PRIVATE LAW STUDIES
Year:2012 | Volume:42 | Issue:1|Papers Count:17

Network marketing phenomenon in which mendacious mediators are eliminated, basically is a useful matter. But the companies so-called pyramidal schemes misuse this title. In this companies there isn’t any production, consumable goods and useful work and they just constitute the pyramids in which the money belongs to persons in lower level go into the pocket of company and few people who are in the apex of pyramid. These companies are divided into three groups: investment companies, product based companies and companies that offer no product.Every country which has a law about these schemes, recognize them a crime. Rational proof and multiple jurisprudential proof implicate that these activities are illegitimate.

The Intellectuality requires forcible consequences on the whole human activities. The International Legal and Judicial Humanitarian efforts don't this rule exclude. The Intellectuality teaches us that human individuals despite many differences with together, and the world of being and similar to her creator are closely linked. On the basis of intellectual worldview, humanist actors look at human and nature by heaven scene. This article tries to explain that the intellectuality not only fills law vacua, but also acts as guidance principle for international judges.

In the context of contract formation, an offer and acceptance may be expressed by means of data message. From legal point of view, a variety of fundamental issues must be addressed to insure that such contracts are legally valid and enforceable. This paper, with aim to investigate this issue, distinguishes between the agreement arise as a result of offer and acceptance and the agreement which should strictly comply with some formal requirements. To conclude, almost all transactions and contracts, including first group as mentioned above, can be done in electronic form, but the validity of second group depends on the type of formalities.

In this paper there has paid to ideas and evidences of Jurisprudents about imprisoning a husband who refuses to pay alimony to his wife.The verdict of those Sunni Jurisprudents that "if the husband is hard up he is only convicted to a discretionary imprisonment" is not correct because the verdict is both contradictory with the Verse of hard up "if a man is poor and hard up give him a respite until he becomes a rich man" (Surah the Cow, Verse 280) and it has paradox with some Narrations There are differences of opinions between scholars and Jurisprudents of both Shiites and Sunni on the proposed issue. All of ideas are classified into three Shiites groups and four Sunni groups and every one of them has analyzed thoroughly.

Where the debtor fails to perform the contract, he would have contractual liability. (this amount to contractual liability of the debtor) Can debtor have the right to ignore contractual liability and invoke for tortuous? Right to choose is definitely raised where non-performance of contract amounts to contractual liability as well as tortuous liability. Some confirm this right to choose and give the affected person right to choose the best basis in this regard and others consider this right against the parties' will.

Some legal systems recognize a general right to personality from which all concrete rights of personality flow or special laws about some of instances of this right has been adopted. Others have developed a wide ranging protection of personality rights on the basis of general delictual principles. Intermixture of intangible rights to personality and human rights arises this question whether for this reason the judicial nature of the former rights will be changed or they receive apart form delictual protection, vertical constitutional protection against the state. In this case another question is that whether human rights have only vertical effect and is no more than a negative restriction on the exercise of government power or they also have horizontal effect and it is enforceable against individuals. Concerning ambiguity and gap of laws and weakness of legal literature and case law in Iran's legal system, in this article French, Germany, England and American law have been compared with Iran's law and some proposals have been offered and conclusions have been drawn that have not only theoretical but also practical value.

If Several factors are causing the damage, discussion about the damage distribution and the share of each parts is one of the important issue in the law of civil liability. Law In the few cases has adopted different approaches, Legal doctrine provides different views and the difference is evident in the precedent. This is a controversial issue in the jurisprudence and should be review since the important effects related to operating causer, Lost and insurers, and finally will review the vote number 717-6/2/1390 General Board of the Supreme Court In creating the legal precedents. Jurisprudential and legal analysis in this regard and author's view is the goal to go ahead.

Stare decisis is one of traditional legal rules Common law to be considered. According to this rule, the judge of the judicial decisions of the Common law previous similar cases to use. This rule by some authorities such as the International Criminal Court to consider the implicit judgments about the observance of this rule before the verdict is so difficult. Finally, cautious and visionary in compliance with this rule may serve the unity and integrity of international law placed.

Since the inception of the UN human rights monitoring system, periodic reports have always been considered as the most common monitoring instrument. This was mainly due to the fact that the said mechanism was thought to be a non-aggressive one, as contrasted to the individual complaints which affect the sovereign rights of States. Over time, human rights monitoring bodies, including the Human Rights Committee, have attempted to increase the efficiency of the periodic reporting mechanism through various means. The present article studies the measures taken by the Human Rights Committee in recent years, particularly in 2009 and 2010, with a view to strengthening the reporting system.

There is no provision in the Statute and the Rules of the Court with respect to the standard of proof. Furthermore, the Court has not introduced any standard for proving the claims in many of its past factual-based cases. However, it is noticed that in order to establish somehow a predictable conduct in the field of fact-finding, the Court has enlighten aspects of this issue during the recent years. As it is elaborated through the jurisprudence of the Court no one could extract a unified a standard to establish the facts and claims in the proceedings before the Court and the standard depend on the subject of the case. It might be expressed that there is a direct relation between the subject of the case and the degree of proof, in a way that when the claim of applicant State is exceptional, a higher level of proof was needed.

The most of researches on detective goods have emphasis on tort law i.e. restitution, negligence liability, strict liability and … therefore, they have not pay attention to the right to replacement and the right to restitution of detective goods, however, the mentioned rights are more economical and prior to restitution, particularly, there is no damage related to detective goods. This article tries to consider the economic philosophy of right to replacement and right to retraction of detective goods and their position in Iranian Law from the view of economic analysis of law.

Only the parties may institute a proceeding. They may put an end to the latter prior to its extinction by virtue of the court's decision or by virtue of the law. This is the principle, but it has some limits and restrictions by influences of social concepts of civil justice and the aim of administration of Law. Then the Judge also has the same right exceptionally. Forms and Times Limits, Judge's power to directing the proceeding & finally ensuring the performance of good faith in civil proceeding have restricted our mentioned principle. We believe that all limits and restrictions can justify a theory which called The Cooperation of Parties and Judge Theory in Civil Proceeding.

Since the provisions of civil procedure rules are mandatory, the method and scope of enforcing those provisions are directly connected to the benefit of the parties. One of the factors which its enforcement is of a very material nature is speedy trial. Since its enforcement directly effects the benefits of claimant and defendant. This article seeks to consider the method and scope of enforcing speedy trial in Iran and England.

One of the important sections in the law of obligations is the legal nature of the transport of passenger by road, specially friendly transport that its repetition has been cause of the new views that have been presented by doctrine and jurisprudence. In the law of Iran, there is no cases on the friendly transport and the analyses of this problem depends to the examination of the professional transport that it is very complex and difficult, Because there is no judgment and no rule in the commercial and civil law. In this article the problem will be examined in the French and Iranian law.

Enaction of rules of international carriage of goods by sea have special importance due to its affects to owner of good and ship owner, due to countries pay major attention to this rules. competency of endorsee countries originated Hague rules in 1924 that its base of origin of internal law in abundant of countries. this rules modified in 1968that renowned Brussels rules. this rules is fair for shipowner countries. therefore United nations commission of international trade law enacted new rules in 1978 in Hamburg that renawnad Hamburg rules. codification of Hamburg rules was not satisfy needs of maritime transport in practice. on this reason United nations on December 11, 2008 adopted rules in Rotterdam. translation of articles of Rotterdam rules in this paper will be expressed.