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Author(s): 

JONEIDI LAYA | KARIMI SAHAR

Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2015
  • Volume: 

    4
  • Issue: 

    1 (7)
  • Pages: 

    42-54
Measures: 
  • Citations: 

    0
  • Views: 

    2564
  • Downloads: 

    0
Abstract: 

Along with the increasing use of ELECTRONIC devices for CONCLUDING an international contract, the most international ELECTRONIC CONTRACTS are concluded in the circumstance which their parties aren’t present in a specific location. Since some of the most important characteristics of each contract are TIME and place in CONCLUDING followed by legal consequences, any country attempt to provide governing rules and regulations on TIME and place in CONCLUDING ELECTRONIC transactions. Thus, different solutions accepted in national legal systems are in contrast. As a result, codification of international instruments governing on ELECTRONIC contract rules was introduced. One of the instruments is UNCITRAL Convention related to Use of ELECTRONIC Communications in International CONTRACTS adopted by General Assembly of UN on 25 November 2005. If provisions of this convention are compared to Iran’s law about TIME and place in CONCLUDING ELECTRONIC CONTRACTS, it is concluded that; first, this convention hasn’t provided certain rules in some controversial issues and has assigned it to domestic legislature, and second, there aren’t any conflict between this convention, Iran’s ELECTRONIC commercial law and generally Iran’s domestic law.Accordingly, Iran’s accession to the convention do not cause serious mismatch between governing rules and regulations on this subject.

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Author(s): 

Khazaei Seyed Ali

Journal: 

COMMERCIAL SURVEYS

Issue Info: 
  • Year: 

    2022
  • Volume: 

    20
  • Issue: 

    112
  • Pages: 

    137-151
Measures: 
  • Citations: 

    0
  • Views: 

    86
  • Downloads: 

    8
Abstract: 

During the preliminary negotiations for CONCLUDING commercial CONTRACTS, it is possible that one of the parties does not content to the negotiations with the other party and at the same TIME, discuss the desired commercial contract with other persons; because parallel negotiations make it possible to obtain goods and services with more desirability. Acceptance and application of the principle of freedom of contract in the legal system of different countries requires that, in principle, a person who has conducted parallel negotiations not be held responsible. However, in some cases, the parallel negotiator may be held liable under the rules of the contractual or non-contractual liability. If in the preliminary negotiations, one or both parties have undertaken not to negotiate in parallel with the third party for a certain period of TIME, the non-fulfillment of this obligation will result a contractual liability. In the absence of such an obligation, fault in parallel negotiations can result non-contractual liability. Both types of liability, which are explicitly accepted in the law of some countries, such as France and Britain, are, as the case may be, compatible with the rules and principles governing contractual and non-contractual liability in Iranian law.

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Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2009
  • Volume: 

    38
  • Issue: 

    4
  • Pages: 

    25-35
Measures: 
  • Citations: 

    0
  • Views: 

    1091
  • Downloads: 

    0
Abstract: 

according to the civil code, article 663 every action accomplished out of his authority by agents among them the governmental managers is ineffective. But operating this article with respect to governmental CONTRACTS especially those which concern to act of state (act jure empirii) Creates undesirable effects and make the people distrust to the government and spoil the rights of the persons of good faith and ignorance. this problem can be solved by resorting to principle of preference of the public interest in interpretation of the governmental CONTRACTS, the theory of apparent proxy, and unity of basis of the commercial code with respect of violation their authority by the directors of the commercial companies and consequently to treat these CONTRACTS as defective.

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Author(s): 

RAHBARI EBRAHIM | REZAEE ALI

Journal: 

PRIVATE LAW STUDIES

Issue Info: 
  • Year: 

    2012
  • Volume: 

    41
  • Issue: 

    4
  • Pages: 

    159-178
Measures: 
  • Citations: 

    0
  • Views: 

    1431
  • Downloads: 

    0
Abstract: 

Developed technology, has enabled sophisticated computer software named as “ELECTRONIC agent” initiate and complete transactions without human intervention. Having considered the notion of ELECTRONIC agents, this paper is going to consider their legal nature and analyze treatments taken by writers, international instruments, national laws and legal procedures on ELECTRONIC agents. Finally this research makes clear that at present, software agent as a tool in CONCLUDING process of contract, needs some modifications and accordingly provides some solutions which can make it more efficient.

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Issue Info: 
  • Year: 

    2013
  • Volume: 

    77
  • Issue: 

    81
  • Pages: 

    65-92
Measures: 
  • Citations: 

    0
  • Views: 

    1088
  • Downloads: 

    0
Abstract: 

Survey of meeting option in ELECTRONIC CONTRACTS is one of The topics that rarely have been considered. In this paper, after examining the meeting option concept and its elements, we plan to survey this question whether the meeting option - in meaning of traditional sale - applies in ELECTRONIC CONTRACTS? If the answer to this question is positive, undoubtedly there is meeting option for the transacting parties. This hypothesis is parallel with the discussion of the rights of consumers.

