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Issue Info: 
  • Year: 

    1996
  • Volume: 

    20
  • Issue: 

    -
  • Pages: 

    235-235
Measures: 
  • Citations: 

    1
  • Views: 

    96
  • Downloads: 

    0
Keywords: 
Abstract: 

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

View 96

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Author(s): 

HORMOZI KHEYROLLA

Journal: 

PRIVATE LAW

Issue Info: 
  • Year: 

    2014
  • Volume: 

    2
  • Issue: 

    6
  • Pages: 

    161-191
Measures: 
  • Citations: 

    0
  • Views: 

    1372
  • Downloads: 

    0
Abstract: 

The purpose of adopting rules and regulation for the determination of courts’ Jurisdiction is to categorize duties of courts on the basis of Subject-Matter of disputes, crime and so on. In civil procedure rules, Jurisdiction is normally divided into Subjective-Matter, territorial and value Jurisdictions. There are situations in which courts are given competence, for specific purposes, to deal with a dispute, even though they do not have the above-mentioned Jurisdictions. This is called prorogation Jurisdiction. This article aims to examine Jurisdictional rules and prorogation Jurisdiction cases.

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

View 1372

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    25
  • Issue: 

    92
  • Pages: 

    199-224
Measures: 
  • Citations: 

    0
  • Views: 

    531
  • Downloads: 

    0
Abstract: 

The development of international trade law in the field of intellectual property results in the international disputes. Also intellectual property is being breached in non-contractual relationship. These facts cause disputes the Subject and parties of which are related to different countries. For example a trademark has been registered in Iran, is being used illegally on goods produced in Germany that are distributed in France. Which court is competent in this case? There is no international treaty on this Subject. So the extraction of rules should be done based on different documents relating to the other Subjects. National rules are often tacit or synoptic. Defendant’, s domicile/residence, the place of registration and the place of harmful act are the most important grounds of Jurisdiction in IP disputes.

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

View 531

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    3
  • Issue: 

    supplement
  • Pages: 

    141-160
Measures: 
  • Citations: 

    0
  • Views: 

    497
  • Downloads: 

    0
Abstract: 

Background and Aim: The principle of stability of litigation elements (Immutability Principle) requires that the elements of the litigation remain as stable as possible, and probable changes must be made within the framework of the regulations. In the present article, an attempt has been made to discuss various modifications on the Subject Matter of civil litigation and the rules governing it. Materials and Methods: In this article, research method is descriptive-analytical method and data collection has been made by library method. Ethical considerations: In writing this article, ethical and scientific principles have been observed. Results: Various legal methods of modifying the Subject Matter of claim, including increasing the claim, reducing the claim and changing the claim, are provided in Article 98 of the Civil Procedure Code. Since the elements of litigation must be established by the end of the first hearing, it is possible to increase or change the claim only up to the end of the first hearing, but reducing the claim in terms of its helpful effect on the defendant does not face the mentioned time limit. Conclusion: Increasing demand means increasing the amount of demand and entails a quantitative growth of the claim while decreasing demand is its opposite. Changing a demand means replacing a new demand instead of the damand inserted in the petition. If the increase or change of the demand is outside the prescribed deadline or does not meet the condition of unity of origin and connection with the original demand, will not be admissible by the court. Triple modifications on demand will affect the scope of the court proceedings and will also affect the ability to review or appeal. In addition, an increase in the claim will inevitably lead to an increase in the cost of the proceedings and a change in the claim may have such an effect according to the case.

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

View 497

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    12
  • Issue: 

    1 (23)
  • Pages: 

    137-168
Measures: 
  • Citations: 

    0
  • Views: 

    1944
  • Downloads: 

    0
Abstract: 

The existence of continuity and thematic relation between the verses of a surah is a characteristic of the Holy Qur'an. In this research, content analysis method was used to explore the discovery of the Subject axis in Hajj Surah. To do this, at first, the analysis of quantitative content, frequency of words, issues of verses and orientations was examined and according to the information obtained, most of the Hajj surah was related to the principles of religion with the highest emphasis on monotheism and divine authority In the second stage, considering quantitative analysis, we analyzed the qualitative content and the extracted topics were categorized in the form of six categories of The enemies of religion, believers, divine provinces, void Gods, religious and Islamic commandments, and Resurrection is classified. Finally, contrary to the allegations made, Hajj surah has a general axis, in spite of many issues, that is mentioned in verse 62.: " That is because Allah is the Truth, and that what they call upon besides Him, that is the falsehood, and because Allah is the High, the Great. ". A comparison has been made between the believers whose leaders are God with the disbelievers whose leaders are the void Gods.

