University of Tehran Private Law 2008-840X 10 2 2013 10 23 The comparative study of contradiction between third party’s privacy and exercising intellectual property in cyber space The comparative study of contradiction between third party’s privacy and exercising intellectual property in cyber space 183 209 51414 10.22059/jolt.2013.51414 FA Jalil Ghanavaty Associate Professor, Department of Private law, College of Farabi, University of Tehran, Qom,Iran Hossein Javar Assistant Professor, Department of Private law, Hazrate Masumeh University, Qom,Iran Ali Taghikhani Ph.D Student in Private Law, College of Farabi , University of Tehran, Qom,Iran Journal Article 2013 07 24 Application of IPR and the right of investigation about the claim of its infringement, need issuing some protective orders. Mostly, this is for avoiding destruction of evidences which can be effective in proving the right of the plaintiff. <br /> The purpose of this study is to find out how can protect the third party’s right of privacy in the process of IPR enforcement. <br /> In common law, there are two important and distinctive rules; first, an order as a temporary order known as “Anthon Piler” to explore “identity disclosure” and second, the rule mentioned in “Norwich Farmacall”’s case which is used for “identity disclosure”. Reviewing in norms and conditions of issuing primary investigations, distinction between disclosure of identity and information, restricting the identity and information disclosure scope, and precaution in issuing shifting orders are some of efforts which are done to protect privacy and balancing the earlier mentioned rules. In Iran’s law, gathering information which is possessed by intermediators without using judicial orders are considered as crimes relating to tracking communications. Tracking, disclosure or using the content of communications is against the principle and is just authorized in specific and restricted situations. Application of IPR and the right of investigation about the claim of its infringement, need issuing some protective orders. Mostly, this is for avoiding destruction of evidences which can be effective in proving the right of the plaintiff. <br /> The purpose of this study is to find out how can protect the third party’s right of privacy in the process of IPR enforcement. <br /> In common law, there are two important and distinctive rules; first, an order as a temporary order known as “Anthon Piler” to explore “identity disclosure” and second, the rule mentioned in “Norwich Farmacall”’s case which is used for “identity disclosure”. Reviewing in norms and conditions of issuing primary investigations, distinction between disclosure of identity and information, restricting the identity and information disclosure scope, and precaution in issuing shifting orders are some of efforts which are done to protect privacy and balancing the earlier mentioned rules. In Iran’s law, gathering information which is possessed by intermediators without using judicial orders are considered as crimes relating to tracking communications. Tracking, disclosure or using the content of communications is against the principle and is just authorized in specific and restricted situations.

University of Tehran Private Law 2008-840X 10 2 2013 10 23 Discriminating Guarantee and It’s Legal Nature Discriminating Guarantee and It’s Legal Nature 211 237 51415 10.22059/jolt.2013.51415 FA Pejman Mohammadi Associate Professor, Department of law, College of Economic, Shahid Chamran University of Ahvaz, Ahvaz,Iran Ghader Shenivar Ph.D Student in Private Law, College of Law, Kharazmi university, Tehran,Iran. Journal Article 2013 08 23 The increase in the number of producers and manufacturers leads to various methods of attracting customers. One of the appropriate ways to attract customers is to provide them with post-sale support. To guarantee the quality of a product is one of the services according to which the seller is committed to change the problematic product. To analyze the legal aspects of guarantee makes it necessary to make guarantee in agreement with contracts. Analyzing guarantee according to contract and insurance ,reward is presented and it is concluded that the autonomous legal nature of it seems most probable. The increase in the number of producers and manufacturers leads to various methods of attracting customers. One of the appropriate ways to attract customers is to provide them with post-sale support. To guarantee the quality of a product is one of the services according to which the seller is committed to change the problematic product. To analyze the legal aspects of guarantee makes it necessary to make guarantee in agreement with contracts. Analyzing guarantee according to contract and insurance ,reward is presented and it is concluded that the autonomous legal nature of it seems most probable.

