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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2019
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    109-121
Measures: 
  • Citations: 

    0
  • Views: 

    274
  • Downloads: 

    0
Abstract: 

The stability requirement is a specific obligation under which the foreign country cannot alter the terms of the contract by Law or by any other means without the consent of the other party, and is also a guarantee and precautionary measure that is set forth in private contracts. Those governments are required to refrain from intervening in changing or terminating the contract. The requirement for stability in investment contracts is primarily designed to counter and reduce political risk. It should be noted that the change in capitalist government policies is called political risk. It should be noted that the conditions of stability in all contracts have a particular role in preventing the host government from enacting Laws contrary to the contract and changing the Law in force at the time of the contract. Conditions of stability in investment contracts have been devised primarily to counter and reduce political risk. It is also included in long-term contracts, especially in the natural resources sector, in the investment contract. The main question of this study is, on what basis are the conditions of contract stability in American Law? The study relies on the assumption that US Law governs the authority to terminate administrative contracts. This research is a library-based descriptive-analytical study.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

PRIVATE Law

Issue Info: 
  • Year: 

    2016
  • Volume: 

    4
  • Issue: 

    13
  • Pages: 

    147-179
Measures: 
  • Citations: 

    0
  • Views: 

    1356
  • Downloads: 

    0
Abstract: 

In EU and American Law, the principle of autonomy has been recognized. For the purpose of unification, Rome 1 Regulation allows parties to choose the Law that has no link to the contract. By contrast, in American Law, the selected Law is required to have a basic or reasonable relationship with the contract. According to Rome 1 Regulation, the chosen Law does not affect the application of overriding mandatory provisions of the Law of the forum and the Law of the performance of the contract. In American Law, the chosen Law should not be in conflict with public policy of the forum and a fundamental policy of a state which has, substantially, greater interest than the chosen state in relation to the determination of a particular issue. This article examines the positions of European Union and American Law regarding the determination of applicable Law.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    5
  • Issue: 

    4 (18)
  • Pages: 

    1-26
Measures: 
  • Citations: 

    0
  • Views: 

    593
  • Downloads: 

    0
Abstract: 

Copyright misuse is an issue the ignorance of which and the absence of a Law capable to deal with it can result in the vast misuses in the field of intellectual property in the future. The Laws and regulations relating to intellectual property have not been paid attention appropriately in Iran. As an example, a reference can be made to the absence of any Law as regards copyright misuse. Copyright misuse here means claiming copyright with respect to works that have entered the public domain. This article deals with the concept of copyright misuse, its examples, disadvantages of such a misuse, the ways for countering this phenomenon including imposing civil and criminal liability on and prosecuting the misuser by private and public individuals and additionally administrative measures to combat it. Consequently, the article concludes that the existing Laws are not sufficient for addressing the problems resulting from such a phenomenon and the enactment of a new and comprehensive Law in this respect or amendment of the existing Laws being able to answer the problems raised from copyright misuse is necessary.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 593

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Issue Info: 
  • Year: 

    1996
  • Volume: 

    17
  • Issue: 

    -
  • Pages: 

    207-241
Measures: 
  • Citations: 

    1
  • Views: 

    116
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 116

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    1
  • Issue: 

    2
  • Pages: 

    49-57
Measures: 
  • Citations: 

    0
  • Views: 

    1837
  • Downloads: 

    217
Abstract: 

Textbooks play a pivotal role in language learning classrooms. The problem is that among a wide range of textbooks in market which is appropriate for a specific classroom and a group of learners. In order to evaluate ELT textbooks theorists and writers have offered different kinds of evaluative frameworks based on a number of principles and criteria. This study evaluates a series of ELT textbook, namely, American English File by the use of Littlejohn’s (1998) evaluative framework to see what explicit features of the book are, what pedagogic values it has, whether it is in line with its claimed objectives, and what its merits and demerits are. Littlejohn believes that we should evaluate a textbook based on its own pedagogic values and we should see what is in it not what teacher and evaluators think must exist in it. Consequently his framework is claimed to be devoid of any impressionistic ideas and it is in-depth and objective rather than being subjective. Nine ELT experts and ten ELT teachers helped the researcher rate the evaluative checklists. The results of the study show that although a number of shortcomings and drawbacks were found in American English File, it stood up reasonably well to a detailed and in-depth analysis and that its pedagogic values and positive attributes far out-weighed its shortcomings. The internal consistency between ratings was computed via the statistical tool of Cronbach’s alpha that indicated a desirable inter-rater reliability.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 1837

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Author(s): 

Parsa Nahid

Issue Info: 
  • Year: 

    2022
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    475-492
Measures: 
  • Citations: 

    0
  • Views: 

    53
  • Downloads: 

