COMPARATIVE LAW REVIEW
Year:2013 | Volume:4 | Issue:1|Papers Count:8

Some legal systems have identified the special rights as «droit de suite» or «resale royalty right» for the protection of creators of works of graphic or plastic art. But this right is not recognized in the Iranian legal system. This research has tried to explain various aspects of the resale right by examing the legal systems of France, the UK and Europe Union. Resale right enables author of an original work of art to claim a portion of the price for which a work is resold. This right is based on equitable considerations and includes original artwork that has passed out of artists hands after the first sale. It is an inalienable and unwaivable right, in fact the right is not assignable but after death, passes with the author’s estate. The royalty according with Conditions could paid by the seller or buyer or intermediaries art market professionals.

It has been tried to compare the “price payment method” in Iranian Law with “Principles of International Commercial Contracts” and “Convention on Contracts for International Sale of Goods Vienna, 1980” in this study. Different law regulations in various countries should be unified in order to extend rapid and insured trusted law relations among the nations and people all over the world because of innovations, discoveries, and inventions in various fields. Considering this fact is of high importance in “price payment method”. Price payment method is affected by current commercial contracts and payment tools. In this study, it has been proved that the price payment method in Iranian Law stands in the same line with international regulations, and if it does not, it is possible to harmonize the differences.

The financial performance impossible of the contract set forth because of the financial inability of one who under take stems from external factors and attributing to the contracting parties is impossible. In the event of financial impossibility the present procedures (based on existing regulation) the possibility of the contract termination, the obligee is in compliance with the conditions, while it seems quite possible to modify the contract should be considered. Impossibility is committed relationship with his or her obligations fulfilled by simply not applicable due to external factors. In this article, we will try to apply the circumstance of the express option to survey to some extent the reasons for the contract adjustment.

This enigma that “How should tort law assign monetary values to human lives?” has preoccupied many legal scholars. In responding this question, two independent bodies of law try to redress the personal injuries in the united states, 1- tort law, in which the courts use a case-specific numbers to assess damages, making individual differences crucial and 2- regulatory policy, that relies on a uniform and fixed values, extracted directly from The surveying the real-world markets and workplace risks. In terms of Iran, in fatal tort cases, all victims (that is their heirs) will be paid the same amount, which is based upon the Islamic doctrine of Diye -Mulct or Blood Money. The main goal of this paper is to consider these methods by adopting a comparative approach, I will argue that our law can learn from the Americans experience in this respect and finally, I will propose some suggestions for reforms.

In the civil procedures act 1379 the act reference of Arbitration is stipulated in agreement and arbitration clause due to no exact order of Arbitration contract class. However, the civil law relies on the basis of Consensual contracts. In contrast, the international commercial law relies on the Arbitration contract as written form. According to the international commercial law, the Arbitration contract is administered under this act and must be in writing form. In current legal conditions of Iran, the national Arbitration contract is known as consensual but the benefits of the formalism is the compatibility of the international commercial law with goals of judgment and the amendment of the civil procedures law seems necessary because, if necessary, the courts dedicates to investigate the existence or non-existence of the unwritten contract that is concordant to the parties and the law system that firstly neglected the Arbitration contract and the major.

This article outlines the questionable role of non-state law that is based on globalization and rise of private law making. Proponents of non-state law believe that there are numerous private legislators which make legal rules that govern large groups. The article examines troubled concept of non-state law and its shortcomings and benefits. It considers non-state law by theoretical and empirical analysis. The findings of the study confirm that nowadays, in spite of all critical comments, the importance and currency of legal pluralism is undeniable. It is true to say that Flexibility, Compatibility with circumstances and efficiency are obvious reasons for preferring non-state law.

Access to exact and reliable information about the land and knowledge of legal situation of land during of transaction is very important. The person that wants acquire a land, he spends charges for achieving of information but sometimes these efforts don’t result to consequence and it is possible that transferee confronts whit person who isn’t owner or who does opponent transactions.Omission of this difficulty is one of basis of creation of land registration systems. Registration system must prepare possibility of protection of transferees registered rights against unregistered transactions. This system must prepare possibility of rapid and exact achieving to legal situation of land for interested persons. This role of land registration system, including informing and protective features, is named “right of access to information” that its limitation is determined by act but this function must be operated via does not breach of right to privacy.

The character of cosmopolitanism in e-commerce disputes is much more complicated than in normal international transactions. Internet environment has created challenges and changes about the governing law of contracts in this space. This cyber space has technical and legal differences in compared with physical environment. In this paper, we intend to answer this question that in dispute arising from an electronic commercial contract, what law governs and efficacy of parties will in determination of this law what to extent is? Despite the importance of this issue, discussion of the law governing electronic contracts concluded on the Internet and cyberspace in our legal literature has been little attention. In this research, with considering the latest international and domestic documents, we survey the competent law in e-contracts concluded on the internet space with a comparative and analytical approach in USA, EU and Iran legal systems.