Principles Governing the Efficient Laws from an Economic Analysis of Law
Nejad
Almasi
استاد دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
Behnam
Habibi Dargah
دانشجوی دکتری حقوق خصوصی پردیس قم دانشگاه تهران
author
text
article
2012
per
The law is important on point of law and economic movement. In fact, one of the production in the field of fiction markets is law and regulations. In the literature of law and economic, there is different between two laws. Means that , we ought to distinguish between efficient and inefficient laws. So, there are some characteristics relation to efficient laws. This characterics are effect in the process of enforcement of law. Some of them are includes transparency, rationality, validity, accessibility and so on. In this article , we try to show that welfare social or established balance system are based on the efficient law.
Private Law
University of Tehran
2008-840X
8
v.
19
no.
2012
5
24
https://jolt.ut.ac.ir/article_30136_53b80edc6a0e402eae04a7d80ac5eb6e.pdf
dx.doi.org/10.22059/jolt.2013.30136
Delivery of Goods more than Provided in the Contract (A Comparative Study in Iranian Law, International Sale of Goods Convention and English Law)
Fakhroddin
Asghari Aghmashhdi
دانشیار دانشکده حقوق و علوم سیاسی دانشگاه مازندران
author
Mahdi
Ala
کارشناس ارشد حقوق خصوصی دانشگاه مازندران
author
text
article
2012
per
The seller must deliver the goods in conformity with the contract. One of cases of conformity is its conformity with the contract in terms of quantity. Namely, the seller must deliver the goods that are equal with the specified amount in the contract. In practice, the delivered goods may be larger than the amount specified in the contract. In Iranian law, where the goods are larger than contractual quantity, two presumptions are imaginable. If the quantity has secondary aspect, the contract will be recoverable by the seller. But, where quantity is essential, the excess will belong to him. In English law, where the seller delivers a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. In Convention, the buyer may take delivery or refuse to take delivery of the excess delivery.
Private Law
University of Tehran
2008-840X
8
v.
19
no.
2012
25
52
https://jolt.ut.ac.ir/article_30137_3f28246d4b2e6650aaf6e96cf9b37d28.pdf
dx.doi.org/10.22059/jolt.2013.30137
The Procedure Related to Forcible Occupy Litigations
Hamid
Abhari
دانشیار دانشکده حقوق و علوم سیاسی دانشگاه مازندران
author
Maryam
Akbari
کارشناس ارشد حقوق خصوصی دانشگاه مازندران
author
text
article
2012
per
According to article 158 of civil procedure act, forcible occupy litigation consists of the claim of previous possessor on the base of another person has occupied the immovable property that has been in his possession without his consent and he ask recover of his possession on that property. Forcible occupy litigation has been foreseen for supporting of possessions of human for holding social security and therefore this litigation has special rules in hearing, sentencing and execution of verdict. In this article, we consider procedure related to forcible occupy litigation for recognizing it’s special rules.
Private Law
University of Tehran
2008-840X
8
v.
19
no.
2012
53
84
https://jolt.ut.ac.ir/article_30138_feb2a186abce445cb7ebe13bb0185aff.pdf
dx.doi.org/10.22059/jolt.2013.30138
Protection of Trade Marks against Unfair Competition
Mahmoud
Bagheri
دانشیار دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
Zahra
Babaie
دانشجوی دوره دکتری حقوق عمومی دانشگاه تهران
author
text
article
2012
per
The law of prohibition of unfair competition prohibits any deed or action which is against the normal competition in the market. Before emergence of special laws for protection of intellectual property rights, including trademarks, such right could be protected either by tort law claims or law of unfair competition. However, the law of prohibition of unfair competition covers a wider area than trademarks and intellectual property rights. Nonetheless, the emergence of special rules and laws for protection of intellectual property rights has not made the use of laws of unfair competition obsolete. The law of prohibition of unfair competition functions as a supplementary mechanism for protection of intellectual property rights such as trademarks. The reason for this is that the special rules on protection of intellectual property rights are not always available as they offer protection when certain conditions are met. In those cases where the special rules are not available, then the law of prohibition of unfair competition could be relied on to protect trademarks.
