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Issue Info: 
  • Year: 

    2022
  • Volume: 

    26
  • Issue: 

    104
  • Pages: 

    181-215
Measures: 
  • Citations: 

    0
  • Views: 

    86
  • Downloads: 

    23
Abstract: 

Although the Compulsory arbitration is not a new legal matter in Iran and many other jurisdictions, forcing the parties to insert the arbitration agreement in their Contract is both new in Iranian legal regime and unprecedented elsewhere. One of the most salient forms of such compulsion is perhaps the one in Article 20 of the Third Five-year Development Plan of Iran, where the legislator requires that the arbitration agreement shall be inserted in the Shares Ceding Contracts and duly signed by the parties. This new requirement of Iranian legislator, raises a number of new questions with regards to the nature and effects of such arbitration. In the current research paper, after reviewing the history of matter in Iranian legal regime and comparing it with some other jurisdictions, the writers attempted to discover the reasoning(s) of the legislator for such a questionable innovation. To this aim, the main concentration of the writers was on Article 20 of the Third Five-year Development Plan of Iran, as the most salient example of such Compulsory arbitration. The main question to answer was whether the jurisdiction of such an arbitration panel is arising out of the legislation (like other Compulsory arbitrations) or it could be considered as the parties’ intentions. The writers, for several reasons, concluded that Compulsory arbitrate by forcing the parties to include the arbitration agreement in the Contract, shall in no way be construed as Contractual arbitration, but it is the same as other Compulsory arbitrations, i. e. those by legislation.

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Author(s): 

AMINI MANSOUR | SEDAGHATI ALI

Journal: 

Legal Research

Issue Info: 
  • Year: 

    2011
  • Volume: 

    -
  • Issue: 

    55
  • Pages: 

    9-34
Measures: 
  • Citations: 

    0
  • Views: 

    2067
  • Downloads: 

    0
Abstract: 

Nowadays disruptions in the type of interactions and the level of independence have led to a transformation in the law of Contracts.The most significant of these manifestations is represented in the increasing number of limitations placed on the freedom of Contracts.In fact, in the modern society, owing to significant differences in the individual's bargaining power and disruption in the balance of Contract, on the one hand, and specialization of affairs, on the other, absolute deference to this principle would probably defeat its own purpose; not only will it not increase public welfare, but also it will worsen the hardships and difficulties facing consumers.In modern law, limitations are imposed on the freedom of Contract not only to prevent the making of Contracts harmful to society, but sometimes it also requires individuals to conclude a Contract or to accept the terms of the Contract or to choose the other party to the point of impinging on the freedom of individuals.Therefore, Compulsory Contracts are the result of limitations on the concept of the freedom of Contract and its territory is a function of the economic and social necessities of each country.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    33-42
Measures: 
  • Citations: 

    0
  • Views: 

    40
  • Downloads: 

    0
Abstract: 

Introduction: Arbitration has a Contractual nature and is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties and caused the Contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of Compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of Compulsory arbitration in Iran's legal system and the ethical challenges in it with a descriptive-analytical approach. Material and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed Conclusion: Based on the findings of the research, it can be concluded that Compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the right to action and judicial justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.

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Author(s): 

NEAM MOKHTAR

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2017
  • Volume: 

    47
  • Issue: 

    3
  • Pages: 

    551-570
Measures: 
  • Citations: 

    0
  • Views: 

    749
  • Downloads: 

    0
Abstract: 

Consumer right has totally appeared at postmodern law as a constitutional right and even as a legal principle. Therefore, the consumer right has moderated the sanctity of freedom of Contract and its constitutional value as a general principle of law. Waiving theoretical discussions, we are to study actually the decline of freedom of Contract and the rise of consumer right in the statutes and the courts decisions particularly in two important aspects of the consumer right: Compulsory Contracts and illegality of discrimination.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    1 (15)
  • Pages: 

    259-270
Measures: 
  • Citations: 

    0
  • Views: 

    1316
  • Downloads: 

    0
Abstract: 

Galbaghi tribe was one of the tribes of Ardalan family that settled in parts of Saral area from Safavid period onwards and it has gradually fallen into the context of historical developments. Galbaghi's caused insecurity in the area at various points and became a problem for local governors. The governors of Ardalan applied cross-cutting and Sectional policies to counter the Galbaghi's. But the coming of Reza Shah and the new centralized government in Iran was a turning point in Galbaghi's history and this government seeks to solve the problem of butterflies forever. In the present study, the history of Galbaghi tribe from their beginnings to their forced migration by Reza Shah is studied. The purpose of this study is to explain the way of life of Galbaghi's and historical developments of Galbaghi tribe. The main question of the research is why Reza Shah's forced migration of Galbaghi's. This research is based on descriptiveanalytical method. With the coming of the Pahlavi government and efforts to establish a new and permanent order in all parts of Iran, And adopting specific nomadic policies in this regard, It was necessary to make a decisive decision regarding the butterflies and their constant suppression (at least from the point of view of the new central government). The new, centralized, authoritarian government could not accept such turmoil and insecurity, and the reason why they were forced to leave was the same. That is why during this period many Galbaghi's moved to central Iran.

