Private Law
Year:2011 | Volume:7 | Issue:17|Papers Count:7

Party autonomy and parties freedom in choosing the governing law to non-contractual liabilities, when this litigation has accompanied with international elements, is one of the innovations European law during approval the Rome II regulation which facilitates the simultaneous and balanced access to certainty and flexibility as two conflicting interests, and is accordance with most recent theories about philosophy of civil responsibility. In addition, numerous economic justifications reinforce acceptance of this principle even in pre-event agreements, because of its beneficial impact to efficiency.In Iranian law, this principle can be deduced from some legal basics and rules of jurisprudence in limited conditions, in order to fill the existing vacuum in civil code.

The WTO is an international organization which arranges international commercial rules and disputes settlements. Increasingly joining of countries to the WTO and movement for freedom of commercial regime in industrial or developing countries are deniable testimonies for globalization. Gradual reduction of tariff and competition in exports and internal markets by their advantages have jeopardizes consequences for industries. These risks are unfair competition by Dumping and subsidized experts productions.In order to preventing this unfair competition, the organization decides to enact some rules i. e. Anti- dumping agreement of the WTO which is one of the commodities agreement of GATT 1994. This agreement contains measures for preventing unfair competition or facing emergency conditions which usually appointed with countries request in order to protect internal industries.In accordance with this agreement a product dumps when export price, in normal flow of commerce, is lower than production price. If the WTO members in research process obtain below instances, they can apply antidumping measures:Dumping takes place.Serious interruption in internal industry has occurred.Finding the communication between Dumping and interruption.Although agreement provisions have many affirmative, but it has blank in these points: Concept of Dumping, Export price, preventing fraud evasion, pointing out appeal time.

prosecutor's offices and special sprituality courts furthermore that have jurisdiction to investigate all crims and opposite dignity actions of priests, in the special cases have jurisdiction to investigate that civil claims opposite priests.Because of jurisdiction expansion these to investigate that different crims, civil claims and various individuals under liability and also rise and down this Organization in all activity years sine Start up to now and positive or negative reflexs between priests or lawyers it is unavoidable for most attention and knovledge to this special judgemental organization.The first foundation to investigate in all judgemental organizations is laws documentation but in the special cases and in secondary position, We can to refer religious source. this to be prior to law and in secondary Religious documenation in iran's law changes in the legal procedure of prosecutors office and special spirituality courts.At first time with converse rotation religious law documenation had priority and then in the future correction change to traverse relation and religious sources and acts for documenation priority had transverse.

The division of possession into a trustful and liable one is a mechanism from the legislator to define the responsibility of a person possesses the other's property. The possessor of the other's property is held responsible for the property itself and its benefits regardless of whether he has used it or not.Although a trust possessor is not responsible for damages caused to the trust property, his responsibility towards benefits depends on the agreement of the parties. In cases where the trust possession is converted into a liable possession because of defaults, the possessor will be responsible towards damages to the property and not liable towards the profits. The responsibility towards benefits depends on the consent of the parties and circumstances existing at the time of delivery of the property. For example, in borrowing contract, if the borrower makes any default regarding the property borrowed, he will be liable only for the property and not for the benefits, in contrast with an illegal seizer.

One of discussions about bill of exchange is whether its consideration (provision Fr.), that is the money which is or will be payable in a due date, is transferred to its holder. Acceptance or rejection of the transfer of consideration has many important consequences. There are various theories about the question among Iranian as well as other lawyers.Due to the similarities between the commercial institution of bill of exchange and the contract ofhavalah (assignment) in Islamic law, the article seeks to consider the question of the transfer of consideration in the Shiite jurisprudence, and to analyze the jurisprudential nature of bill of exchange and its consideration. As will be seen, the answer is deferent with reference to various forms of bill of exchange and its consideration.

The private area (Privacy) is a humanitarian issue and one of the concepts of developed lawful systems which is closely related to human dignity. Therefore, supporting and protecting the individuals' personalities and the citizens' rights requires protection of privacy, which leads to human signification. Privacy is not clearly and meaningfully supported, in Iranian law. Like the position of Islamic legal system, the position of Iranian legislation toward the privacy, is explicitly expressed. The rights and freedoms, under the title of privacy, are protected imperfectly, implicitly and in the context of other Iranian legal rules. The Islamic principles of Iranian legal system, the constitution, the Islamic Punishment Law. The Penal Code, the civil code, the laws and regulations for postal, telephone, communications, and the press code, are some of the laws and regulations that have protected some examples of privacy, sometimes implicitly explicitly of course. Contrary to the constitutions of those countries that protect the privacy explicitly and in the form of specific article (s), there is no specific text in Iranian Constitution that protects the privacy under the very same title.

The jointstock company as one of the most important commercial companies has advantages that distinguishs it from other ones. This paper wants to survey those in according to the current regulations and the new bylaw of Trade Act. It can be said that the require measure for the number of members and quantity of asset, portion of asset to stock, limitation of members liability to the nominal value of stock, possibility for free transfer and it is amounts to be a commercial company in the sake of its shape are distinguishing advantages of this company from the others. Comparing these advanteges in the current regulations and the new bylaw of Tarde Act may have different results.