Modern Technologies Law
Year:2021 | Volume:1 | Issue:2|Papers Count:6

The hardship of enforcing a contract is one of the most frequent problems in any legal system after a crisis; In this regard, the necessity of explaining a comprehensive theory about the hardship, especially in the current situation as the most terrible crisis in recent centuries, is strongly felt. Today, many contemporary legal systems, including countries such as France, Germany, and the United Kingdom, have responded to the hardship of enforcing the contract with convergent approaches. These legal systems, while explaining the necessary condition of hardship, have also provided certain solutions for the problems of this matter in the realm of contract theory. The approaches of contemporary legal systems to the hardship can be categorized under the two general forms with the titles of "hardship as impossibility" and "maintaining the contract while reviewing it". Paying attention to these approaches in the Iranian legal system will provide very insightful achievements for Iranian jurists which can be used to achieve a proper balance between the principle of necessity and contractual justice.

It has always been a common legal idea that a physician shouldn’ t be liable of patients’ corporal loss made without any fault. Doctor’ s liability is rationally restricted by his abilities and therefore, he should not be considered responsible for those injuries made without his fault. But most Shiite jurists reject this belief. They account physician’ s treatments as quasi-intentional crime and as the result, impose absolute liability on doctors. The Islamic criminal law approved by 1992, accepted the second view and lead to serious criticism of the legal society. As the reaction of this regulation, the new Islamic criminal law which is passed by 2012 has chosen a totally different approach. Now, it is necessary to prove medical fault in order to win a lawsuit against a physician. “ Fault” has become a pillar in medical liability and even without any “ clearance” . No one could take a malpractice action to the court successfully but through proof of medical fault. This article aims at evaluating the new law and then, determines the final position of Iranian legal system regarding medical liability.

Difficulty of extraction from the depths of the earth and sea beds has made oil and gas industry the most dangerous industry in the world, so that the parties of upstream oil and gas contracts always seek to use different solutions such as indemnity clause to allocate the risks. According to indemnity clause, risks is up to the party that is more capable of managing risks. Referring to the texts of upstream oil and gas contracts especially new Iranian upstream oil and gas contracts i. e. IPC and observation of continuously repetition of this clause in the aforementioned contracts can be regarded as a practice-a step before formation of a custom rule-in the field of risk allocation in oil and gas industry that undoubtedly will be an effective step in formation of lex petrolea in the future. But by a survey in writings of scholars and the codifications of this clause can be founded that there is no overall consensus about the definition and scope of this clause and sometimes the scope of this clause has been confused with other similar terms. So in present article we have considered concept, nature and important notes in drafting of this provision.

Iran is in a special place in terms of oil exports, and it is natural that in this valley traders are also looking for a better market and more profits. With development and progress of the Internet and new technologies, the world economy has taken an upward trend towards e-commerce. The questions that will be answered are the questions that can be answered between the Iranian Stock Exchange and the International Forex Market, which one can be suitable for oil traders and what kind of contracts they sign to make more profits. Therefore, this research aimed to explain the nature and fundamentals of stock and forex markets and future contracts and their differences, to have a comparative view on their advantages and disadvantages towards each other and to investigate the conclusion of futures contracts in these two markets. The findings indicate that the international forex market in Iran is legal and legitimate and has many advantages for oil traders compared to the stock market and it is proved that trading in this market is not gambling and usury. Also, if you use contracts for difference or CFDs in their transactions, they will receive more points. Special formalities are needed to conclude future contracts on the stock market and Forex markets.

It is generally accepted that the contracts' content reflects the goals of contractor parties and with relying on contractual rules and mechanisms be performed accurately and completely to ensure the parties that their efforts for concluding the contract shall result in their mutual intention and interest. One of the essential contractual rules is co-operation rule that might encourage or prevent the parties from doing some activities to make sure that the concluded contract shall work out if included in the contract. The problem might arise when this rule is not included or implied in the contract, and even such unexpected events have happened that make it difficult for both parties to be bond to the concluded contract. Under these circumstances, this essay by analyzing this rule under the important international documents including the CISG, PECL, DCFR, Islamic Fiqh and the Iranian legal system, has suggested the solutions such as contract management methods to maintain the oil & gas contacts performable and resolve the contractual conflicts.

Forfeiting is a financing method and is the least expensive, fastest and least risky method compared to traditional tools. It provides the financial needs of business activities and investors, including the need for international trading liquidity through Transfer of long-term demands without termination. Financing in this method is concluded in the form of a contract, relying on its instruments, such as bills and promissory notes, between the forfeiter and the creditor. In this study, the environment and financing instruments in the forfeiture contract and the impact of these relationships and tools on its pillars are reviewed on a case-by-case basis. Nowadays, all transactions related to goods and services can be the subject of a Forfeiting contract because the exporter's sole responsibility to the importer is the goods' quality and reliability. In recent years, transactions that focus on developing oil and gas fields and raw materials such as oil, mineral raw materials and durable goods using standard tools in forfeiting such as draft, promissory notes, letters of credit and transferable payment guarantees, can be financed.