Journal of Comparative Law
Year:2012 | Volume:8 (18) | Issue:1 (91)|Papers Count:8

Oil title is one of the most important factors for determining the model of its exploitation. Different countries have different legal regimes regarding the title of the most strategic goods of the 20th century. Some jurists believe that the legal regime of oil ownership is the same as land ownership, while some others are of the opinion that it belongs to government and yet some others believe that it is in the category of the public goods. From the very beginning of the 20th century the oil as the most important source of energy found a very important role in the life of human kind and despite the diversity of the legal regimes on oil and gas title, so many efforts have been made in order to converge the aforementioned regimes for establishing a nation`s ownership over oil resources. This article is going to determine contemporary situation of oil ownership by a comparative study of legal regimes and Islamic jurisprudence.

The Iranian “Off Plan Sale of Building Act” was adopted by the legislature after forty months of discussions and promulgated in Iranian gazette in last winter. In the Emirate of Dubai of the UAE various laws and regulations have been passed from 2006 to 2010 regulating off plan sale in the Emirate. The Iranian Act has provided approximately, not completely, proper remedies to protect the off plan purchasers’ rights. Iranian law is not accurately protecting the off plan sellers’ rights. The laws of the emirate of Dubai have paid due attention to the off plan sellers’ rights vis-à-vis the off plan purchasers. Nevertheless, it has neglected the off plan purchasers’ rights in some aspects. This article is seeking to legally analyze the advantages and disadvantages of the related laws of the two countries.

There are many professions with codes of ethics, the violation of which may be followed by certain sanctions. Examples include lawyers, judges, accountants, doctors and bankers. In the field of business and commerce also, particularly in this age of globalization, a need has long been felt to have codes of business ethics. This concern has led universities to have various courses on this subject and large companies to have codes of ethics applicable to their activities and even international entities to have global pacts on this subject.By the lapse of time, the importance of these codes has increased. So, one can say that, in the near future, companies without a proper code of ethics will lose the market to their competitors in the same way that a company without technical and professional capabilities will do so.Fortunately, rules of ethics have well been reflected in the contents of the Islamic law of commerce, and were used to be observed by merchants in the traditional markets of Iran. In this article, reflection of rules of ethics on the Islamic law of commerce has been discussed by giving various examples and making comparisons to the laws of Iran and certain other countries. The conclusion made is that such teachings should be put into practice by the government, N. G. O.’s, chambers of commerce, trade unions, etc. to make sure that a more ethical approach to commerce and business is adopted and, thus, a more active role is played in the global trade in the age of globalization.

This Article examines several competing systems proposed for international cooperation in insolvency cases. The rapid growth of international economic activity in the recent decades has brought forth a unique and formidable policy challenge. On one hand, considerations of efficiency call for three things: ex-ante predictability, elimination of wasteful duplication of work by the courts, and incentives for optimal ex-ante allocation of resources. On the other hand, any proposed regime must be sufficiently attractive to sovereign actors. To that end, it must allow sovereign actors to satisfy the needs of their own domestic public policy if they are to cooperate. This paper discusses the advantages and disadvantages of each regime and offers thoughts on how each may be improved or tailored to suit various economic needs.

Generality, secrecy, voluntarily, privacy and equality are important characteristics of vote in political elections laws of Iran and France. The history of the right of vote demonstrates a shift from limited vote to universal suffrage in political elections of Iran and France. In fact, with gradual development of electors circle universal suffrage has been established. Both countries of Iran and France have recognized the secret vote in political elections. The secret vote is the guarantee of freedom of voters and independence of vote. Participation in political elections of Iran and France is optional. The election of senators in France is merely obligatory with vote. Voting in political elections of Iran is entirely private, because in Iran none of written or agency votes have not been recognized. Agency vote and written vote in political elections of France have been accepted. Vote is equal when the quantity and the value of vote of each person are equal.

The seller is obliged to deliver the conforming goods to the buyer. Where the delivered goods are not conforming to the contract, a question arises that whether the seller has the right of cure. In the Convention, where the delivery of goods is made before the time of performance, the seller can remedy any lack of conformity before that time provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. After the time of performance, the seller can remedy any lack of conformity provided that the contract has not been rescinded by the buyer and, he can do this without unreasonable delay and without causing the buyer unreasonable inconvenience or uncertainty of reimbursement by the seller of expenses incurred by the buyer. In English law, the right of cure before the time of performance was accepted in the case law but the existence of such right after the time of performance is questionable. In Iranian law, where the goods are unascertained, the seller has the right of cure and the time of performance is not important. Where the goods are specific, by invoking Articles 478, 481 and 527 of Civil Code and the verdicts of Islamic jurisprudents it can be said that the seller has the right of cure if it does not cause unreasonable detriment to the buyer and, if the buyer has known that the seller would be able and willing to repair the lack of conformity he should not be given the right to terminate the contract.