PRIVATE LAW STUDIES
Year:2009 | Volume:38 | Issue:4|Papers Count:18

Due to entrance of global society to information technology age, the importance of protecting security, trade secrets and privacy have increased. In this paper, we discuss only about trade secrets crimes. These crimes are divided in two categories including offences against property and offences against security such as economic espionage. The base of study is comparison between Iran and Common Law.

according to the civil code, article 663 every action accomplished out of his authority by agents among them the governmental managers is ineffective. But operating this article with respect to governmental contracts especially those which concern to act of state (act jure empirii) Creates undesirable effects and make the people distrust to the government and spoil the rights of the persons of good faith and ignorance. this problem can be solved by resorting to principle of preference of the public interest in interpretation of the governmental contracts, the theory of apparent proxy, and unity of basis of the commercial code with respect of violation their authority by the directors of the commercial companies and consequently to treat these contracts as defective.

The problem of compensating victims of traffic accidents is certainly one of the most important problems of a civil liability system. On the other hand, liability insurance is the main financial safeguard for the payment of the compensation of these victims. The old Iranian law in this regard was passed on 1968. It had some merits and some inconveniences. It has been replaced by the new law of 2008. The aim of this article is to provide some comments and criticisms of this new law. In general the new law has taken an effective step toward a better compensation of victims by recognizing expressly the direct action of the victims, elaborating the sphere of third parties, permitting the intervention of the insurer in the criminal proceeding against tortfeasor, insuring the liability of any person who drives the vehicle (with or even without the permission of the owner), increasing the minimum liability of the insurer & the motor insurance Bureau, equal treatment of the victims (in spite of the unequal treatment of civil liability system), relative acceleration of the process of compensation , are some of advantages of the new law

Social security of Iran has passed different stages and today has entered the stages of organizational development and universal coverage. But this system, like other man-made systems, has inadequacies which must be rectified. In this article, legal system of Iran has been studied from legal point of view and necessary proposals have been presented in order to remove these defects: Main axis of discussions are as follows: Notion and content of the right to social security and it's governing principles like as universality, Comprehensiveness and equality and duty of the government in this regard; Examination of structures and organizations required to implement it; Discriminations, conflicts, overlaps and irrational rules and pathology of system of enacting the laws and regulation in Iran's social security system.

One of important conditions of capital is the condition to guarantee profit. With due attention of illegality of the free- interest and forbidding of the usury under the Islamic and Iranian law, It is necessary that; the legal status of this condition and it’s legal sanction to be considered It seems that, the condition to guarantee profit is a condition about the performance of act by which the guarantor promise to obtain the profit that they predetermined by mutual consent. The jurists of Islamic schools, although, believed that; pre-specification of investment profits in any form of partnership is not allowed but there is not any proof to nullify such condition since just as profit may be shared between two parties, the profit of one party may be pre-specified and it does not contradict any canonical text in the Qur’an and Sunnah. Consequently the condition, according to principle of conditions, is valid.

Human rights is included the obvious issues of contemporary age and it could alter the traditional concept of sovereignty in order to respond the changes which mankind is observed in life and prove the relative concept of sovereignty. Despite of paragraph 1 of article 2 of united nation charter about equality of governments sovereignty, for transformation of new world and its centralization on governments’ sovereignty human rights, it has been changed after second world war and sovereignty is not the bounded area of past times and is not included as the absolute power of each government. In this article the relation of sovereignty and human right is studied it is tried to respond questions in this relation such as: is there any opposition between government’s sovereignty and human right? Is human right a excuse for bounding or contravening of governments sovereignty? And other related issues are studied in this article.

