Private Law
Year:2018 | Volume:15 | Issue:1 |Papers Count:10

The term of certification mark does not exist in the Iranian law, but the bill of protection of industrial property has considered its protection. The role of certification mark is certifying a certain attribute in a goods or service. The attribute can be quality, material, origin or other character. This mark has different types such as compulsory/voluntary, national/regional/international and for goods/for service. Certification mark is a different concept compared to collective mark, geographical indication and ordinary trademark. The most important differences are: The role of these marks, The prohibition principle that prohibits the owner of a certification mark to use his mark and the freedom of use principle which allows qualified persons to use the mark.

The basis of product responsibility laws is one of the key issues that must be determined in the light of economic and market policy and the approach of the legal system to justice on the one hand and balancing the interest of consumers with the interest of producers or the aims of responsibility on the other. In spite of the necessity to regard these factors, in order to determine the appropriate base theory, at first, like general civil liability, was cited to fault for justifying the product responsibility, but due to the ambiguity in the concept of fault, and its being of behavior characteristic and as well as the impossibility of proving it by The consumer, it was refereed to the defect theory or, in the sense of tolerance, the strict liability.This was a transformation from regarding behavior to the outcome, but this theory also failed to cover all aspects of the legal duties and obligations of a manufacturer. Therefore, the theory of security and stability of the market for procuring customer trust and protecting national economict is the proper theory that as the basis of product responsibility can cover all legal aspects of the subject and obligations of manufacturer.

The rule of fraud has a vital role on documentary credit. This rule considers as an exception to the principle of independence. In most cases, fraud is made in documents by the beneficiary, that the exception of fraud being properly applied; since the documentary credit has been formed of combination of several legal acts, the fraud may also occur in the underlying transaction. Despite the fact that most legal systems have accepted the exception of the fraud, but judicial procedures differ in terms of the limits and cases of applying fraud exception. In general, there are two approaches to extending or refusing the exception of the fraud in the underlying transaction: the broad approach, according to which the fraudulent acts should be extended to the fraudulent behavior of the underlying transaction and the narrow approach, supports the principle of independence and restricts the fraud to forgery or fraudulent documents. The examination of Civil cases of the Big Bank Fraud indicates that the majority of judges have followed the narrow approach.

The recognition of convention on biological diversity (CBD) by different countries including Iran, lead to some obligation for them in relation to access and benefit sharing contracts that be concluded in territory of those countries. The results of this research indicate that biotechnology transfer contracts in contrary of another fields of intellectual property, have a special legal condition and are under the requirements of CBD, specially article 16, such as prior informed consent of provider country of genetic resources (PIC), and mutually agreed terms (MAT).Considering Iran’s membership in CBD and the necessity to comply with its requirements, their applying criteria as to biotechnology transfer contracts and also their legal effects on these contracts will be studied in this article. We will conclude that due to provenance of requirements of CBD, biotechnology transfer contracts have a special legal nature and different legal rules and effects compared with traditional contract law.

As a result guarantee contract of, obligation transferred from conscience principal into conscience guarantor. In fact this work is adopted to guarantee by imami jurisprudent. It must be understood, transfer conscience is not nature of guarantee contract of, but it effect of absolute contract, obligation principal may have assurance as mortgage, in jurisprudence all those who have commented on this issue, because the guarantee contract of, is performance obligation, Consequently, with the conclusion of the contract of guarantee, assurance principal obligation is separated. Since assurance is security for performance principal obligation, however in civil law, the majority of lawyers, dependency it for principal obligation, since in guarantee contract of, principal obligation is not dissolved, but transferred into conscience guarantor, the assurance is not separated, unless in hereof be conditioned, of course in guarantee joint and several, since by conclusion of guarantee contract of, is joint conscience, this subject don’t plan, and only add for assurance, with considering importance this subject, will study in Iran and French law, finally selected comment will be expression.

Performing artists are the persons related to the literary and artistic works in the scope of neighboring rights. Iranian law has not expressly spoken of these persons and has not predicted certain rights for them. However in the French legal system as the leading country in the neighboring rights, financial and moral rights of performing artists has been accepted as well as in the international arena has been codified documents to support these persons. This study seeks in addition to study the scope of financial rights of the performing artists in French law and related international documents, explain possibility or impossibility of waiver of these rights and also the rules governing the transfer of them. In addition, this research is trying to review the regulations related to this issue in intellectual property protection bill, approved by the cabinet Islamic Republic of Iran in 1393/07/02. The results of this research indicate that in French law and international documents, the performing artists have been supported extensively. Although Intellectual property protection bill contains provisions relatively good, but in addition to some formal reforms, in some cases more support of the performing artists requires substantial reforms in this bill too.

According to the article 114 of amended legal commercial bill concerning the joint-stock companies, till the manager has not balanced with the company, his stocks will be distrained in the company safe. The questions are: what is the nature of the stocks? And whether the word "manager" includes the director or not? And if the answer is positive, how the article 114 will be executed in the cases in which the director is elected from non-stockholders? in this article, in order to answer these questions, we have studied different kinds of collateral, the nature of the stocks, the nature of the managers, and the jurists' approaches about them. Finally, we concluded that the stocks collateral is an independent legal institution from mortgage contract. The intended purpose of the legislator by the word "manager" is only the board of directors and does not include the director.

image rights means that one can decide About another photography from him, circumstance of photography, Publication or non-publication and finally Use or non-use of image. This right Has a dual nature: On one hand, This right is related to the human personality and on the other hand, Financial value can not be denied.Due to the dual nature, The right image can be transmitted through contract However, one can not generally transfer their Right Image. Moral aspects of image rights after the death disappears, However Financial aspects of it will be transferred to heirs. There is disagreement about the legal basis of the right: Some authors consider it as an example of privacy, Other authors consider it an example of personality right Along with privacy. It seams, With recent base, can be supported from Right Image Better and more complete.

According to the famous view of the Islamic jurists, contract of hire is a possessive one. One the most evident of this view could be seen in the legal consequences of the breach of contract by the private employee. Breach of this contract by the employee may be committed in various ways such as when he works for himself or others, gratuitously or otherwise; and the liability of the employee varies according to these ways as well as to various forms of private employee.This article tries to study the subject according to these forms and on the bases of possessive or promissory nature of the contract of hire. The study shows that as a general rule, in all forms of the private employee, breach of contract by him entitles the employer (hirer) to rescind the contract and recover the wages or retain the contract and recover the quantum meruit of the lost benefit.