AZAD LEGAL RESEARCHES
Year:2007 | Volume:- | Issue:1|Papers Count:8

In case of breach of contract, provision of elements and conditions of contractual liabilities, it is time for compensation of the pertaining damages resulted. The damage compensation necessitates the pertaining assessment. Application of rules and methods of compensation aims at provision of the rightful and legitimate interests of the aggrieved party based on implementation of the contract. Having complied with the aim, the International Convention for Sale of Goods stipulates the assessment of damage compensation based on substitute and alternative transaction for the primary transaction. The aggrieved party- seller or buyer, as the case maybe- may receive the difference between the price of the breached transaction and the substitute or alternative transaction as compensation. In case the substitute transaction is not realized within the specific manner and period of time, the difference between price of the goods of the primary transaction and the prevalent price of the same goods at the time of the breach of the contract or confiscation of the goods will be considered as milestones for assessment of the damage compensation based on Article 76. If there is any damage left uncompensated as the result of application of the two aforementioned articles, it will be covered through application of the Article 74 of the Convention. Objectives, generalities and legal regulations of Iranian law pave the ground for utilization of the aforesaid methods and enable the obligee to claim the damages incurred- including but not limited to cost and expenses-as result of the breach of the contract by the counterparty through meeting the commitments. (Article 222, Civil Code).

To reach the targets and aims of criminal justice, depends on different instruments and possibilities. This article attempts to point out to the different aspects of disagreement in Iranian criminal policy. The recent studies indicate that the said policy is unconvienced. This situation, arises many challenges in criminal policy, as discordant and contradiction in the legislative, judicial and executive affairs. Therefore, if we couldn’t find an effective solution, these circumstances would have led us to fail in all criminal justice policies.

The future goods not only include generic goods but also the goods to be manufactured exclusively or solely for buyer that it may be movable or immovable like an apartment or flat in a site or building. When the subject of a contract in sale of goods is purely generic goods by description, no property in the goods is transferred to the buyer unless and until the goods are ascertained. In other words the property in the goods of that description, if unconditionally appropriated to the contract, passes to the buyer. Where there is a contract for the sale of future goods to be manufactured exclusively or solely for the buyer the property in the goods passes to the buyer at the time the goods completely is manufactured. The parties may intend to pass the property gradually during the manufacturing, fixing and installing of each part of the goods.The future goods also includes the goods to be grown as an agricultural product in a specific farm or garden for the contract .where there is a contract for the sale of goods to be grown as an agricultural product in a specific farm or garden if the sort or quality of that kind of the product is formed and in other words when there is the first step of that quality and kind of the product, the property passes at the time of making of the contract. The parties may agree that the property passes at the time the product to be completed and attain perfection or even passes at the time after reaping and harvesting of the product.

Self-Defence is one of general defences in which use of force against attacker is justified because of lack of legal element of crime. Legal basis of self-defence is to repress any attack against one's "right"; so the subject of self-defence is perpetually a "right". Actual or threatened illegal attack and proportionate and necessary defence are essential elements of self-defence. Articles 61-2 and 625-30 of Islamic Penal Code provide the regulations of self-defence. This paper analyzes the articles. Some contents of the articles are conflicting, some of them are repeated and some are wrong. The code has not permitted to resort to force to prevent a crime. The majority of courts are disinclined to establish self-defence. Therefore, the case law is very weak and unuseful in the matter. In the conclusion some results and proposals are presented.

One of the requisite of validity of a transaction is certainty and determination of transaction’s object. (accordance to part 3, article 190 civil law).We also see the same rule in Islamic law, that breach of these conditions, would cause risk and loss, and finally validity of contract.This discourse is putting in order in 3 sections as follows:In chapter 1, it will consider, the concept and effects of “determination of object”. we will see, doubt in offer stage, won’t be impediment to make a sale. In addition, it will consider, doubt in fungible and non-fungible thing, uncertain terms and sanction of uncetainty object.In chapter 2, that is entitled as “certainty of object” we will consider the concept, grounds, and domain of certainty.We will see there is difference, between the mistake in nature or quantity or qualification with uncertainty.In addition, it will consider the basis of neccessity of certainty object and public order and wise base will introduce as basis of necessity of certainty of object.At last, in this chapter, it will settle to distinction of those contracts, in which the general knowledge is necessary clause.