ضمان

Open Access Article

1 - Feasibility Study Of Resale In Iranian Law In Comparison With The Convention On The International Sale Of Goods
Seyedeh Maryam Asadi nejad

After the contract of sale, if the seller remains with the seller not only should the seller protect the seller, but he is also responsible for the exchange guarantee, while the seller and its benefits and representations belong to the customer. In addition, the costs o More

After the contract of sale, if the seller remains with the seller not only should the seller protect the seller, but he is also responsible for the exchange guarantee, while the seller and its benefits and representations belong to the customer. In addition, the costs of maintaining the seller from the time of concluding the contract until the time of delivery or loss will be borne by the seller and this will cause an imbalance in the contractual relationship between the seller and the customer.In response to this question, what is the solution to prevent damages in the Convention on the International Sale of Goods and in Iranian law?It should be said that one of the non-judicial and conventional solutions to create this economic security and to prevent any possible damage to the resale system is mentioned in some international regulations, including the Convention on the International Sale of Goods.According to the provisions of the convention, it is possible to resell without dissolution, and in our regulations, such a thing is not clearly stated, but on the contrary, for resale, the contract must be dissolved first, then resale or it will be possible to transfer it. Manuscript profile

Open Access Article

2 - Delivery of Goods for Future Transaction and Its Guarantee Based on Imamiyah Jurisprudence and Positive Laws (ius positum)
Seyed Mohammad Sadeq Mousavi Maryam Pourtoluei

When a commodity is submitted by the owner to the other party for future transaction, the mutual relations can be in the form of contract, unilateral obligation or mere authorization. Therefore, the nature of this relationship depends on the intention of the parties and More

When a commodity is submitted by the owner to the other party for future transaction, the mutual relations can be in the form of contract, unilateral obligation or mere authorization. Therefore, the nature of this relationship depends on the intention of the parties and there is no obstacle according to Sharia law to it. The practice has some effects and it is necessary to identify these effects in order to determine the type of relationship of the transactors and arbitration between them. Guarantee on damage or loss of the commodity is one of the guarantees that in view of some jurists is the owner’s obligation, while some consider it that of the receiver. However, since the owner delivers the commodity to the other party upon his will, it is unlikely to consider the receiver responsible unless in wasting commodity or in encroachment. Therefore, guaranteeing the commodity in case of damage or loss is on the owner. Upon evaluation of various views on the nature and impact of the said institution, in this paper all aforesaid views can be taken as one. In this case, the probable problems for the traders in this area will be removed and the ground will be prepared for a fair arbitration between them. Manuscript profile

Open Access Article

3 - Criminal Sanction of infringement of Trade Secrets, in the imamiyya Jurisprudence, Iranian and united states Laws
ali bigzadeh Jafar Kousha seyed bagher mirabbasi

Trade secrets are among the most valuable branches of intellectual property, which, like material possessions, need to be protected from any aggression or abuse of individuals. Therefore, the preservation and protection of trade secrets has led most developed and develo More

Trade secrets are among the most valuable branches of intellectual property, which, like material possessions, need to be protected from any aggression or abuse of individuals. Therefore, the preservation and protection of trade secrets has led most developed and developing countries to formulate special legal rules for the criminal protection of this valuable asset. In this article, following the disclosure of intellectual property, trade secrets and its taxes, and some concepts related to this issue, and finally the evaluation of the criminal protection of trade secrets from the perspective of Imamiyya jurisprudence, the rights of Iran and the United States have been investigated. The results indicate that the opposition of the jurisprudents to the principle of intellectual property protection lacked legal reasoning and did not explicitly mention the criminal law, and that Iran's right to full protection of trade secrets was ineffective and weak, but American law and practice in this country have a favorable criminal law protection for any kind of infringement of trade of the development of this article.secrets. Manuscript profile

Open Access Article

4 - Examining contract termination in Iranian law by comparative study with the principles of international trade agreements
Masoumeh Ghadirian Mozafar Bashokouh Alireza Lotfi Dudran

The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate interna More

The upward trend in the internationalization of contracts, especially international business contracts, requires the adoption of laws in harmony with other well-known legal systems. To avoid problems due to differences in the methods and methods used to regulate international trade, the coordinator internal regulations are imperative with the passage of laws and other regulations. Regarding this issue, the present article deals with the comparative analysis of the guarantees of violations of contractual obligations in Iranian law and the principles of international trade agreements with the aim of explaining the rules governing the guarantee of implementation and its implementation with domestic law. Problems and issues related to the performance of contractual obligations are a series of substantive issues, and the most important part of the contracts is the guarantee, which is described in the Unidroit principles in chapter seven, which is discussed in the treatise. The performance bonus that is presented in most legal systems In case of violation of contractual obligations, they can be resorted to out of three categories. At first sight, it may require the execution of the same contractual obligations from the obligated party. The second one can request alternative compensation from a committed one, which is usually done by paying money and finally, it can cancel the contract, which seeks to examine the distinction and sharing of the guarantees of violations of contractual obligations in Iranian law and the principles of international commercial contracts. According to the research, despite the many similarities between the two, differences it is also seen that they are not so important and can be adjusted by using other institutions in Iranian law. Manuscript profile

