, evaluates the legal system of Iran in terms of global standards in this field. The findings of the article show that despite the fact that the legislator in Iran He recognized the importance of the issue of conflict of interests and tried to some extent prevent it In some cases, the rules of conflict of interest rules have not been taken into account and the judiciary has been subject to conflict of interests. Some legal systems in this area have more coherent rules and procedures that can be modeled and modified by the rules for the elimination of conflicts of interest Such as the disappearance of golden signatures,asset declarations are among the solutions that can be used to prevent and manage conflicts of interest.

Oil and gas well drilling requires the drilling unit and benefiting from the specialized services including well and logistic services. This goal is achieved through conclusion of drilling contracts. Beside the principal drilling contracts the ancillary contracts have been being concluded in form of partnership of clients and/or contractors in order to reduce the costs and access the operational targets more efficiently. The mentioned contracts have different types. Some of these contracts are based on prevalent concepts of partnership although all types of partnership contracts regarding drilling industry have the specific requirements and characteristics which are in accordance with this sector of oil and gas industry.

The loss of earning and pension is an important kind of damages in personal injuries which it,s assessment is difficult and depends on some parameters like: the kind of work, for example it is a simple or is uncertain, self employment, without job,… .also it is important we know the complainant is a child or housekeeper woman or an adult. Also we should pay attention to the subject of tax, pension contribution, sick pay, inflation,… . any way there are some ways to assess this damage. some countries use the Ogden tables and the others use theorem like USA.in both of them they try to concern all important elements like age, gender, the life time, work time and,… . specially about the losses for future these factors and ways are important to estimate the real damage