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Author(s): 

Mulaee Ayat

Issue Info: 
  • Year: 

    2021
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    287-322
Measures: 
  • Citations: 

    0
  • Views: 

    213
  • Downloads: 

    0
Abstract: 

However, in the Iranian legal system, a legal entity called "administrative contract" has not been identified and despite the efforts of public law jurists, such a path has not gone well. But it seems that in Iran, in the shadow of the requirements of the modern state, some of the administrative Contracts here, specifically the mandatory ones, have been in place for decades, and promise to establish a law known in the Roman-German tradition as an "administrative contract. " The present article answers this question by understanding such importance: What are the grounds and problems of the birth of administrative Contracts through Compulsory Contracts in the Iranian system? In response to this question, using the research method descriptive-analytical, these results have been obtained. First,Compulsory Contracts in Iran are, in many cases, functionally the same as administrative Contracts. Second,Due to the occurrence of such a situation, one can hope for the legal recognition and establishment of administrative Contracts in Iran and in this way it got rid of the confusion that prevails in the current atmosphere. Third,Despite the legislature's railing for the birth of administrative Contracts in Iran, there are many obstacles in front of this legal institution in Iran. Fourth, The focus of these obstacles is in the view of the Guardian Council on the issue of the contract.

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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: 

    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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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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Journal: 

MANAGEMENT ACCOUNTING

Issue Info: 
  • Year: 

    2018
  • Volume: 

    11
  • Issue: 

    37
  • Pages: 

    29-40
Measures: 
  • Citations: 

    0
  • Views: 

    958
  • Downloads: 

    0
Abstract: 

This study explains the individual’s behavior toward profits and losses contained in differently framed combined incentive Contracts. Individual’s risk preferences and loss preferences are measured using Holt and Laury (2002) measure of risk aversion and Brink and Rankin (2013) measure of loss aversion, respectively. The last measure was adjusted with compensation characteristics in Iran. The relationship between these preferences and individual’s behavior under economically equivalent Contracts of different frames is examined using experiment. Participating 92 subjects as well as conducting four separate experiments, the result indicated that there is a negative relationship between loss aversion and accepatance of Contracts which have penalty component. Also, subjects preferred the first clawback contract (bonus> penalty) rather than the second clawback contract (bonus< penalty). In other words, Contracts framing as well as endowment effect play a vital role in individual choices. Failure of common economic theories in explaining of individual behavior is confirmed in this study.

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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: 

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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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Author(s): 

Akbari Meysam | Hajian Hani

Journal: 

Comparative Law

Issue Info: 
  • Year: 

    2021
  • Volume: 

    5
  • Issue: 

    1 (7)
  • Pages: 

    7-30
Measures: 
  • Citations: 

    0
  • Views: 

    86
  • Downloads: 

    0
Abstract: 

dissolved for any reason and the goods are in the hands of the buyer, he is obliged to return the goods,But if the other party refuses to receive the goods, in Iranian law, the solution that has been considered is to refer to the ruler to oblige the owner of the goods to receive. If the owner of the goods is not required to do so, the only thing that happens is the change of iodine to a safe deposit. In some legal systems, the solution is to resell the goods. One of the most important legal texts in this regard is the Convention on the International Sale of Goods. The study of the possibility of replay in Iranian law is the main question of this research, which has been addressed in a descriptive-analytical manner and with library tools. From the available data, it has been obtained that, firstly, in transportation Contracts in Iranian law, this issue has been explicitly accepted without any shortcomings. Secondly, regarding Compulsory resale, it is a matter of common sense that the trustee should resell.

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    143-178
Measures: 
  • Citations: 

    0
  • Views: 

    1368
  • Downloads: 

    0
Abstract: 

Energy Service Contract is an important method for energy saving. While taking some degree of risk, Energy Service Companies implement the energy-saving projects in the form of energy performance Contracts for energy consumers (clients). This kind of Contracts enjoy some new, subtle and different features. The question is whether this type of contract can be classified as a new contractual form? If not under which type of existing contract forms are they classified? In this paper, the framework of shared savings and guaranteed savings Contracts as the main types of energy performance Contracts is reviewed. Documents issued by the Ministry of Petroleum are compared to some certain Contracts, including sales, promise of reward, hire-purchase and partnership; it is concluded that this specific kind of contract, is not compatible with any of the definite contract types mentioned above. Hence these Contracts should be recognized under the principle of sovereignty and freeness of wills, Article 10 of the Civil Code. it is argued that these Contracts are not marred by the risk of loss, so they are not defying the specific terms of law. it is argued that the structure of shared saving Contracts is the same as of the reward contract under the definite Contracts.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    2
  • Issue: 

    2
  • Pages: 

    101-133
Measures: 
  • Citations: 

    0
  • Views: 

    2444
  • Downloads: 

    0
Abstract: 

Ensuring a healthy environment involves and protects human beings and besides enjoying this right man has a commitment to protect it. The need to pay attention to the environment should be considered in parallel with the productive activities as a pillar of sustainable development. With regard to the position that the oil industry has found in today's world it should not be overlooked for human and environmental damage and we should look for solutions to reduce these injuries. Oil operations such as exploration development exploitation transportation and oil refining on the environment have devastating effects that can be controlled and reduced by measures. In this regard governments try to reduce the environmental impact of oil operations by setting laws and regulations. In this paper the emphasis on compliance with environmental requirements and the preservation of human rights of the environment has been addressed by the review of environmental laws and regulations and oil issues.

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