Open Access Article

5 - Obligations of the Adopter Couples towards the Adopted Child and the Enforcement of it in the Iranian Legal System with a Comparative Study in English Law
Marjan Arastooie

Child Adoption is an effective entity in terms of improving the living standards of homeless and abused children and couples or people without children, as well as in terms of positive social reflections. In this regard, high support of the adopted child will be necessa More

Child Adoption is an effective entity in terms of improving the living standards of homeless and abused children and couples or people without children, as well as in terms of positive social reflections. In this regard, high support of the adopted child will be necessary by regulating the obligations of guardians and enforcement of them. Obligations of guardians in Iranian law include transferring part of the property, the provision of child expenses, life insurance for the child and custody and good behavior and not to commit acts leading to disqualification, which in case of violation of each one according to the relevant rules will lead to the termination of the adoption, the change of the custody order and the compensation of the damages to the adopted child. In English law, on the other hand, there is a complete adoption system, according to which the relationship resulting from adoption is fully consistent with the legal relationship between the children and their biological parents, which reduces the distinction between the obligations of biological and non-biological guardians. But, in recent laws, a kind of incomplete adoption under the name of ‘Special Guardianship’ with specific obligations has also been identified in this country. In English law, due to the guardian's obligations, which include alimony, care and decision-making in the affairs of the adopted child, there is a guarantee of performances such as obliging and guiding the guardian to perform legal duties and the possibility of prosecution in case of child abuse. Also, according to the judicial procedure and the emphasis of the law on the principle of the material and spiritual well-being of the child, contrary to the rule, in very special and exceptional circumstances, formal adoption can be terminated. Manuscript profile

Open Access Article

6 - The impact of conflicting transactions on bank mortgages
Alireza Anabi Faezeh Jahanimoghadam

The continuous expansion of real estate buying and selling has led to some profit-seeking individuals abusing this field, resulting in the increase of crimes such as fraud, illegal transfer of property, and conflicting transactions. Criminal penalties such as fraud and More

The continuous expansion of real estate buying and selling has led to some profit-seeking individuals abusing this field, resulting in the increase of crimes such as fraud, illegal transfer of property, and conflicting transactions. Criminal penalties such as fraud and illegal transfer of property are explicitly stated in the law and a specific legal process has been considered for these types of crimes. However, conflicting transactions are somewhat complicated due to ambiguities in the text, and there is no clear legal process for dealing with such crimes. In the banking system, conflicting transactions have also caused problems in the system, particularly due to the absence of a unified legal process for dealing with conflicts between official mortgage documents and ordinary sales documents. This lack of legal clarity has made official documents unreliable, leading to harm to the banking system and providing a platform for abuse by facilitators. On the other hand, the priority of official mortgage documents over ordinary sales documents has increased the credibility of official documents, but it has also caused harm to the buyer. This article attempts to examine the impact of conflicting transactions on bank mortgages and the enforcement of these types of transactions in Iran's legal system. Manuscript profile

Open Access Article

7 - Identifying and prioritizing the challenges of export insurance and guarantee system
Bagher Adabi Firouzjaee

The risks of exporters in international markets are covered by insurance and guarantee products. Therefore, the main purpose of this study is to identify and prioritize the challenges of export insurance and guarantee of the Iran's exporters. This research is applied in More

The risks of exporters in international markets are covered by insurance and guarantee products. Therefore, the main purpose of this study is to identify and prioritize the challenges of export insurance and guarantee of the Iran's exporters. This research is applied in terms of purpose and descriptive-survey in terms of methodology. The statistical population includes two groups of exporters (current and former customers of the Export Guarantee Fund of Iran) and from each group 90 exporters are selected based on Cochran sampling Technique. Then, the challenges of customers in using export insurance and guarantee are extracted through theoretical and empirical studies as well as credit insurance experts. Furthermore, a questionnaire (consists of 34 components) is prepared and its validity and reliability is confirmed by experts and Cronbach's alpha respectively. After that a questionnaire is distributed among selected exporters and analyzed by SPSS software. The most important challenges are related to the lack of exchange rate coverage program, low capital adequacy of Iran Export Guarantee Fund, non-acceptance of documents such as project progress and product purchase contract, instability of macroeconomic variables (such as exchange rate and inflation fluctuations), policy inconsistencies between public export credit institutions (such as export Guarantee Fund Iran and the Export Development Bank of Iran), restrictions on the issuance of foreign exchange guarantees for getting loans from foreign institutions, and weak financial relations between the export Guarantee Fund Iran and export credit agencies or other international institution. Finally, some policy implication are presented in three approaches of content (such as Establishing of foreign exchange hedge system and country risk reduction via an executive plan codification), behavioral (including facilitating the issuance process of insurance and guarantee services and setting the preferential insurance premium for SMEs) and structural (such as creating a special export insurance and guarantee program for SMEs and coordinating the activities of the Export Guarantee Fund and the Export Development Bank). Manuscript profile

