JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW
Year:2018 | Volume:24 | Issue:12 |Papers Count:10

Introduction: Economic justice has a special place in the field of justice, attracting the attention of many scholars. The main issues in economic justice are the quality of distribution of income, occupation, opportunities, economic freedom, leisure, rights, and privileges and in general the distribution of economic benefits among individuals and groups (Tavassoly, 1997)...

Given that the public investors are not familiar with the mechanisms of trading commodities and securities on the exchanges, as well as considering that such transactions are carried out through multiple systems and trading stations and considering that the allocation of the trading station for each, person intending to deal is not possible, the principle of mediation and representation is helpful. In terms of economic analysis, although the intervention of brokers and intermediaries involves costs, and the broker receives its remuneration from the parties and at first sight, the transaction cost increases, but due to the complexity of the capital market and the professionalism of the work and the ceremonial nature of the exchange transactions, the involvement of agents reduces the risk and cost of transactions and adds to the efficiency of this market…

Electronic transaction means any exchange of funds where, at least, one operation is conducted using electronic means. In such transactions, operations are mainly performed by the transferring bank, which is the bank ordered by the issuer of payment order to carry out the transfer of funds. In this kind of transactions, although it is the customer that directly requests the transaction from the transferring bank, several other factors have a role in the transaction including the banking systems, mediating bank, telecommunication and internet service providers and even the customer's action, and it is not clear what obligation the transferring bank has to the customer and what it is based on when transaction is not properly performed; is this bank liable for the actions of people who collaborate with it or not? In the present article attempt is made to analyze the existing regulations including guidelines approved by the Central Bank, and conduct a comparative study of UNCITRAL Guide on the electronic transfer of funds to explain the basis and limits of the transferring bank's liability in such transactions, and suggest complementary solutions to these regulations...

In the present study, an attempt has been made to gain insight into the status of law in relation to agency costs using an analytical-descriptive method. The issue of agency costs and the urge to present regulations for the agents involved in the commercial ties between companies have been always of research value for lawyers. Such costs, if appropriate measures not taken, can create formidable barriers to the potential interests of stakeholders which eventually puts businesses and investments at jeopardy and may lead to the loss of opportunities to attract dispersed capital of the community. Since the interests of the stakeholders are based on the actions of the agents, it is possible for them to abuse their position, which would be in conflict with the fundamental purpose of the companies. Accordingly, high agency costs can generally place undue burden on the stakeholders of companies, leading to unproductivity of their institutions...

Introduction: In our era, motor vehicles, especially land vehicles such as cars are among agents with greatest possibility of harm and danger. Accidents caused by land vehicles have become one of the top problems of the present era. In the complicated market of production and supply, on many occasions, costumers are not aware of the materials of the goods, the quality of production and the manner in which they are used. On the other hand, the vehicle may be defective, and the consumer may be harmed by using this product. Lack of consumer awareness and their trust in the supplied products lay the grounds for the misuse of some manufacturers...

Introduction: The share represents the right of its holder on a part of the company, but it is distinct from the Joint ownership of a property. Although the nature of the right of the owner of securities is closer to the objective rather than subjective right, intangibility of the securities make it difficult to identify features and assess the quality of the securities for potential investors. This aspect of securities has resulted in imposing the duty to disclose the information on securities transactions on the primary and secondary market in some legal systems. In Iranian law, Securities Act of 2004 created the mandated disclosure system for securities transactions in the primary and secondary market. In this article, it is intended to examine if this duty is justifiable according to the special foundations of the Iranian legal system; and if yes, based on what foundations. In short, it can be stated that, given the special features and specific rules governing securities transactions, it is a significant imbalance between investors and powerful market participants in accessing to the information there, and it seems to be necessary to impose the duty to the disclosure of material facts on the stronger party...