LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)
Year:2019 | Volume:11 | Issue:3 |Papers Count:7

One of the exploitative behaviors of prominent corporations is excessive pricing, which causes direct harm to consumers. On the contrary, IP rights let holders to set price of products and technologies in a way to compensate investment in Research and Development (R&D) and earn profit. This research tackles the approaches of Iran, USA and EU legal systems in a case of encountering IP rights and Competition Law in the field of excessive pricing. In US legal systems, they believe that invisible hands can control prices and competition law is not an appropriate instrument for pricing so the holders of intellectual property right is free to increase prices On the contrary, there is not any difference between IP rights and other property in EU and excessive pricing by dominant firms is competition laws. This approach has been accepted in Iran’ s legal system. However, success with this approach in Iran requires comprehensive support by innovators and IP rights holders. freedom of IP pricing is one of these support mechanisms that increases incentive for innovation.

Privacy is one of citizenship rights and human beings cannot merely ignore having privacy because of social life. Some think the right to privacy has been created by conventions on human rights; but indeed Islamic teachings have posed the necessity of protecting privacy and not violating human's personal territory centuries ago, and defended it on the basis of sound bases. Because many current disputes on public rights go back to disagreement on defining human beings and its innate and non-innate traits, so one cannot realize and analyze rights based on Islamic teachings without knowing human beings with regard to the same teachings. This research has analyzed quranic verses and traditions through analytic descriptive method, and concluded that Islam's take on privacy is intertwined with its emphasis on spirituality, inherent integrity and his choice to have a private life.

Due to the principle of relativity in contracts, the effects of contracts to third parties are exceptional. However, this does not preclude the ability to cite the contract as a legal fact with third parties. However, there are some situations in which the contract between the two parties may cause losses to a third party. There are some examples of these transactions in the Imamiyyah jurisprudence, but there is disagreement about their validity. From a legal point of view, some have considered creating a requirement for a third party to be legally binding with a third party accepting it, and some have considered it to be a prudential obligation subject to third party approval or rejection. Given the importance and role of transactions in the lives of individuals in the community and the lack of precise determination of the rules and effects of transactions, the examination of the status and effects of these transactions will have positive effects. In this article, considering the legal and jurisprudence review and Article 21 of the Law on the Implementation of the Financial Sentences Act of 2015 on transactions for the purpose escaping debts, whether the consignee is aware of the transaction or not, the contract will be held valid. However, in cases where consignee is aware of the purposes of the transaction, a civil fine will be added to the criminal penalty.

The Supreme Council of Cultural Revolution as one of the institutions that has been created in the first years of the revolution, has always posed challenges in the Iranian legal system. One of the most important issues related to the activities of the institution is violating the jurisdiction of legal institutions of the country and in particular three branches of government. In the field of entry into legislative competence, we can say about the legislation, policymaking, demarcation of freedom of the press, ratification of international treaties and interpretation of the constitution. And among the violation of executive competence, entering into budgeting and violating the qualifications of ministries are more important. Finally, regarding the violation of the judiciary's independence, violation of the right to fair procedure, the jurisdiction of the administrative justice court and the general inspection organization have been struck by this council and also council enacted provisions in the field of judicial formation, bills and prisons which led to the limitation of the legislative competence. The most prominent consequences of violation of these qualifications are spending founds, parallelism, bureaucracy, government authority, deprivation of individual initiatives, preventing citizens from participation in decision-making and denial of representation theory. In this article, we intend to provide necessary grounds in order to amend the current situation by reviewing council's regulations, and identify social pathologies regarding council's activities.

Including stabilization clause in the contracts and agreements concluded with foreign investors, is an incentive introduced by the host states to absorb the foreign investments. The stabilization clause in its triple varieties: freezing, economic equilibrium and hybrid clauses confirm that the new laws approved by the state would not influence the foreign investment and if it does, the government would compensate the loss. The main question here is that whether including the stabilization clause in foreign investment contracts will be consistent with the states' right to sovereignty in approving human rights principles and dynamic and evolving character of human rights? And if inconsistent, what are the methods to resolve this challenge. By employing descriptive and analytical approach, this inquiry shows that both theoretically and pragmatically, there is a notable challenge and conflict between stabilization clause and human rights obligations. The key ways to resolve this conflict are the direct insertion of human rights obligation in agreements and contracts of investment, the limitation of the domain of the stabilization clause influence, the progressive interpretation of human rights treaties, and promoting the transparency in negotiation and concluding levels of investment agreements and contracts.

Three decades ago, at the initiative of the Montreal Protocol on Substances that Deplete the Ozone Layer (1987), international law has created a new mechanism to control compliance with the obligations that is known non-compliance procedure. This quickly extended to many multilateral environmental agreements. Within the framework of this procedure that is non-judicial, non-confrontational, consultative and preventive, relied upon to take a wide range of measures, from soft measures such as financial and technical assistance and recommendation, to hard measures such as suspension of membership rights and privileges and sanction, will be countered by non-compliance of members, and compliance with the provisions of the treaty will be facilitated, guaranteed and promoted. In this regard, this article is based on a descriptive-analytical method to find out the fundamental question that how is the Relationship between Non-Compliance Procedure and Disputes Settlement Mechanisms and the International Responsibility of State? In response, the hypothesis is that non-compliance procedure is different in many respects, especially the nature, structure, effects and consequences of non-compliance, to disputes settlement mechanisms. Of course, the possibility of resorting to both cannot be ruled out. Another point is the regime of international responsibility of states can no longer be an adequate means of responding to breaches of obligations.

Article 226 of the Civil Code refers to the word " notice for performance " the adaptation of the French term (Mise en demeure) in Article 1146 of the French Civil Code 1804 (Article 1231 of Reformation 2016) means "delaying" which the writers of Iranian civil code have translated into notice for performance and in fact, it is a kind of no-action warning. In France, the concept and effects are considered for this institution which can be achieved with the same results in Iranian law. its role in the responsibility and risk transfer, and other effects can be accepted in the law of Iran. Although this institution has been raised in civil law, the doctrine has not yet addressed this institution and its effects. The importance of this institution is such that the French civil code in the 2016 reform allocates a part to the notice for performance and the sanction of the contracts is subject to this order. Therefore, the notice for performance in Article 226 is more than a common term that it tells of the arrival of the Roman French institution in the literature of Iranian law of obligations which is studied in this research comparatively. The main purpose of this article is to study the concept and effects and exceptions of this legal establishment with the method applied in comparative civil law and based on a descriptive-analytic method.