JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW
Year:2017 | Volume:24 | Issue:11 |Papers Count:10

Introduction: The main purpose of the law regarding the consumers’ rights is to create equality in the relation between producers and suppliers on the one hand and the suppliers and the consumers on the other hand. The applied commutative justice takes the relationships and the differences in the contractual power into account without abusing the weaker party rights by considering the state intervention in the relation between producers and consumers justifiable due to the importance of economic liberalization, the expansion of mass production, the increasing number of multinational companies, and the unequal power of the parties in consumption. Thus, the established commutative balance or justice requires both parties’ agreement. Accordingly, the law on consumption is formed with the idea of establishing balance and regulating the relations by imposing certain conditions on the stronger side (producers and suppliers) and identifying legal rights for the weaker party (consumers)...

Introduction: World trade organization (WTO) introduces “ trade in services” as the most dynamic segment of international trade. Developing countries and transition economics have played an increasingly important role in this area. The WTO’s General Agreement on Trade in Services (GATS) is the only set of multilateral rules covering international trade in services. While services account for an overwhelming share of overall economic activities, “offshore outsourcing” in the service sector being, formed many decades ago, seems to be an important issue for lots of countries. This article concentrates on surveying “offshore outsourcing” mode of supply in comparison with four modes of supply that are mentioned in GATS. Empirical analysis on the mode of supply in offshore outsourcing is very limited...

The use of containers as a means of moving cargo has rapidly increasing over the last decades and has given rise to the concept of multimodal transport. This mode of transport takes place by at least two different modes through one single contract from a place in one country where the goods are taken in charge by the carrier to a place designated for delivery situated in a different country. This way of transport has many advantages such as overcoming many of the technical problems as well as reducing loading and discharging time. While a new convention related to multimodal transport is expected but all efforts in this subject have failed for some reasons as unfortunately there is neither any uniform international law on multimodal contract nor is one expected in the near future…

One of the basic issues in the economic analysis of contract law is the position of remedy enforcement concerning the specific performance along with its connection to the termination of contract and payment of damages which are presented in this study. In fact, the common law and civil law systems have predicted a set of different regulations in this regard. in common law, damages are taken into account as a general remedy for the breach of contractual obligations where in some exceptional cases, an execution of the specific performance is possible. Nonetheless, in civil law systems, a public remedy for breaching contractual obligations is equal to the execution of the specific performance and the termination of contract as well as considering damages as exceptions…

In Iran, the civil liability insurance of employers for employees is issued on the basis of the regulation no.80 dated 22 January 2013 of the supreme council of insurance. This regulation was approved according to the article 17 of the law of establishing the Central Insurance of Iran and insurance matters. The title of this regulation is "general conditions of the civil liability insurance of employers for employees" with 24 articles and 4 notes that is an essential step towards the documentation of regulations in the field of liability insurance...

“Punitive damages” is a concept versus “compensatory damages” which are not awarded in order to compensate the plaintiff unlike compensatory damages, but they are a reaction to the intentional behavior in the event of malice that the defendant of a civil liability lawsuit has been acted. These kinds of damages have been recently absorbed the attention of analysts and courts especially in Common Law system because of the two major reasons: high costs of proceedings and the incompetency intentions observed in some fields of civil liability. Thus, they benefited from the necessity of defendant to pay a price that has not purely the compensatory characteristic...