THE JUDICIARY’S LAW JOURNAL
Year:2011 | Volume:75 | Issue:75|Papers Count:8

Vertical agreements include those contracts which are entered into between the holders of the valuable commercial right like name, trademark and/or special process of production or distribution and another party in vertical line in order to cooperate in various commercial levels, and by virtue of which the first party shall grant the license of marketing, sale or other his economic activities to another party. These contracts have involved the most rate of agreements in commercial and economic exchanges and expansion of knowledge and technology, and all are established in a unified principles which one of them is the Goodwill Principle. This was admitted in international law in general and in international commercial law in particular. And, a vast rate of duties and tasks like trusteeship, good performance, accurate information, financial soundness, etc. were inflicted to the both parties of a vertical agreement. It is herein dealt with the effect of the goodwill on these agreements and outcomes resulting therefrom.

In modern law, the unconscionability of contracts has become a basis for vast intervention of government in contracts law. Upon this basis, some protective rules were legislated for protection of the consumers' rights and preventing misuse of stronger economic situations and anti-competitive actions. Although, the elements of contractual unconscionability are not as clear as it necessitates. These legal systems have pursued different approaches. The American Law has presented the general theory of the unconscionability of contracts. In some legal systems of European countries, the applicable and operative system has a special place in which precise and particular examples of the unconscionable contracts are considered. On the other hand, the Iranian law has not dealt with the elements of this case. Thus, studying various rules, one can merely achieve few of these examples. It is required for the Iranian legislator to take a certain position for stabilizing the concept of contractual unconscionability, determining the obvious regulations, elements and examples thereof.

The viewpoint of the most Imamieh jurists is that the Collateral must be a on real object and be handed to the mortgagee and the debt must be a fixed debt. Accordingly, they rescinded the mortgage of the debt & interest. This is the same standpoint prescribed by legislator in Iranian civil code. In the recent years, the credit transactions were increased, remarkably and the borrowing process for commercial activists were facilitated and following them, in some Act and regulations governing on bank affairs, contrary to civil Act order, the mortgage of cases not to be a real object like debt mortgage has been recognized. Irrespective of difference in standpoints among law authors in explanation and/or illustration of mortgage order, it seems that in view of the requirements of civil Act, the priority of mortgagee effects on such contracts such as debt mortgage can be recognized till it is not inconsistent with the rights of other creditors, otherwise in case of inconsistency, the priority of mortgagee in such mortgage in respect of other creditors is considered as cancelled.

The passing of oil and gas natural resources from marine delimitation lines and subscription of these resources among two or many countries and/or their establishments in zones without marine delimitation may cause to emerge the international disputes and peace and stability threat. Convention Law of the sea, 1982, asks the governments to temporarily apply the practical measures, if delimitation is not agreed with.Further, according to the principle of necessity of peaceful international disputes settlement, the governments should settle the aforesaid disputes, on the basis of the political or legal rituals. Though, the judicial precedent of the international court of justice and international arbitrations shall deal with the settlements of such disputes as to the delimitation, regarding the international judicial precedent, we conclude that the appropriate principle in operation of these resources is to cooperate among governments & avoidance of the unilateral actions.

The situational prevention as a one of the prevention methods, is applied to a set of measures for diminishing and omitting conditions and opportunities in the crime perpetration. One of the reasons for accepting such prevention is the inefficiency of the social prevention. Though, the process of the passing from the thought to the act is encountered some obstacles in such prevention, it does have the impediments and limitations which fades out its efficiency. In addition to human rights considerations, these limitations consist of: inflicting the expenses and applying the responsibility for injured parties, fearing the crime, also making the anxiety and fear in weak and disabled persons are resulted from the execution of approaches of the situational prevention. As well, the crime replacement, a matter which caused to change the culpable act in time, place and manner of perpetration and type of crime carried out, must be considered as one of the challenges.

The survey of the legislation developments in relation to trial and default judgement in Iranian law shows the variable aspects. The Iranian legislator, after elapsing many decades from enforcement of the first regulations of the civil procedure as to the default judgement, shall recognize two criteria of real notice to the defendant and the appeal ability from the default judgement as cases that the judgment is deemed verbally and the protest is impossible.These criteria became invalid after the victory of the Islamic revolution. In 2000, the legislator shall take into consideration the real notice as a case by which the judgement is regarded verbally. In Imamieh religious jurisprudence, despite prescription of hearing by default, the attendance or nonattendance of the defendant is considered as a basis for distinguishing the default or verbal judgement.In the present situation which the over cases are initiated in court of justice and affect the quality of hearing & judgements passed, it is necessary to restore that the appealable default judgements can not be protested. Such development is not inconsistent with the jurists' standpoint as to the compliance of the protest right of the absent losing party.

Nowadays, the non-governmental crew shall play an important role in national and international arenas. The geographical variety of the activity area and its different performances caused that the governmental crew can not be indifference in respect of the role of these new crew. NGOs shall play role in two modes of "Competitor" or "Colleague" of the governments. In subjects relating to human rights, these organizations shall act as competitor of governments, more. Whereas, in connection with issues like health, development and environment shall be regarded as colleague of governments, more. In Iranian law systems, the action role of these organizations as to the protection of the environment shall be undeniable. But, in reaction stage, there are many vacuums, yet. The suitable grounds should be provided for partnership of such crew in environmental litigation, actively. So that, they can achieve their appropriate place as a pseudo-public prosecutor in criminal proceedings.