Open Access Article

8 - Application of Evidences on Liability against Deception in Supporting Consumers
Rohullah Zarchipour

After developments in urban life and industrialization of manufacturing sector that came to the disadvantage of consumers, supporting consumer rights has always been a concern of lawmakers. The obscurity of jurisprudential fundamentals attesting to support of consumer r More

After developments in urban life and industrialization of manufacturing sector that came to the disadvantage of consumers, supporting consumer rights has always been a concern of lawmakers. The obscurity of jurisprudential fundamentals attesting to support of consumer rights, uncertainty over lack of establishing justice between the producer and consumer, and fears over disappointment of producers stand as major obstacles to support this group. This paper is devoted to application of evidences on liability against deception in line with supporting the consumers. These evidences help the person sustaining loss or damage in consequence of deceit to resort to liability against deception. As a result, a consumer with no knowledge of product specifications and deprived of required information on product use due to complexity of the manufacturing process, who has sustained loss or damage, shall receive due support. There are three advantages to consumer’s resorting to evidences on liability against deception: a) In addition to contractual relationships, these evidences are applicable to non-contractual relationships as well; b) They are invokable to losses such as destruction of property and infringement of rights; c) According to the evidences, deceit, knowingly or unknowingly, is a liability to consumers. Resorting to evidences on liability against deception paves the path for joint liability between producers and the chain of vendors which turns to be in favor of the consumer. Manuscript profile

Open Access Article

9 - Capability of issuing conditional cheques; A criticism to article 3 of Cheque Issuing Act modified at 1382/06/02
فرشاد فرازمند

The autonomy principle in payment and guarantee instruments such as Letters of Credits, Demand Guarantees (Bank Guarantees), Bills, Promissory Notes and Cheques have become one of the inseparable characteristics, to the point that it constitutes the nature of these in More

The autonomy principle in payment and guarantee instruments such as Letters of Credits, Demand Guarantees (Bank Guarantees), Bills, Promissory Notes and Cheques have become one of the inseparable characteristics, to the point that it constitutes the nature of these instruments. Most countries laws and international conventions have identified the principle in their rules. Autonomy principle increases payment certainty remarkably so that any excuse, exterior from payment relationship cannot block payment procedure. On the other side the execution of the principle in absolute and inflexible manner can cause issuer (The person who is responsible for payment) to be harmed where the beneficiary is not entitled to pay rightfully and fairly. One of the ways which could reduce the absoluteness of autonomy principle and make it flexible is possibility of predicting conditions which acts as a complementary for autonomy principle in different rules and reduces harmful and unfair consequences of absolute application of autonomy principle. By comparatively study the provisions of various payment and guarantee instruments, In this research, we are trying to consider that are cheques, as a common payment and guarantee instrument among people, possible to be issued with conditions or not. Manuscript profile

Open Access Article

10 - Identifying and prioritizing the challenges of export insurance and guarantee system
باقر ادبی فیروزجائی

Bagher Adabi Firouzjaee Abstract One of the governments' policy for export development is to cover political and commercial risks through the issuance of export insurance and guarantees products by export credit Agencies (ECA). In Iran, this plan is done by The More

Bagher Adabi Firouzjaee Abstract One of the governments' policy for export development is to cover political and commercial risks through the issuance of export insurance and guarantees products by export credit Agencies (ECA). In Iran, this plan is done by The Export Guarantee Fund of Iran (EGFI). The evidence indicates that the value of export insurance and guarantees product and also the number of exporters benefiting from them are low. Therefore, the main purpose of this study is to identify and prioritize the challenges of export insurance and guarantee products in the country based on the SBC approach. In addition, this study has been carried out by analytical-descriptive-survey method. In this approach after surveying of theoretical and experimental studies and obtaining the opinions of experts, the main challenges of exporters in using of export insurance and guarantee services are collected in the form of a questionnaire (including 34 component). After confirming its validity and reliability, the questionnaire was distributed among the selected exporters (current and former customers of the EGFI) and analyzed by SPSS software. The results of the questionnaire analysis indicate that, the exporters are faced with three types of challenges including content factors (such as the lack of exchange rate coverage, high risk of export destination countries, Obligatory credits of government and low capital adequacy of the fund), behavioral factors (restriction in foreign guarantees issuance, weak financial brokerage relations of the fund with foreign financial institution, lack of preferential insurance premiums, shortage of diversity of insurance instruments and weakness of electronic infrastructure) and structural factors (collateral problems, lack of policy coordination between the guarantee fund and Export Development Bank, lack of a comprehensive online risk map and Absence of export insurance and guarantee program for SME industries). Finally, some policy implication are presented in based on the three categories of factors mentioned. Manuscript profile

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