CIVIL LAW KNOWLEDGE
Year:2015 | Volume:4 | Issue:1 (7)|Papers Count:7

This article is an effort to study influence and function of capacity on tortious liability with juristic approach and to utilize results of this study to amend the law. The main issue is whether capacity influences on tortious liability or not? It seems although the primary purpose of the jurisprudence is compensation; but it seems there is another purpose to acquit from civil liability of absolute incapacitated persons (insane and non-perceptive minors) as far as possible, because jurisprudents believe to obligate incapacitated persons is not fair; but they are forced to choose between necessity of compensation or incapacity resulting loss. Therefore, jurisprudents believe that incapacitated persons are innocent as far as possible, but they considered responsible in other cases. The civil law that has been adopted from jurisprudence has accepted the same approach.Although social imperatives and justice require compensating every loss, it must be accepted absolute incapacitated persons are liable for damages in some cases, despite their circumstance. Therefore, we can spread fair treatment in connection with these special people by utilizing potential of legal and judicial principles, existence of social security institutions, and the possibility of transmission and distribution result of loss like insurance for minor and insane civil liability etc.

Legal perspective, it is important to point out that today's innovation as the main keyword and one of the main elements of the economic transformation, the distribution of power and wealth affected and in many cases, affect patterns of our social behavior. Putting aside the rights and innovation so that the effects of attention to the concept of legal aspects of attention and highlights.In this paper we will present the general theory governing the rights of both innovation (liberal legal theory and the theory of law firm). The rights policies, and mainstream innovation policy governing innovation in the field of law will be studied. Finally, this study expressed a variety of innovative legal tools, these tools are introduced briefly discuss how each level.The last part of this article that the introduction of intellectual property rights as a tool for innovation will be investigated in the area of innovation policy in dealing with intellectual property and are important tools in the innovation policy implications will be discussed.

Along with the increasing use of electronic devices for concluding an international contract, the most international electronic contracts are concluded in the circumstance which their parties aren’t present in a specific location. Since some of the most important characteristics of each contract are time and place in concluding followed by legal consequences, any country attempt to provide governing rules and regulations on time and place in concluding electronic transactions. Thus, different solutions accepted in national legal systems are in contrast. As a result, codification of international instruments governing on electronic contract rules was introduced. One of the instruments is UNCITRAL Convention related to Use of Electronic Communications in International Contracts adopted by General Assembly of UN on 25 November 2005. If provisions of this convention are compared to Iran’s law about time and place in concluding electronic contracts, it is concluded that; first, this convention hasn’t provided certain rules in some controversial issues and has assigned it to domestic legislature, and second, there aren’t any conflict between this convention, Iran’s electronic commercial law and generally Iran’s domestic law.Accordingly, Iran’s accession to the convention do not cause serious mismatch between governing rules and regulations on this subject.

Nowadays exercise is one of the most important healthy activities among teens and adults. which in some cases of cours it may lead to danger for the athlets. Because getting injured in matches and athletic activities, is something natural and unavoidable. By the way there are some theorys showing the althlets do accept these injuries. But in law, with considering the acception of the athlet, responsibilities are mantioned for the criminal responsible player.

The word of ((consumer & supplier)) are essential in commerce realm. To know their rights & duties, it is necessary an exact meaning of them. Its clear that consumers are weaker than suppliers in commercial transactions, so many Rules & Directives has been set to protect them. But we can see some differences between definitions in national & international laws & it has vital influences on national law in the rate & kind of protection of consumers. The most important point in European definitions is that they didn’t produce a general definition about the Consumer. On the contrary of our Law, they have tried to produce special definitions in different Directives. In this paper we try to acquaint the meanings of this words, common & different points in Iranian & European laws to revise our rules & make better protection of consumers in the realm of commerce.

Today arbitration centers offer significant services in context of arbitration. Offered services in centers are not identical, some of centers may perform different activity than others. One of major activities of arbitration centers is scrutiny of the arbitration proceeding. In centers such as the ICC Court of Arbitration and ICSID also scrutiny of the ward take place. Scrutiny of ICC Court take place to draft ward and for issues of form, the tribunal is obliged to follow the Court suggestion. In ICSID scrutiny is an quasi-judicial oversight and center has the right of review and annulment of arbitration award. In this article we will examine the question of whether this type of monitoring is to intervene in the arbitration tribunal or national courts proceeding.