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Issue Info: 
  • Year: 

    2004
  • Volume: 

    17
  • Issue: 

    1 (38)
  • Pages: 

    32-40
Measures: 
  • Citations: 

    0
  • Views: 

    942
  • Downloads: 

    0
Abstract: 

Statement of Problem: Radiography is the most common technique in working length determination, however, because of its limitations is not considered as an ideal technique. Its application, particularly for children due to radiation hazards, technical problems in young and unco-operative children and the superimposition of permanent teeth bud on primary teeth root, lead to numerous problems.Purpose: The goal of this study was to evaluate the accuracy of an ELECTRONIC apex locator (EAL) in working length determination of primary teeth. Materials and Methods: In this in-vitro study 96 canals of the extracted primary teeth, with at least 2/3 of the root length remained, were investigated. There were no obstructed canal, previous root canal therapy and perforation of pulp chamber floor. All working lengths were also measured by radiography. The results of Raypex 4 and radiography were compared with actual root canal lengths determined by direct observation. The applied EAL, in this study was called Raypex 4, a new device belonged to the fourth generation (Ratio Type). The results were analyzed by Chi-Square and Pearson correlation statistical tests.Results: The accuracy of Raypex and radiography were 61.5% and 63.5%, respectively. The differences between Reypex 4 root canal length measurements and those of direct observation were not significant (P=0.08), but such difference between radiography and direct observation was statistically significant (P=0.01). The diameter of the apical foramen (the site of canal opening) did not affect on Raypex 4 accuray (P>0.05).Conclusion: Considering the acceptable safetyness, Painlessness, simple and rapid application and an accuracy comparable to that of radiography, the use of Raypex4 EAL for the measurement of primary teeth length is suggested.

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Author(s): 

ELSAN M.

Issue Info: 
  • Year: 

    2005
  • Volume: 

    9
  • Issue: 

    36
  • Pages: 

    0-0
Measures: 
  • Citations: 

    3
  • Views: 

    2409
  • Downloads: 

    0
Abstract: 

Worldwide development of ELECTRONIC commerce is undeniable and joining this manner that facilitates trading and resulting fast communication, is one of the supplements of our Internet market. In this paper we discuss ways of ELECTRONIC offer and acceptance, TIME and place of contracting, validity and other requirements. The analysis of these subjects have been done by studying Iranian ELECTRONIC Commerce Law [ICEL], UNCITRAL Model Laws, Vienna Convention [CISG] and provisions of progressive countries in this area.

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Author(s): 

HABIBZADE TAHER

Issue Info: 
  • Year: 

    2010
  • Volume: 

    74
  • Issue: 

    71
  • Pages: 

    111-123
Measures: 
  • Citations: 

    0
  • Views: 

    1008
  • Downloads: 

    0
Abstract: 

In CONCLUDING ELECTRONIC CONTRACTS, many of legal issues imaginable in the real world can be posed; such that the same judgments can be made in both physical and ELECTRONIC cases and just the appearance may someTIMEs differ. Despite this, someTIMEs new cases are put forth that could not have occurred in the real world and their occurrence, due to the intrinsic characteristics of cyberspace, is restricted to ELECTRONIC CONTRACTS. One of the cases in which just the appearance has changed and traditional judgments still apply for ELECTRONIC instances, is misrepresentation.

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Author(s): 

Zohuri Somayeh

Issue Info: 
  • Year: 

    2025
  • Volume: 

    30
  • Issue: 

    82
  • Pages: 

    327-347
Measures: 
  • Citations: 

    0
  • Views: 

    50
  • Downloads: 

    0
Abstract: 

The civil law in many articles emphasizes the need for the competence of parties to the transaction and prohibits incompetent persons from CONCLUDING the transaction. Among the unqualified persons are minor (Saghir child) distinguished and fools who because they do not have the ability to distinguish their profits and losses, their transactions and possessions in financial affairs are considered invalid. However, despite this general ruling, the legislator has allowed them to acquire property without compensation in the final part of articles 1212 and 1214. The main reason for this ruling is that in accepting ownership without compensation, no harm will be done to the minor. Of course, this exceptional ruling is only valid for acquisition free CONTRACTS, and in non-acquisition free CONTRACTS, minor distinguished and fools are not eligible to accept the contract, because they may cause losses to themselves due to their lack of knowledge and awareness. On the other hand, if the contract of free acquisition includes the condition of exchange or obligation, minor distinguished and fool are no longer qualified to accept the contract. Because accepting this contract will lead to their involvement in their property and requires the involvement of their guardian. Therefore, this research, with a descriptive and analytical method, and with a jurisprudential and legal approach, deals with the expression of the eligibility of minors distinguished and fools in free CONTRACTS and states their eligibility or ineligibility.

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Author(s): 

Bagheri Asl Saeideh

Issue Info: 
  • Year: 

    2022
  • Volume: 

    3
  • Issue: 

    5
  • Pages: 

    121-132
Measures: 
  • Citations: 

    0
  • Views: 

    89
  • Downloads: 

    28
Abstract: 

One of the critical issues of ELECTRONIC CONTRACTS relates to their withdrawal. The essential question of recent research is which methods can withdraw ELECTRONIC CONTRACTS. The method of this research in finding mentioned question answers that the article on Iranian E-commerce code has put the base of comparative study for presenting the withdrawal methods of ELECTRONIC CONTRACTS and solving the existing ambiguity. It has acquired and presented the withdrawal methods of ELECTRONIC CONTRACTS on the strength of intellectual analysis and legal inference. It has been concluded that there are two physical and ELECTRONIC methods for cancelling ELECTRONIC CONTRACTS. Since this research is the first scientific search in issue and practical research, its results will be used by law scholars, attorneys, judges of courts, and arbitrators in interpreting the articles of the E-commerce code regarding withdrawal methods of ELECTRONIC CONTRACTS.

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