Private Law
Year:2018 | Volume:14 | Issue:2 |Papers Count:9

Under cumulativeness of contractual remedies, if such remedies integrate with each other to compensate for the damages caused to the obligee, should allow legal provisions them to simultaneously execute his. Of course, according to specific performance obligor bound enforcement to obligation and primacy termination of contracts and payment of damages should be accepted on an exceptional rule and Primary cumulate may not among these remedies. So, is a direct relationship between these institutions by applying each of them does not implementation another; whereas mentioned legal institutions are Special efficiency and the economic outlook, lawmakers should provide for compatibility between them. Thus, in this article the interaction of economic analysis of interaction precedence of enforcement to specific performance over termination of contract with cumulativeness of contractual remedies and the solution compatibility of consequences of them will be discussed. Including the results of the present paper, provide appropriate proposals for modified Articles of Civil Law in the field of precedence of enforcement to specific performance over termination of contract with cumulativeness of contractual remedies by using ideas of authors of economic analysis of law.

With the invention of camera a question arose and is still in place whether photography can be protected as an artistic work? On one hand, camera is a mechanical tool with an undeniable role in the creation of photography and this fact is the main difference between it and other artistic works such as painting. Therefore, some believe that photo quotes only the reality and is void of the originality necessary for being protected as an artistic work. On the other hand, the role of photographer as the one who uses camera to create the photo and makes choices among the available options and selects one may not be ignored. Hence, some consider photo as the result of photographer’s creativity which is original and is an artistic work that must be protected. The latter opinion has been accepted in the law of most countries and important international documents including Berne Convention. In this article, through a descriptive-analytic method, the way to protect photo and determine its originality and related topics have been studied in the national laws and international documents.

The characteristic of performers reflects in their performances so this question will be arisen that whether performers have copyright in their performances. The Intellectual Property Code of France prescribed the rights of attribution and integrity for them. However, they use other approaches for completing the protection in the practice and doctrine. In respect with Iranian regulations there is no express code or article in the case of performers and the ways of protection of their rights, it is necessary to utilize other proper solutions for protection of their moral rights. For this purpose, it is possible to consider the contract law, general rules related to person characteristic and civil liability law as a solution. Aside it is required to have especial rules for moral rights and determining the rights of attribution and integrity for performers. So the rules which are proposed in the Intellectual Property Bill can be acceptable by some alternations.

There is some intellectually created works that haven't been directly rooted from human intellectual endeavor; nowadays, for example, some robots can tell new and creative stories or there is a few computers construct big databases for human use. These works increasingly go into the all areas of human society and because of their utility and benefit for the human being there is much justification to protect them legally. But legal systems that act cautiously in all subjects and areas of science and technology are less involved themselves in these intellectual creations and among themselves don't have any agreement on their legal effects. We have surveyed on the matter in Iranian Law of Intellectual property system; but since legislation draft, with inappropriate approach to the matter can have effects in future legislation, beside of legally protection of investors in Auto-generated works in the present time, we propose our reforms with some clarity for the legislation, because of some expedient reasons and justifications.

Alimony As the main support base of the family and as a right that, unlike other rights of his wife during the marriage also has multiple ways lawyers have been considered. Issues of alimony, the equal distribution of rights and resolving social tensions and support the needy and disabled members of the family plays, which is a constituent element in their communities. Thus, in Tajik law, the law of alimony upon payer has the ability to provide the basic necessities for life. he must provide a financial costs of this small institution but very important, though the wife was affluent and no need to pay alimony by the Husband. The wife was considered a constitutional right to receive alimony, and even in case of bankruptcy pair Tajik law it is considered ahead of other compensation.. Accordingly, this study is due to examine the Alimony and civil laws of Tajikistan, meaning alimony and its commitment to couples in Tajikistan.

The legislator puts the inquiry to the differences resulted from preselling rule of building, the right of three judge delegation selected by two sides. The way of determining the judges, the number, the feature of judge organization in this rule and the qualification of the judges are of the subjects which are needed to be studied. By studying the previous matters, the results of this research indicated that the judgement in this rule is of compulsive one. The judges must be selected by the two sides. They must judge and issue the judgement based on agreement and rule (not fairness). The judgement condition in this rule has independence and the judges have qualification to express their opinions about validity and law status of the agreement inadition to determining the nature of agreement, howness and quality of doing agreement and the rate of obligations of the two sides.

Tari lawsuit is one of the long lines of the nature of the lawsuit and consists of four types of lawsuits. The legislator has filed these claims under titles: counter-claim, third-party litigation, third-party litigation, and extra litigation in the Code of Civil Procedure law irregularly. With the explanation that the extra litigation is out of order and in Article 98 and in chapter 4, under the title of the hearing, has been named without title; while other claims are referred to in the first chapter of chapter 6 as "accidental cases" Is. Allegations of forgery may be filed subjugate or forged, and counterfeiting may also be filed in the form of a dispute or third-party filing or third-party filing or extra litigation. Forgery lawsuits are examined in different ways from different angles to determine the place of forgery in the civil justice system.

The Act of the Jurisdiction of the Iranian Judiciary on Civil Claims against Foreign States was approved on March 8 2014. In the opinion of the authors the nature of "reciprocity" mentioned in the Act, refers to countermeasure in international law. The recognition of right to take countermeasure which is an international reaction, require that the provisions governing countermeasures to be observed. In this article we review the countermeasure conditions in accordance with international law and its dimensions in the Act will be discussed.

In civil law, the right to border is considered like the ownership. Some provisions described it of the easement. Some lawyers have identified it as the negative easement and others the independent right. In jurisprudence, most scholars, in a kind of border, believe to the ownership and in another, have identified it the priority right. The examples of border in regulations show that the right to border is two sorts: right of ownership to border and easement to border. The first type is predicted in the wastelands. Unless the government to purchase land. In the second, positive or negative easement exists on wastelands. But the negative easement may be imposed on lands by law.