University of TehranPrivate Law2008-840X71620100321The Criteriavfor Determining the Governing Law on Obligations of the Commercial InstrumentsThe Criteriavfor Determining the Governing Law on Obligations of the Commercial Instruments53224062FANejad AliAlamsiMahdiHoseinzadeh0000-0002-3851-6489Journal Article19700101Determining the governing law on obligations of the commercial instruments ,and what criteria existsfor determining the governingin law inthe case of their mutual agreement or silence , is one of the most significant problems with which the investigator faces. In this article, it was attempted to examine the theories used for Determining the qualified law of obligations of the commercial instruments so as to remove the defect of the rules of Irans conflict resolution in terms of governing law over such documents , and it was proved that to resolve the conflicts related to the governing law occurring at International level , instead of exerting one law on all obligations in one document, it is possible to use various laws in a bid to create a single rule for removing the conflict. Also, in exerting the principle of governing will determination in determining the governing law it has been proposed that article 968 of the civil code be recognized as optional or be amended and the disturbing and disorganizing expression ((foreign nationals)) be omitted from the above mentioned article.Determining the governing law on obligations of the commercial instruments ,and what criteria existsfor determining the governingin law inthe case of their mutual agreement or silence , is one of the most significant problems with which the investigator faces. In this article, it was attempted to examine the theories used for Determining the qualified law of obligations of the commercial instruments so as to remove the defect of the rules of Irans conflict resolution in terms of governing law over such documents , and it was proved that to resolve the conflicts related to the governing law occurring at International level , instead of exerting one law on all obligations in one document, it is possible to use various laws in a bid to create a single rule for removing the conflict. Also, in exerting the principle of governing will determination in determining the governing law it has been proposed that article 968 of the civil code be recognized as optional or be amended and the disturbing and disorganizing expression ((foreign nationals)) be omitted from the above mentioned article.University of TehranPrivate Law2008-840X71620100321The Interpreatration and Execution of Treaties in Internal LawThe Interpreatration and Execution of Treaties in Internal Law335224063FAFarhadKhammami-zadehJournal Article19700101In their to implement international treaties – as the most important source of international law – member states are likely to face two questions:
1. As regards the interpretation of the concerned treaty, with whom does the competency and jurisdiction rest an international judicial authority or specific authorities of the member state? In the latter case, which authority will enjoy such competence: the executive power or domestic courts? While the intervention of the executive power may lead to injustice, exclusive competence of domestic courts may lead to an interpretation causing international responsibility and liability of the member state.
2. If there is a conflict between domestic law9s0 of the member state and (a provision of) the treaty signed by this state, which one would prevail? May the treaty abrogate the domestic law already enacted? May the treaty provision(s) be abrogated by a later enacted domestic law?In their to implement international treaties – as the most important source of international law – member states are likely to face two questions:
1. As regards the interpretation of the concerned treaty, with whom does the competency and jurisdiction rest an international judicial authority or specific authorities of the member state? In the latter case, which authority will enjoy such competence: the executive power or domestic courts? While the intervention of the executive power may lead to injustice, exclusive competence of domestic courts may lead to an interpretation causing international responsibility and liability of the member state.
2. If there is a conflict between domestic law9s0 of the member state and (a provision of) the treaty signed by this state, which one would prevail? May the treaty abrogate the domestic law already enacted? May the treaty provision(s) be abrogated by a later enacted domestic law?University of TehranPrivate Law2008-840X71620100321Legal Analysis of Nature of E-MoneyLegal Analysis of Nature of E-Money538324064FAEbrahimAbdipoorJournal Article19700101Electronic money that defined as stored-value on an electronic device and at present time is last phase of gradual evolution of money, is described as process of immaterialization and being invisibility of money. It is new phenomenon that in economic view has potential for play the roles of money and its functions. For analysis of legal nature of this phenomenon two approaches can be adopted. First approach is to analyse nature of e-money as kind of money. Second approach is to analyse nature of e-money in viewpoint of not monetary theories and to describe it in form of legal institute that used in commerce. E-money is whatever is a payment system and variety of viewpoints arise from their differences in description and analysis of process of operation of this payment system. Our research is based on this theory that e-money according to its issuers and its acceptor and quality of its issue process and circulation has different legal nature and effects.Electronic money that defined as stored-value on an electronic device and at present time is last phase of gradual evolution of money, is described as process of immaterialization and being invisibility of money. It is new phenomenon that in economic view has potential for play the roles of money and its functions. For analysis of legal nature of this phenomenon two approaches can be adopted. First approach is to analyse nature of e-money as kind of money. Second approach is to analyse nature of e-money in viewpoint of not monetary theories and to describe it in form of legal institute that used in commerce. E-money is whatever is a payment system and variety of viewpoints arise from their differences in description and analysis of process of operation of this payment system. Our research is based on this theory that e-money according to its issuers and its acceptor and quality of its issue process and circulation has different legal nature and effects.University of TehranPrivate Law2008-840X71620100321New Prospective on Drilling ContractsNew Prospective on Drilling Contracts8511224065FAMohsenSafariMostafaBaharizadehJournal Article19700101Today’s energy reauiraments have produced an increase in drilling activities all around the world. Among this situation is the fact that all the operators are trying to minimize cost without reduction in quality. So, they are looking for new types of contracts between all drilling companies, contractors and suppliers until that with make agreement between them have successful operations. In this paper, we will try to present some traditional types of drilling contract (turnkey drilling contract) together with advantage and critique of them and finally some experience of operators in choosing new types of drilling contract will be said. These type of drilling contract based on “Bouns-Penalty” that may be called new foster drilling contractToday’s energy reauiraments have produced an increase in drilling activities all around the world. Among this situation is the fact that all the operators are trying to minimize cost without reduction in quality. So, they are looking for new types of contracts between all drilling companies, contractors and suppliers until that with make agreement between them have successful operations. In this paper, we will try to present some traditional types of drilling contract (turnkey drilling contract) together with advantage and critique of them and finally some experience of operators in choosing new types of drilling contract will be said. These type of drilling contract based on “Bouns-Penalty” that may be called new foster drilling contractUniversity of TehranPrivate Law2008-840X71620100321The Position of Accusation in TestimonyThe Position of Accusation in Testimony11315624066FAAliIzadifarMohammadGhanbarzadehHosseinKaviarJournal Article19700101Although day by day value of testimony as proof of evidence in civil and criminal affairs be reduced, Iranian law by inspiration from Islamic jurisprudence is considered valid. On the other hand it will be severed in qualifications of witness and testimony. Because, anyone can not neglect the court by relying on unreliable witnesses.
