JOURNAL OF LAW AND POLITICS
Year:2018 | Volume:14 | Issue:35 |Papers Count:9

Commerce and the gray market trade are formed when a company produces a product in addition to its parent company in several other countries. In other words, the market implies the distribution of branded products by unauthorized persons. The issue of gray markets is related to trade and import problems with respect to copyright and industrial rights. It is clear that gray markets have been created as a result of the use of industrial tax rights (as a branch of intellectual property rights), because the term gray markets relates to industrial property rights and, as a result, identifies specific principles and rights for industrial property owners such as Invention, industrial designs and trademarks. However, intellectual property rights can not be the only factor to prevent the import of unauthorized goods. In contrast to industrial property rights with gray markets, industrial property rights seem to have embraced the doctrine of deterioration and allowed the legality of gray markets. Of course, this doctrine varies from country to country, and some countries consider it legal and some are illegal. The need to protect industrial property rights requires that preventive measures be taken against gray markets that damage the basic principles of industrial property rights.

Procedural principles and rules of procedure along with formalities of procedure are contents of Civil procedure. Procedural principles which create the rules cause the basis of just proceeding. These rules provide preparations of observing principles. Neutrality of judge is one of the explained principles of public aspect of civil procedure and has a different meaning from principle of independence of judge, and causes some rules toward making the proceeding justly. The aim of this research is to get an understanding of neutrality of judge and monopolizing the rules resulted from it. The question is that what rules this principle causes in civil procedure. For answering this question, we should, at first, come to a proper understanding of the meaning and base of neutrality. In this regard, attempts have been done to restrain the rules issued from this principle through analyzing regulations and can be said as a result that neutrality of judge causes equal treatment with parties, public proceeding, justification of judgment and prevents judges from taking evidence. These rules guarantee the neutrality of judge during the trial and are course of the judge's actions during proceeding. Due to the necessity of efficiency of proceeding instead of fact-finding and termination of quarrel, judge actively cooperates with the parties with respect to a certain outline during the process of trial, but he is prevented from taking evidence to be neutral. In the same vein, legislatore has predicted requirements of equal treatment with parties in regulations. The basis of public proceeding is preservation of impatiality of judge by means of supervising the treatment and decisions of the judge. To cause the neutrality of judge be seen in his decision, his decision must be justified by means of documentation and reasoning, to be accepted as a judiciary decision of judge not a private decision.

Contract transfer, assignment of contractual position by transferor to the transferee causes the basic contract party to exit from preliminary legal relation and another person to be placed in the contractual position of transferor. In involuntary position transfer contrary to the voluntary transfer, all rights and obligations arising from main contract (excluding personal-related duties) are transferred without consent of one party to the other one so that upon exit of a person from basic contract, the transferee is placed to the main position and benefitting from all rights and advantages shall fulfill all duties and obligations arising from contract to the invariable party of the basic contract. In this from of transfer, the contract assignment is supposed when requirements are met so that in case of lack of each one of said requirements, involuntary transfer faces a serious obstacle and will not be possible.

In countries where punitive damage has been accepted widely such as England and the United States, punitive damage is defined as a certain amount of money which is enforced by the court besides any compensatory or nominal claims due to the misbehavior of any accused person. In other words, punitive damage is a type of compensation paid to the claimer due to the intended actions of the accused person or his evil will to cause any damage (intentional damaging). It is discussed that can we devise insurance for such intentional damages? Different countries treat such an issue in different ways. Some countries have accepted to cover such activities with insurance, but some others have completely rejected it. Of course those who defend such an issue believe that it should be so when the damage is completely financial. On the other hand, the opponents claim that punitive damage is a type of punishment and we cannot insure punishment because it is against the public disciplines. In the present study, we are going to assess the viewpoints posed above and clarify their advantages and disadvantages.

When the parties have not made an explicit or even implicit choice of law in their contracts, different legal systems have taken into account various criteria for determining the applicable law. However, it seems, these criteria are merely circumstantial evidence and adjudicative bodies and courts in addition to those criteria will also examine more objective and tangible factors that are involved in the contract. In this paper, it is tried to explain the importance and function of these factors in determining the applicable law. Keeping that explanation in mind, this paper will suggest most appropriate and closest factor for determining the applicable law in various circumstances. To this end, relevant rules regarding the choice of law in the Iranian legal system as well as the 1980 Rome Convention on the Law Applicable to Contractual Obligations are discussed by using analytical methods. As a result, it can be concluded that in each case after reviewing the above criteria, it is necessary to make distinction between objective and subjective criteria and to identify of key indicators such as the format of the contract, the place of signing the contract, the place of the implementation of the contract and so on in order to determine the law governing the contract. In conclusion it can be asserted that each of these indicators which has more significant relationship in the contract can be used to determine the applicable law. Obviously, each of these indicators may have different values. Therefore it is not possible to make a general rule and extend it to all forms of contracts without considering all relevant factors and circumstances.

Justice is a concept that human being have known since the beginning of the civilization and worked for its establishment. Lawyers have always been trying to provide appropriate solutions to accelerate proceedings and make justice possible in the shortest amount of time. In this regard, electronic procedure can be used to fix the prolongation of the proceedings, accelerate the court expedite current affairs, crime prevention and etc. Electronic procedure is a new method to solve the problems during the procedure in legal system and will help reach the law basic intentions i. e. justice and quick legal response. Due to the use of electronic procedures, time and place limitations have been reduced surprisingly. Lower judicial costs, respond acceleration, cohesion in judicial information system and official and judicial safety are the results of electronic procedures. In this study, the author aims at responding the ambiguities through reviewing the purposes, principles and characteristics of electronic procedurals.

One of the activities that has been considered for humankind since the beginning of access to outer space has been the exploitation and commercial use of the region. In terms of law and in accordance with the treaties on space, the outer space is a common heritage of humanity, and one of the basic principles governing this region is the principle of lack of ownership and private property. The inclusion of commercial incentives for space activities has led lawyers to extend the scope of state-run space treaties to commercial activities and the presence of private individuals in spatial activities. This also led lawyers to seek to define and redefine the concepts and principles of space law. However, the question raised is that: The outer space legal system and related treaties justify the exploitation and commercial activity of outer space and celestial objects by the private sector? The initial answer to this question, based on library studies and descriptive-analytic methods, is that: spatial regulation does not directly anticipate the commercial activity and exploitation by the private sector, but implicitly and with a number of limitations, this accepted the matter.