    18
Abstract: 

It is necessary to expand the safety on the roads and prevent the damages resulting from the defects of the cars, to know the process of recalling the cars and the necessity of following its rules. Car recall has a special place as one of the after-sales services. Vehicle recall may be issued for defects during production or design, or for defects created after use. Analyzing and interpreting the recall of the car and examining its legal dimensions raises issues such as what is the legal nature of this entity? What authorities can initiate a car recall? The present article proceeds with a descriptive-analytical approach and by applying the existing regulations on the car recall phenomenon, and finally, after analyzing the issue, it concludes that there are several assumptions regarding the legal nature of the recall. Analyzes in the form of warranty, Unilateral contract, additional contract and gloss are proposed, despite this, the hypothesis of independence and specificity of the legal nature of the recall of the car is closer to its nature and nature. In addition to the manufacturer, related government agencies and courts and private Lawsuits can initiate a vehicle recall. The purpose of this research is to provide the best practical process that helps the Iranian society to achieve high standards of success when performing car recalls.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    546-562
Measures: 
  • Citations: 

    0
  • Views: 

    5
  • Downloads: 

    0
Abstract: 

Feminism, as a social and legal theory, has undergone many changes in American Law and international Law since its inception in the late 19th and early 20th centuries. In American Law, feminism initially focused on the fight for women's rights, especially the right to vote and equal rights in the workplace. In the following decades, the theory of feminism expanded to concepts such as gender equality in the fields of education, employment, reproductive rights, and combating structural discrimination. From the 1970s onward, the second and third waves of feminism focused on intersectional theories that considered factors such as race, social class, and sexual orientation in addition to gender.In the field of international Law, the theory of feminism initially mainly paid attention to women's rights within the framework of international conventions and treaties. In this context, the efforts made in order to identify and protect the rights of women in war, reproductive rights, and combating gender violence were the main issues. From the 1990s onwards, intersectional feminism entered international Law and, by making changes to traditional approaches, examined issues such as decolonization, migration, and human rights from a gender perspective.In sum, the evolution of the theory of feminism in American Law and international Law has continuously moved towards the development of an intersectional and inclusive understanding of gender equality and social justice.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Author(s): 

Issue Info: 
  • Year: 

    2020
  • Volume: 

    15
  • Issue: 

    2 (112)
  • Pages: 

    29-52
Measures: 
  • Citations: 

    0
  • Views: 

    139
  • Downloads: 

    0
Abstract: 

The growing threat of pornography and its devastating effects on the family, women, children and society, in general, have led various countries, including Iran and the United States, to criminalizing this phenomenon. According to Iranian criminal Law, some behaviours related to pornography have been criminalized with the approach of the absolute prohibition. In terms of means, pornography has both a visual aspect and an extension to the audio-visual content. With the spread of this phenomenon, the United States legal system has criminalized many behaviours in the field of child pornography and provided relatively severe punishments, including the death penalty and imprisonment. In the American legal system, child pornography is only a visual aspect and involves explicit sexual intercourse. In this study, in order to get acquainted with the various aspects of this phenomenon, the historical course of federal Laws and the elements of this crime in both legal systems are analyzed to identify the shortcomings in the rules and even eliminate those gaps. In this way, appropriate measures can be taken to address this global phenomenon.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 139

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    15
  • Issue: 

    2 (112)
  • Pages: 

    29-52
Measures: 
  • Citations: 

    0
  • Views: 

    2594
  • Downloads: 

    0
Abstract: 

The growing threat of pornography and its devastating effects on the family, women, children and society, in general, have led various countries, including Iran and the United States, to criminalizing this phenomenon. According to Iranian criminal Law, some behaviours related to pornography have been criminalized with the approach of the absolute prohibition. In terms of means, pornography has both a visual aspect and an extension to the audio-visual content. With the spread of this phenomenon, the United States legal system has criminalized many behaviours in the field of child pornography and provided relatively severe punishments, including the death penalty and imprisonment. In the American legal system, child pornography is only a visual aspect and involves explicit sexual intercourse. In this study, in order to get acquainted with the various aspects of this phenomenon, the historical course of federal Laws and the elements of this crime in both legal systems are analyzed to identify the shortcomings in the rules and even eliminate those gaps. In this way, appropriate measures can be taken to address this global phenomenon.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 2594

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    2
  • Pages: 

    191-218
Measures: 
  • Citations: 

    0
  • Views: 

    49
  • Downloads: 

    16
Abstract: 

Using fictional characters in the marketing and advertising of goods and services is one of the oldest and the best known form of merchandising with a multi-million dollar annual turnover. The fame and popularity of most fictional characters go far beyond their role in the original works which first featured. In addition, many characters are created outside the context of any particular work and may therefore remain without mechanism and Law protection. So, ensuring fair protection to the creators and their owners against unauthorized profit from their creativity is necessary. This paper seeks to answer the question whether it is possible to delineate a position for fictional characters to pursue their independent lives from primary works in legal systems? To answer this question, through a descriptive and analytical approach and by following American Law, the authors try to examine the capacity of copyright and trademark systems and the situation which characters enter into the public domain. Undoubtedly, explaining how to protect the fictional characters and their creators, as well as, exploring other aspects of this right, such as identifying infringement criteria and the public domain's contribution to these rights, in addition to assist the jurisprudence, will enhance cultural activities and augment the richness of Iranian legal literature.

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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