One of important qualifications of witness is "cancelation of accusation in testimony". This qualification is stipulated in jurisprudence extensively and in law by mention of sense.
In paper, we survey the senses of accusation in testimony after mention of concept, by analysis of signs of Quran, traditions, jurist's viewpoints and statue articles.Although day by day value of testimony as proof of evidence in civil and criminal affairs be reduced, Iranian law by inspiration from Islamic jurisprudence is considered valid. On the other hand it will be severed in qualifications of witness and testimony. Because, anyone can not neglect the court by relying on unreliable witnesses.
One of important qualifications of witness is "cancelation of accusation in testimony". This qualification is stipulated in jurisprudence extensively and in law by mention of sense.
In paper, we survey the senses of accusation in testimony after mention of concept, by analysis of signs of Quran, traditions, jurist's viewpoints and statue articles.University of TehranPrivate Law2008-840X71620100321The Comparison of Concept and Function of Public Order in International Law System and National Legal SystemsThe Comparison of Concept and Function of Public Order in International Law System and National Legal Systems15718424067FAMahdiHaddadiJournal Article19700101In every community, higher values and interests have a special position. In the form of the concept of public order, national legal systems support these higher values and interests against the individual interests and freedom. In these systems, the function of public order is to limit contractual freedom and to prevent from enforcement of foreign law and awards.
Although the international community still has not quiet been developed and has not an independent entity such as national communities, it has higher values and interests of its own. International law system, despite its contractual nature, can by international public order limits individual freedom of states. Although this system due to lack of evolution and its nature whish is different from national legal systems, is not able to absorb all concepts and principles of national legal systemsIn every community, higher values and interests have a special position. In the form of the concept of public order, national legal systems support these higher values and interests against the individual interests and freedom. In these systems, the function of public order is to limit contractual freedom and to prevent from enforcement of foreign law and awards.
Although the international community still has not quiet been developed and has not an independent entity such as national communities, it has higher values and interests of its own. International law system, despite its contractual nature, can by international public order limits individual freedom of states. Although this system due to lack of evolution and its nature whish is different from national legal systems, is not able to absorb all concepts and principles of national legal systemsUniversity of TehranPrivate Law2008-840X71620100321Security Council and Military Intervention in Libya: Protection of Civilians and Setting up a No-Fly ZoneSecurity Council and Military Intervention in Libya: Protection of Civilians and Setting up a No-Fly Zone18520524068FASeyed AhmadTabatabaeiJournal Article19700101Demonstrations in Libya in February 2011 were cruelly cracked down by the military forces of Gadhafi regime and the cities which were under the control of protestors were bombed by heavy arms and airplanes. The opposition groups, the League of Arab Nations and some countries demanded the Security Council to protect Libyan civilians. The SC in its resolution 1970 adopted some sanctions against the Libyan regime. In the second step, by adopting resolution 1973, the SC authorized international community to protect civilians in Libya even through military operations and to establish a no-fly zone. This paper explores the legal aspects of the SC resolution 1973 including the legitimacy of the use of force despite the principle of "no intervention in internal affairs of the UN member states", the commanding of the military operations under this resolution, and the extent of the authorized military operations.Demonstrations in Libya in February 2011 were cruelly cracked down by the military forces of Gadhafi regime and the cities which were under the control of protestors were bombed by heavy arms and airplanes. The opposition groups, the League of Arab Nations and some countries demanded the Security Council to protect Libyan civilians. The SC in its resolution 1970 adopted some sanctions against the Libyan regime. In the second step, by adopting resolution 1973, the SC authorized international community to protect civilians in Libya even through military operations and to establish a no-fly zone. This paper explores the legal aspects of the SC resolution 1973 including the legitimacy of the use of force despite the principle of "no intervention in internal affairs of the UN member states", the commanding of the military operations under this resolution, and the extent of the authorized military operations.