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Author(s): 

WALTON J.

Issue Info: 
  • Year: 

    2000
  • Volume: 

    8
  • Issue: 

    3
  • Pages: 

    146-154
Measures: 
  • Citations: 

    1
  • Views: 

    117
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    56
  • Issue: 

    2
  • Pages: 

    259-276
Measures: 
  • Citations: 

    0
  • Views: 

    50
  • Downloads: 

    11
Abstract: 

One of the conditions for the validity of a Contract is that the Contracting parties have the freedom to accept or reject it. For everything that is beyond the control of the will of one of the parties but forms a Contract, two separate definitions are provided, including reluctance Contract and emergency Contract, according to which the validity of the first one is conditional on the non-disclosure of the element of reluctance in it, but the second one is absolutely valid and enforceable from the point of view of the legislator. In these two cases, the reason for accepting the reluctance is personal circumstances. Whenever the insertion of coercion and reluctance in the Contract is due to the obligation to comply with public interest, in this research it is called "Compulsory Contract" and it is divided into primary and secondary Compulsory Contract according to the stage of inclusion of the element of coercion into it. The research examines the validity of such a Contract, which is essentially a negation of the "principle of freedom”.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    3
  • Issue: 

    1
  • Pages: 

    11-44
Measures: 
  • Citations: 

    0
  • Views: 

    2
  • Downloads: 

    0
Abstract: 

Intellectual property constitutes one of the key protected assets of foreign investors within host countries, as recognized in most international investment treaties. These treaties generally include provisions safeguarding the intellectual property rights of investors. However, such protections are not absolute; they may be subject to limitations imposed by the public interests of the host states. Incorporating exemption clauses into international investment agreements exemplifies such limitations. According to these clauses, actions undertaken by host countries to safeguard public interests are not deemed breaches of the investor’s rights. In practice, host countries often invoke such exemption clauses, frequently through measures like issuing Compulsory licenses, which impose restrictions on the intellectual property rights of investors. Such actions may be interpreted by investors as expropriation of their intellectual property, potentially giving rise to claims for compensation. This article examines whether, in accordance with the content of foreign investment treaties, international conventions, and domestic laws pertaining to intellectual property, a foreign investor is legally entitled to such claims. It also analyzes the likelihood of success, considering possible defenses that the host country might raise. Employing an analytical-descriptive methodology, this study concludes that the determination of such claims largely hinges on two factors: (1) the amount of royalty paid to the inventor, and (2) the specific language of exemption clauses within the investment treaties.

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Issue Info: 
  • Year: 

    2008
  • Volume: 

    11
  • Issue: 

    4 (TOME 54)
  • Pages: 

    131-164
Measures: 
  • Citations: 

    1
  • Views: 

    3623
  • Downloads: 

    0
Abstract: 

The present research attempted to explore the grounds for granting Compulsory licenses of intellectual property rights and the possibility of granting this kind of license in Iranian legal system. Granting of Compulsory licenses is possible both in the fields of copyright and industrial property rights. According to the related international instruments such as Paris Convention for the Protection of Industrial Property, Bern Convention for the Protection of Literary and Artistic Works, TRIPs Agreement and Rome Convention as well as the national laws of many countries, Compulsory licenses are granted generally in two grounds: when the right holder abuses his rights and when protection of public interests such as public health, national defense and correction of anti competitive practices are necessary. Apart from the draft of Iranian patent law and the draft of "Competition Enhancement and Monopoly Regulation", both of which are under review by the Islamic Parliament (Majlis), there are no specific provisions regarding the licenses. However, granting of Compulsory licensing may be legally acceptable with respect to Iran's membership in Paris Convention for the Protection of Industrial Property. The general rule of "prohibition of abuse of right" under the 40thprinciple of the Iranian Constitution Law may also be another legal basis for Compulsory licensing in the case of the abuse of monopoly rights by the IP right holders.

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Issue Info: 
  • Year: 

    2011
  • Volume: 

    13
  • Issue: 

    1 (50)
  • Pages: 

    161-198
Measures: 
  • Citations: 

    0
  • Views: 

    2780
  • Downloads: 

    0
Abstract: 

Regarding the role of automobiles in today's life and the increasing rate of accidents, liability due to traffic accidents has turned to become one of the most important issues in the related civil liability. Hence, law makers in many countries have attempted to ratify rules and regulations to clarify best the liability resulting from traffic accidents. The law of civil liability insurance of vehicle holders against the third party which suffered from lack of social, legal, and economic attentions was corrected and reviewed in 2008 which can be considered a great step forward.The present study tries to elaborate on different aspects of the law and the role of police in it.

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