• List of Articles فسخ

      • Open Access Article

        1 - Resale of Goods in Convention on Contracts for the International Sale of Goods and Possibility of Its Justification based on Property Seizure of Debtor in Iranian Law and Jurisprudence
        Elham Shariati Najafabadi Abbas  Karimi
        Resale of goods, by virtue of the Article 88 of UN Convention on Contracts for the International Sale of Goods (CISG) is a non-judicial practice and an exception that in addition to preventing incurrence of losses, is a solution to the undecided state of contracts witho More
        Resale of goods, by virtue of the Article 88 of UN Convention on Contracts for the International Sale of Goods (CISG) is a non-judicial practice and an exception that in addition to preventing incurrence of losses, is a solution to the undecided state of contracts without having to nullify the previous contract. This paper intends to study the possibility of justification of this practice based on Iranian law. The author has applied an analytical, descriptive and comparative method to first understand the resale of goods according to the Convention, and identify similar institutions in Iranian law and jurisprudence. Seizure of property of debtor is among the cases that can justify resale of the property accordingly. Manuscript profile
      • Open Access Article

        2 - Ethical Analysis of a Comparative Study of the Rulings of Traditional and Electronic Contracts in Iran and Antitrust
          mahmoud erfani  
        commerce (electronic-commerce) is, in principle, a financial transaction in the context of interconnected electronic devices; therefore, it is not a new financial contract, but includes traditional transactions and contracts. Interference with electronic devices has onl More
        commerce (electronic-commerce) is, in principle, a financial transaction in the context of interconnected electronic devices; therefore, it is not a new financial contract, but includes traditional transactions and contracts. Interference with electronic devices has only changed the pillars of this contract. United Nation’s Commission on International Trade Law (UNCITRAL) has provided three important documents on e-commerce as follows: “ANCITRAL Sample Law on E-commerce”; “ANCITRAL Sample Law on E-signature”; “The United Nations Convention on the Use of Electronic Communications in International Contracts”. ANCITRAL sample law on e-commerce, major changes in communications, and in particular, in electronic and computer-based communications on trading, led ANCIRTAL to put the issue of electronic commerce on an agenda from the early 1980s. E-commerce consists of series of legal issues which finding an answer to them, in legal systems, is an irrefutable necessity. One of these issues is the termination of electronic contracts. Since the traditional contracts, in our country, are in their early stages, it is desirable to take advantage of the patterns that international institutions have put forward in this regard. Offering functional suggestions in relation to the topic can be considered as the goals specified in this study Manuscript profile
      • Open Access Article

        3 - 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

        4 - Structural evolution of the southern Natanz region and its role in the distribution and concentration of Pb-Zn mineralization
        Firouzeh Shavvakhi Saeed Madanipour M. Tadayon Ebrahim Rastad M.J. Kupaei
        The studied area is structurally located in the western part of the Central Iranian structural zone atthe southwestern termination of the Qom-Zefreh Fault. Our structural data represent the older generation of E-W to NW-SE trending thrust faults that juxtapose Permia More
        The studied area is structurally located in the western part of the Central Iranian structural zone atthe southwestern termination of the Qom-Zefreh Fault. Our structural data represent the older generation of E-W to NW-SE trending thrust faults that juxtapose Permian- Triassic (Nayband and Shotori Formations) over younger rock units. Most of the thrust faults have been crossed cut with the younger generation of the strike-slip fault system. Major thrust faulting of the area occurred during post Late Cretaceous time. The final post Oligocene strike slip faulting related to the activation of the Qom- Zefreh fault overprinted and crossed cut older structural features. Our economic geological studies in the south Natanz area represent syngeneic strati bond or Sedex-Like type Pb-Zn epigenetic occurrence of these deposits in Permian-Triassic carbonates and barite developed in the Lower Cretaceous carbonate and clastics. The ore deposit development in Permian-Triassic Carbonates have occurred along thrust faults and then redistributed along strike slip faults with normal component. Therefore, genetically, stratiform deposits developed in the Lower Cretaceous carbonates and clastics (Yazdan and Pinavand Ore deposit) occurred in a regional early Cretaceous extensional regime. However, epigenetic deposits developed in Permian-Triassic carbonates (Changarzeh deposit) were generated during the regional post Late Cretaceous compressional regime and redistributed during post Oligocene strike slip deformation. Manuscript profile