University of Tehran Private Law 2008-840X 10 2 2013 10 23 Precedent review in the trial of insolvency disputes Precedent review in the trial of insolvency disputes 239 264 51416 10.22059/jolt.2013.51416 FA Mohammad Rahmati Ph.D Student in Criminal law and Criminology, Azad University of Qom, Qom ,Iran Ayyoub Miri Precedent review in the trial of insolvency disputes Ali Akbar Farahzadi Associate Professor ,Department of Isamic Law ,University of judicial sciences and administrative services,Tehran, Iran Journal Article 2013 08 27 legislative concern has always been Prevent abuse by corporateو For debt obligations, which would avoid the payment of religion, sometimes has been resorted to imprisonment or detention. There are some ambiguities and lack of distinction between religion and did not provide a way to address claims of insolvency proceedings within the courts of the current law and on the other lack of attention to the law of jurisprudence caused Increasing procedural are debited prisoners acceptance ungracious or reject the insolvency case. legislative concern has always been Prevent abuse by corporateو For debt obligations, which would avoid the payment of religion, sometimes has been resorted to imprisonment or detention. There are some ambiguities and lack of distinction between religion and did not provide a way to address claims of insolvency proceedings within the courts of the current law and on the other lack of attention to the law of jurisprudence caused Increasing procedural are debited prisoners acceptance ungracious or reject the insolvency case.

University of Tehran Private Law 2008-840X 10 2 2013 10 23 Analysis of connection of Local Inquiry and Testimony Analysis of connection of Local Inquiry and Testimony 265 282 51417 10.22059/jolt.2013.51417 FA Mahdi Hasanzadeh Assistant Professor,Department of Private law, Faculty of Law, University of Qom,Qom,Iran 0000-0002-3851-6489 Journal Article 2013 09 25 In the Civil Procedure Act, Local Inquiry is explained in a chapter separate from Testimony, but for similarity of these two proofs, connection of them and criterion of separating them is disputable. In this article, we will study in one portion the role of Witness and Testimony conditions and in other portion, the role of number, sexuality, locality and ceremonies in separating of these proofs, and conclude; some of Testimony elements, like; to be based on certitude resulting from felt perception and necessity of intention of participating to proving of reality, on the one hand and the tie of local of action in Local Inquiry on the other hand, are factors that have the main role in separating these two proofs. But, in some instances, satisfy the titles of these two proofs and these proofs have common realm in addition to their allocated realms. In the Civil Procedure Act, Local Inquiry is explained in a chapter separate from Testimony, but for similarity of these two proofs, connection of them and criterion of separating them is disputable. In this article, we will study in one portion the role of Witness and Testimony conditions and in other portion, the role of number, sexuality, locality and ceremonies in separating of these proofs, and conclude; some of Testimony elements, like; to be based on certitude resulting from felt perception and necessity of intention of participating to proving of reality, on the one hand and the tie of local of action in Local Inquiry on the other hand, are factors that have the main role in separating these two proofs. But, in some instances, satisfy the titles of these two proofs and these proofs have common realm in addition to their allocated realms.

University of Tehran Private Law 2008-840X 10 2 2013 10 23 Freedom of the Subject-matter of the Contract Freedom of the Subject-matter of the Contract 283 312 51418 10.22059/jolt.2013.51418 FA Esmaeil Nematollahi Assistant Professor,Department of Private law, Faculty of Law, University of Qom,Qom,Iran Journal Article 2013 12 02 One of the requirements mentioned in Islamic jurisprudence for the subject-matter of the contract is its being free from other’s rights, and in view of this requirement, sale of such things as pledge and vaqf (property that is religious endowment) is forbidden.<br /> There is disagreement whether this requirement is an independent term or is deduced from preclusion of such sales. Iranian civil Code does not mentioned the requirement but some of its instances could be found in its sections as well as in other Acts.<br /> This article tries to show that freedom of the subject-matter of the contract is a general requirement for all contracts and failure to comply with it could result in the invalidity of contract. One of the requirements mentioned in Islamic jurisprudence for the subject-matter of the contract is its being free from other’s rights, and in view of this requirement, sale of such things as pledge and vaqf (property that is religious endowment) is forbidden.<br /> There is disagreement whether this requirement is an independent term or is deduced from preclusion of such sales. Iranian civil Code does not mentioned the requirement but some of its instances could be found in its sections as well as in other Acts.<br /> This article tries to show that freedom of the subject-matter of the contract is a general requirement for all contracts and failure to comply with it could result in the invalidity of contract.