One of the most controversial issues in international commercial arbitrations in the last two decades is enforcement of arbitral awards which have been annulled in their country/ies of issuance or in broader word in their country/ies of origin. Two contradictory opinions on the matter are based on two different approaches on territorial or extraterritorial effect of nullification of arbitral award by competent court. Considering the French court’s recent judgment on enforcement of arbitral award rendered in PT Putrabali Adyamulia v. Dena Holding case, despite its annulment in the country where it was made i.e. United Kingdom, author is interested in studying the theoretical and practical aspects of enforcement of nullified arbitral award in this article.

special standing of attorneys and judges have made all legal systems of the world pay particular attention to the exigency of the provision of an appropriate bed for suitable execution of their duties as well as the recognition of their privileges and immunity. Some theories like "Good Service", "The Validity of Judges and Attorneys' Personality" and "Exigency and Necessity of Duties" have been stipulated. Judge's independence guarantee, attorney's freedom in defending, special social situation and the lack of criminal intend (MENS REA) are some theoretical bases of the immunity of judges and attorneys. The opponents of judges and attorneys' immunity believe that such a privilege is in contradiction with the principal of persons equality against the Law, the person’s right of justice demanding and also in contradiction with Islamic rules. From our viewpoint, their reasons do not fade the necessity of such immunity. The fundamentals supporting the necessary of such a judicial immunity may differ in various legal systems. This article deals with the revision of judicial immunity of judges and attorneys in Iranian legal system.

The Exhaustion Doctrine permits a lawful purchaser of IPR item to use or resale & … that item in spite of the monopoly rights set forth in IPR Acts. The exhaustion of intellectual property rights is currently giving rise to a good number of questions which represent many challenges. The paper discuses that how exhaustion has been incorporated in legal systems and focuses on the new tension. The growth of digital technology, has changed the means of disseminating many types of works and, as a result, has undermined this doctrine, This is the question that how The doctrine will applied in digital network . Also, in many situations in biotechnology, the replication, or "making", of the organism or composition is an essential element in utilization but the doctrine says other things, thus how extensively this Doctrine will be applied in biotechnology. During the GATT TRIPS negotiations, there was extensive discussion of the exhaustion issue, but governments did not come close to agreeing upon exhaustion rules in WTO. They instead agreed that each WTO Member would be entitled to adopt its own exhaustion policy. However, this article analyses the legal challenges that there are in course the exhaustion of rights.

After the suppression era and dissemination of democracy, delimiting governments and guaranteeing public’s rights and liberties become the basis of codification of Constitutional Codes. In this respect, and according to principle of Rule of Law, the government obliged to do their determined obligations in law. The sanction of principle of Rule of Law is the responsibility of public representatives in respect of breach of law or non-performance of their obligations and their responsibilities in front of an impartial and independent jurisdiction. In Islamic Republic of Iran’s legal system, by accepting aforementioned principles and according to Article 173 of constitutional code, judicial overview is granted to the Administrative Justice Court. Establishment of Specialized Disputes which are in the attribution competence of Administrative Judicial Court, in addition to contradiction with Article 173 and the basis of judicial overview on administration, is contrary to Article 139, which requires special per-requisitions to reach to the conciliation about the dispute in respect of public and governmental assets.

The International Covenant on Economic, Social and Cultural Rights contains no provisions concerning complaint procedure. The Covenant’s emphasize on the progressive realization of economic, social and cultural rights had generated the idea that those categories of rights were, in principle, unjustifiable. The adoption of the Draft Optional Protocol to the International Covenant on Economic, Social and Cultural rights on 4 May 2008 has dispelled that idea. The said instrument by establishing a procedure for dealing with complaints concerning alleged violations of the Covenant constitutes a turning point in the protection of economic, social and cultural rights at the international level. The present article aims at exploring the content of the Draft Optional Protocol and examining the mechanisms set out there in.

White-collar criminals are those who abusing their official occupations commit profitable, nonviolent crimes. The most important manifestations of white collar crimes are: fraud, corruption (including bribery), employment offences, consumer offences, drug and food offences, environmental crimes, cyber crimes, and customs offences. Some manifestations of white collar crime have direct victims some do not have; nevertheless, all of them victimize community. Therefore, all members of community should be persuaded to cooperate in combating the crime and be duly protected by proper laws. In Iran most forms of white collar crime have been criminalized, nonetheless, in comparison to each other regarding their consequences for community, their punishments are not proportionate.

