Comparative Law Researches
Year:2020 | Volume:24 | Issue:2 (108)|Papers Count:7

Under articles 37 and 48 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the seller is entitled to cure the lack of conformity of the goods due to specific circumstances. The same legal establishment has been accepted in the Article 7-1-4 0f the Unidroit Principles of International Commercial Contracts (UPICC). Anticipating the seller’ s right to cure, one controversial issue raised is the status of the buyerchr('39')s right to avoidance. Subsequently, the question arisen is whether the sellerchr('39')s right to cure is prior or the buyerchr('39')s right to avoidance. While there are various interpretations of Article 48 leading to disagreements, in UPICC, the buyer has no right to avoidance in case of seller’ s cure under Article 7-1-4. Similarly, according to general principals including Article 478 of the Civil Code in Iranian legal system, the buyer has no right to terminate if the seller is ready to cure. To conclude, we can say the seller’ s right to cure from the perspective of the doctrine, judicial precedent, legal and economic analysis has priority over buyer’ s right to avoidance.

In most of the legal systems of the world, it has been tried to impose special rules on bankruptcy, given the role of banks in the countrychr('39')s economy and the differences they have with other commercial companies. In the United States, the legal system governing the bankruptcy of banks is known as "Resolution Regime", which has been translated into "Hall va Fasl or Gozir" in Iran. The most important goals of this system are to prevent the disruptions of the financial system in the country, to continue to provide key services to banks and not to impose bankruptcy consequences on the government and taxpayers. In Iran law, the bankruptcy system of banks is not completely separate from the corporate bankruptcy system, and in the event that a bank becomes bankrupt, the provisions of the Commercial Bankruptcy Law are general rules and other specific monetary and banking regulations. Of course, given the importance of banks in the country, these rules are not enough for the bankruptcy of banks and, along with other advanced countries, must provide a specific system for resolving bankruptcy of banks, which coordinates According to the Imamiyyah rules, it is not the only solution to dealing with bankruptcies, which is very costly and time consuming and poses a threat to the stability of the financial system.

Corruption arising from abuse of power and its use in the direction of personal interests is a destructive pest of political systems; hence, they have been dealt with in various ways over time. One of the most effective of these is legal solutions to combat the corruption. In this article, the differences and the resemblances of these solutions in the legal systems of Iran and Canada are examined to identify their strengths and weaknesses by comparing them. On the one hand, effective solutions, such as transparency of campaign finance and political participation, and a conflict of interest principle for political agents, specifically applied in Canada, to combat corruption stemming from the power and power relationship in Iran. To be considered by legislators. On the other hand, the strengths of these solutions in Iran, especially in the constitutional law, that proposed legal solutions in this direction, are to be applied effectively.

Sometimes numerous persons are harmed by harmful act or acts, such as exposure to toxic substances or by a manufacturer using harmful substances in his products. If the harmed persons want to file a claim for damages and be investigated individually, the result of the Individual litigation is that they must prove harmful act, loss-making and causality between the two, and this sometimes leads to a reluctance to file a claim. Also The speed of investigate has slowed and burden costs to the judiciary. A lawsuit has been filed against such cases as "Mass Tort" in the United States. This lawsuit where judicial authorities acknowledge the need for special judicial management and resolve it by choosing the appropriate approach. This article examines this lawsuit and explains its dimensions in the United States of American’ s law and then, has been examined the status of dealing with these lawsuits in the Iranian legal system. As a result, in the US judicial system, judicial authorities choose from a variety of approaches and resolve these lawsuits, and there is no solution in the Iranian legal system to deal with these lawsuits, whether class actions or consolidation, and development of appropriate solutions must be considered by the legislator.

Mediation as one of the ways of resolving domestic and international disputes, has not been exploited as often as other dispute resolution methods. The most important cause for non-admission of mediation is the lack of enforceability of Settlement Agreements. The United Nations has resolved the deficiencie by ratifying the Singapore Convention 2019 on Settlement Agreements Resulting from Mediation. Iranchr('39')s adhesion to the Convention is a positive step towards enhancing the status of mediation in Iranian law. In this article, the main challenges and issues addressed in the Singapore Convention are discussed. This article concludes that some of the decisions of the Convention can be criticized, including the lack of rules on the recognition of the partieschr('39') agreement to mediate and confidentiality in the process of mediation. Due to supremacy of the mediation to other dispute resolution methods according to religious jurisprudence and Iranian legal doctrine, it is also appropriate that Iranian legal system would provide similar or even greater support for domestic Settlement Agreements than international ones.

The convention of childchr('39')s right as the principal instrument in protecting children has paid a momentous attention to the "Best Interest of Child" and the Committee on the Rights of the Child has introduced different dimensions of this matter in its general interpretations. The principle of "Best Interest of Child" is a matter implemented in all protective and development issues in regards to Childrenchr('39')s Rights. The term of "Interest" in the convention has been used in a vague and general way thus can be interpreted in the appropriate way in diverse legal systems. the Committee on the Rights of the Child also certainly called attention to, is that children and their views should be taken into consideration in all programs and actions, including budgeting, developing programs and strategies and so on. The Committeechr('39')s important recommendations are to safeguard the dignity of children in line with the principles of human rights and to refrain from coercive action against children. This research seeks to answer the fundamental question of what is the best interest of the child in accordance with international practice and international human rights law? Contemplation in the case law suggests that although it is difficult to discover the best interpretation of the childchr('39')s interests, and especially in the jurisdictional and culturally diverse context, it is a function of the particular circumstances of each case; It will lead to a conceptual development of child rights and a minimalist understanding of the universality of its obligations in practice and theory.

The development of the corporates presence in the human social life of the twenticth century has led to the expansion of the criminal aspects of this presence. Corporate criminal and offenses are emerging from the needs of the victims, offenders and community, which are not effectively resolved through traditional criminal justice systems responses and interventions. One of the most important needs associated with corporate crimes is the compensation of somewhat widespread harm caused by corporate criminal behaviors. Problems such as the multiplicity of the victims, the existence of indeterminate losses, the existence of unknowing victims of victimization, the victimization of the state, the high percentage of secondary victimization, because of the power and ability of corporates to escape accountability has led traditional criminal justice processes to compensate for the corporate crimes No be successful. In this descriptive-analytic method, this paper exmine the challenges of traditional and generally retributive approach in response to the needs of the victims and using the experience of countries such as Australia and Canada in adapting to the restorative approaches in this area, the capabilities of the paradigm of restorative justice are responding, to the damage caused by corporate crimes. Based on the finding of the present paper, restorative responses can resolve the various concerns of the criminal justice system in responding to the needs of the victim and compensate for them.