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

View 1944

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Author(s): 

Firouzpour Kosar

Issue Info: 
  • Year: 

    2020
  • Volume: 

    11
  • Issue: 

    43
  • Pages: 

    27-40
Measures: 
  • Citations: 

    0
  • Views: 

    387
  • Downloads: 

    0
Abstract: 

The discovery of marine genetic resources has led to increase of the number of international maritime patent claims. Given the unique characteristics of these organisms, the genetic resources derived from these organisms have great potential in the medical field and for research and development in the fields of antioxidants, fungal treatments, AIDS, cancer, tuberculosis, malaria And antibiotics are of particular value. Given that most marine genetic resources exist in areas beyond the national Jurisdiction, so far, international law, including the Convention on Biological Diversity and the Convention on International Maritime Law, does not have the necessary and complete mechanism to regulate access and management of these resources. For this reason, the General Assembly, by issuing Resolution 292/69 in 2015, acknowledged the need for a new international agreement in accordance with the Convention on the law of the Sea in the field of conservation and sustainable use of biodiversity. In this paper, while examining the position of marine genetic resources in the international law system, we pay attention to the traditional knowledge and rights of indigenous peoples while exploiting genetic resources and the patent system and consider new international law innovations to resolve existing conflicts.

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

View 387

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Author(s): 

FERGUSON R.F. | WOMACK S.T.

Issue Info: 
  • Year: 

    1993
  • Volume: 

    44
  • Issue: 

    1
  • Pages: 

    55-63
Measures: 
  • Citations: 

    1
  • Views: 

    134
  • Downloads: 

    0
Keywords: 
Abstract: 

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

View 134

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Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    2 (16)
  • Pages: 

    67-76
Measures: 
  • Citations: 

    0
  • Views: 

    347
  • Downloads: 

    0
Abstract: 

Todays, banking exchange facilities is one of the new Islamic jurisprudence issues that its legal process arise within commutative contract and in way of exchange of real property in consideration of cash credit paper (money) and commercial negotiable instruments. Although this process has criteria such as legitimacy of motive of contract, proportion between inflation rate and credit paper rate and importance of time as a part of price, but non principled act of banking system in credit paper is issue that may deprive above mentioned papers from value and make formation of exchange contract as usury lending and as a result, confront monitory transferring with usury consequences. This research aims to study above mentioned papers financial value, descriptively and analytically. And briefly can be said that deprive of ownership character from these paper, cause usury in these contracts. And finally, has remembered statutory tests free interest banking with emphasis on need to take consideration to form of favourity of credit paper.

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

View 347

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Journal: 

Bioethics Journal

Issue Info: 
  • Year: 

    2015
  • Volume: 

    5
  • Issue: 

    17
  • Pages: 

    169-199
Measures: 
  • Citations: 

    0
  • Views: 

    1089
  • Downloads: 

    0
Abstract: 

One of the controversial Subjects in the context of intellectual property discourse is the use of patented inventions in research and experiment. Since the underlying knowledge and technology of an invention is a valuable source for furthering research and discoveries, many commentators hold the view that the scope of experimental use exception should be widened. Conducting a comparative study on a number of laws in four countries, this Article posits that such expansion and limiting the patent holders’ rights could upset the balance struck between the costs of inventing and patenting on the one hand, and exclusive rights, on the other hand. This would subsequently undermine the rationale of the patent system which is to encourage innovation. Thus, exceptions should be kept minimum and legal mechanisms which entail inventors’ authorization should be upheld.

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

View 1089

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Author(s): 

TALEB AHMADI H.

Journal: 

NAMEH-YE-MOFID

Issue Info: 
  • Year: 

    2004
  • Volume: 

    10
  • Issue: 

    3 (43 LAW)
  • Pages: 

    169-203
Measures: 
  • Citations: 

    1
  • Views: 

    3015
  • Downloads: 

    0
Abstract: 

According to Article 380 of Iranian Civil Code: "In the case of the bankruptcy of the buyer, if he has retained in his possession the actual object of the sale, the seller can reclaim it and he can keep the object sold provided it has not yet been handed over." This right of the seller is known as "option of taflis" in Islamic law. It can be found in Iranian Commercial Code too. In this article we study the definition, conditions, enforcement, etc. of this option in bankruptcy law.

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

View 3015

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