During the negotiations of representatives of different countries on the approval of the statute of the International Crime Court (ICC) there was great controversy not only on the definition of “the crime of aggression”, but also on the manner of making the ICC competent to have jurisdiction over this crime. Western countries, particularly the permanent members of the UN Security Council held that the duties related to keeping the peace and security of the world and determining any “act of aggression” were exclusively entrusted to the Security Council and insisted that the competence of the ICC in jurisdiction over “the crime of aggression” must be dependent on prior determination any “act of aggression” by the Security Council. This was of course unacceptable for most other countries who believed the competence of the Security Council in such matters was not exclusive. Some representatives referred to the competence of the UN General Assembly and believed that whenever the Security Council is reluctant or unable to determine any act of aggression, the ICC may ask the General Assembly to address the issue and determine if any act of aggression has occurred by the accused’s country. Another group relied on the capacity of the International court of Justice (ICJ) and said it was the competent authority to determine acts of aggression. There is however a third group the members of which believe the political responsibilities of the Security Council are quite different from the judicial character of the ICC and say that determination of an act of aggression by the ICC is the very essential condition for its independence in judicial proceeding and its efficiency.

In a unitary state, the decentralization consists to give the legal personality of the public law to the parts of the territory (village, city, province and region) will be liberally administrate. Therefore, the authorities of these units (the members of the councils) are elected by the people and they have their administration, attributions, budget and employees. In this paper, we examine the attributions of village and city’s council in France who is the model of the decentralization’s system and it has two hundred years experiences. In this research, whatever is related to study the attributions of these councils were classified subjectively. The attributions of the adoption of the budget, revenues, expenses of the councils were studied more because of its importance.

The main question in this article is: what is the philosophical kind of statements which refer to human rights? From an abstract point of view, the rights and the obligations, for example in the universal declaration of human rights, are founded upon which foundations? Our hypothesis is that to rely human rights on “nature” is a wrong reasoning but considered to be useful in practice. Human rights, in final analysis, cannot rely upon anything except some expedient consensus. The conventional theory of rights which is defended hears reduce the universality of human rights to the nature of human being with two aspects: common instinctive needs and rational approbations which will be promoted according to degree of instruction and welfare. This article is written in analytical method.

The Geneva Convention was first formulated in 1952 and amended in 1971. This convention was initiated by UNESCO and a number of countries including the USA and the former Soviet Union which were seluctant to join the Berne Convention overlooking apparent differences, the basic structure of the two conventions is similar. One difference though is the lower level of protection for the author’s rights in the Geneva Convention in comparison to the Berne Convention. Another difference is that unlike the Berne convention, The principle of the Authors rights in the Geneva convention is conditional to the acceptance of certain ceremonies. This convention is renowned as the universal convention because it was expected to be joined by all countries. In this convention rconventional rights, the principle of equality of foreign and domestic authors, and ceremonies and policies are all in favor of developing countries, though nothing has been mentioned about the moral rights of the author. In sum, the Geneva Gonvention has not proved to be as successful as it was initialy expected to be.

This book deals with the evolution of the sanctions policy of the Security Council arisen as a solution to the problem of disastrous effects of the comprehensive economic sanctions on the civilian populations of the target States. The study shows that the key for resolving the conflict arisen between the purposes of the Charter: maintenance of the peace and promoting respect for human rights, lies in the observance by the Council the rules and principles of the human rights and the international humanitarian law. The Extensive and serious objections directed against these sanctions led the Security Council to adopt a new policy called “targeted or smart sanctions” to resolve the problem. The book analyses different aspects of the traditional sanctions as well as the advantages and disadvantages of the new policy.