University of Tehran Private Law 2008-840X 10 2 2013 10 23 Confidentiality of arbitration international trade Confidentiality of arbitration international trade 313 347 51419 10.22059/jolt.2013.51419 FA Bahram Taghipour Assistant Professor, Department of Private Law, Kharazmi University, Tehran,Iran Journal Article 2014 01 18 Arbitration is a private justice for the settlement of disputes in the international trade. By reason of number of benefits, international traders prefer the arbitration in relation to the justice tosettle their disputes. Confidentiality is one of those benefits. Here, there are some questions: is there any source in international commercial judgment that indicates the confidentiality of judgment? And what are the scope & the sanction of this obligation? Comparative study of international commercial law shows that they don’t have unified approach for the existence or source of this obligation. In fact proving this obligation in the absence of explicit agreement between the beneficiaries is a major problem. Some legal systems, this obligation is denied.  In this article, it’s attempted to demonstrate this obligation as an implicit condition of contract and to specify the sanction. Arbitration is a private justice for the settlement of disputes in the international trade. By reason of number of benefits, international traders prefer the arbitration in relation to the justice tosettle their disputes. Confidentiality is one of those benefits. Here, there are some questions: is there any source in international commercial judgment that indicates the confidentiality of judgment? And what are the scope & the sanction of this obligation? Comparative study of international commercial law shows that they don’t have unified approach for the existence or source of this obligation. In fact proving this obligation in the absence of explicit agreement between the beneficiaries is a major problem. Some legal systems, this obligation is denied.  In this article, it’s attempted to demonstrate this obligation as an implicit condition of contract and to specify the sanction.

University of Tehran Private Law 2008-840X 10 2 2013 10 23 Right of Disclosure of artwork (a comparative study in Iranian law and French law) Right of Disclosure of artwork (a comparative study in Iranian law and French law) 349 380 51420 10.22059/jolt.2013.51420 FA Saeid Mohseni Associate Professor , Department of Law , Ferdowsi University of Mashhad Mashhad-Iran Seyyed Mohammad Mahdi Ghabuli Dorafshan Associate Professor , Department of Law , Ferdowsi University of Mashhad Mashhad-Iran Journal Article 2014 02 09 Right of disclosure of artwork is one of the moral rights of author. According to that right, author entitled to decide about whether the artwork be published for public or not. Mentioned right has expressly laid down in French law in order to protect of author rights and character. We can also deduce it from Iranian law. For the purpose of improving Iranian law related to that right, this research has been studying on the ways of execution, termination and influences of the mentioned right in French law in compare with Iranian law while it has explained the definition and dominion of the right of disclosure. In respect of this research’s conclusion, the right of disclosure is a unilateral legal act and it needs to declare the intention and it also requires personal consent of author. The right of disclosure which is terminated by applying once, leads author to his economic rights. Therefore it can’t be seized for economic exploitation before execution of the right. The right of disclosure can affect the author’s contractual obligations, although it isn’t able to discharge the author from adverse party’s loses and remedies. Right of disclosure of artwork is one of the moral rights of author. According to that right, author entitled to decide about whether the artwork be published for public or not. Mentioned right has expressly laid down in French law in order to protect of author rights and character. We can also deduce it from Iranian law. For the purpose of improving Iranian law related to that right, this research has been studying on the ways of execution, termination and influences of the mentioned right in French law in compare with Iranian law while it has explained the definition and dominion of the right of disclosure. In respect of this research’s conclusion, the right of disclosure is a unilateral legal act and it needs to declare the intention and it also requires personal consent of author. The right of disclosure which is terminated by applying once, leads author to his economic rights. Therefore it can’t be seized for economic exploitation before execution of the right. The right of disclosure can affect the author’s contractual obligations, although it isn’t able to discharge the author from adverse party’s loses and remedies.