Private Law
University of Tehran
2008-840X
8
v.
19
no.
2012
85
102
https://jolt.ut.ac.ir/article_30139_92860b6ce674995160be81ed496358a2.pdf
dx.doi.org/10.22059/jolt.2013.30139
The Right to Personal Security and Providing It Through the Nahjolbalaghe
Mohammad Hadi
Kaviani
دانش آموخته دکتری حقوق عمومی، پردیس قم دانشگاه تهران
author
text
article
2012
per
The security is a divine grace with which a person can live commonly and peacefully, by enjoying a secure situation. The right for enjoying this situation is called, the right of security. Considering the implication between supporting the of security and taking the individual right, the most important benefit which a person gets in this situation, is his ability to perfome and to take his own right. In deed, creating security means creating an opportunity and a special situation for protecting individual rights against threats imposed upon people, particularly by the government and it is officials.The governmental strategy of Imam Ali for providing this right is to provide for people and inspire a perception (to them) in terms of which no threats face people by the government and it is officials. Imam does this by issuing conclusive orders to officials, and by warning, reproaching and punishing them, if they have not observed people.
Private Law
University of Tehran
2008-840X
8
v.
19
no.
2012
103
136
https://jolt.ut.ac.ir/article_30140_650ca10f175b0686b6ca6ed8ff41ce48.pdf
dx.doi.org/10.22059/jolt.2013.30140
To Study Electronic General Services in Iranian Legal System
Mohammad
Rezaeizade
دانشیار دانشکده حقوق و علوم سیاسی دانشگاه تهران
author
Sohrevard
Zereshkian
دانشجوی کارشناسی ارشد حقوق عمومی دانشگاه تهران
author
text
article
2012
per
Law is the follower of social changes and its final main aim is to make law system of relation resulted from. Simultaneously by human social improvements in the field of communication in recent decades- which calls the present age the age of communication- a concept names electronic government has formed and has changed the model of general services presentation. The entrance of technical information and communication has influenced law field and had made modern law problems. With a law point of view this article is studied some of the important problems resulted from the presentation of general services and also has studied how these services formed in Iran law system based on management rules of country services. To achieve this goal despite of studying law principles dominated such general services on this model I have also studied the state of such principles in rules and present procedure in our country.
Private Law
University of Tehran
2008-840X
8
v.
19
no.
2012
137
168
https://jolt.ut.ac.ir/article_30141_2218e850c206f12bd48e5d95d82c7e59.pdf
dx.doi.org/10.22059/jolt.2013.30141
The Juridical Laws of the Child is Born from Replacement Womb
Assadolah
lotfi
دانشیار گروه فقه و حقوق دانشگاه بین المللی امام خمینی(ره)
author
Saleh
saadat
دانشجوی دکتری فقه و حقوق اسلامی دانشگاه یاسوج
author
text
article
2012
per
One of the modern phenomena in human societies is having children from a rented womb in which the woman who is owner of the womb, bears sperm of another person in her womb and after spending pregnancy period, delivers the newborn child to the couple owning the gamete on based on presigned contract. There are a few statements In the juridical laws of many countries among them Iran concerning this subject, so this essay is going to consider the juridical orders and laws for these persons including identification of lineage, inheritance, making will, alimony and guardianship of them on based on pertaining jurisprudence and judicial sources. Another goal of this essay, is preventing of giving to birth of without identity and sometimes without guardian child in the society. At the end of this essay some suggestion is given about making lawful of this issue in Islamic republic of Iran laws in making laws area.
Private Law
University of Tehran
2008-840X
8
v.
19
no.
2012
169
195
https://jolt.ut.ac.ir/article_30142_161fbd412b9af1588e0a2d583f3bb7f3.pdf
dx.doi.org/10.22059/jolt.2013.30142