COMPARATIVE LAW REVIEW
Year:2012 | Volume:3 | Issue:1|Papers Count:7

According to the International Sale of Goods Convention, where the seller does not deliver the goods or the buyer does not pay the price or does not take delivery of the goods, each of them is entitled to grant the other an additional period for performing its obligations. If the obligor does not perform his obligation within the deadline, the other party achieves the right of termination of the contract. In Iranian law, in the event of non-performance of the contract, the granting of additional period is possible unless in cases either the time is of the essence for performing the obligation, or the condition for immediate cancelation of the contract is inserted in the contract, or performing of the contract is impossible. But, achieving the right of termination or effectiveness of the condition of immediate cancelation depends on the acceptance of the other party.

Limitations and Exceptions of Copyright is a main issue in the Intellectual Property Law and it determines national welfare. Limitations and Exceptions strengths the community. Thus, the justice among the owners and the community is essential. This article attempts to study the structure of Copyright and Limitations and Exceptions and provides appropriate recommendations.

In different legal systems, there is an opportunity to oppose a granted patent. The notice of post grant opposition shall contain grounds on which the opposition is based. Grounds such as: Lack of patentability; insufficient disclosure; and extension of the scope of protection beyond what was contained in the application as originally filed. Also, in Iranian legal system Article 18 of "patents, industrial designs and trademarks Act" predicts possibility of patent invalidation and sets forth several categories of grounds on which a relevant person may oppose a granted Iranian patent. The result of such action may be revocation of a patent partially or totally. Patent invalidation may affect on third party's rights and obligations, persons such as parties of technology transfer contracts or infringers of intellectual property rights.

The most fundamental issues of market is competition, because the market is without competition Does not exist and consumer rights, Investor security and transition and national development not be achieved. Thus the functional guarantee competition in the supply and demand, in the horizontal and vertical markets, not be a problem. Under the Regulation by government to intervene in the market occur that is said "Market Order". Therefore, for organizing the market situation, government Should be attended to regulation for competition in the market and the fight against monopolistic behavior. In this paper we two competition law of Iran (2007) and French competition law (1986) and to compare these two objectives through the operation of commercial law, especially imitation Iran from France in commerce law to review the shortcomings of competition law in Iran and solutions in France.

Based on a general rule in civil liability, external causes limits or excludes the liability of defendant. However, the question is that whether it is possible to applied the general rule when there are compulsory liability insurances? This paper is intended to study the subject-matter regarding traffic accidents (as one of the anticipated cases of compulsory insurances) in Iranian and French legal system. It seems there are some subscriptions and segregations in this context between these two legal systems. In French legal system, regarding to 5 July 1985 Act, basically, relying on Force Majeure in the specific meaning of the word and third-party action, by the defendant is not possible. While relying on fault of the injured party in some cases is possible and in others is impossible. In Iran legal system, it seems regarding to new legal developments; the general rule cannot be applied for the external causes in all cases.

Nowadays, in order to apportion the risk and to avoid the vessels' delay, most of the voyage charters include provisions, either explicit or tacit, which binding the charterers to carry out loading and discharging operation in a designated time limit (lay time), urge them, in case of delay, to pay the owners an agreed amount (ie. Demurrage).Though, liability for demurrage rests with the charterers, however, the charterers' liability to pay demurrage is subject to the various terms and conditions of the charter. Furthermore, possibility of issuing bill of lading and performance of cargo operations by third parties, may lead to exonerate the charterers and sometime direct the liability to third parties. This article, studying the different aspect of the issue, will explore the charterers' and third parties' liability to pay demurrage.