Roya Ghafari; Mohammad Abedi; Abdollah Khodabakhshi Shalamzari; Sayyed mohammad mahdi Ghabooli dorafshan
Abstract
In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account ...
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In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account all actors and activists. This instrumental approach promotes the triple goals of prevention, distribution of damage and compensation. The condition of compensable loss such as predictability and directness and certainty and non-compensation of loss in legal analysis is based on fairness, ethics and justice. Every loss cannot be considered claimable, civil liability must have a logical and fair limit and an unlimited liability cannot be tolerated. In economic analysis, the reduction of the final cost determines the characteristic of compensable loss and compensability of any loss is not reasonable and efficient. The economy is a guide in determining the fault of the harmful act by providing an objective criterion and makes the relationship of causality, contrary to the conventional concept, efficient, and. This relationship exists between the loss and the factor that avoids with less cost
Seyyed Hossin Tahami; Sayyed Mohammad Mahdi Qabuli Dorafshan; Saeed Mohseni; azam ansari
Abstract
This paper, from the point of Economic Analysis of Law and by the descriptive-analytical method, has studied the effect of the prevalence of pandemic diseases such as Covid-19 on the performance of contractual obligations. Since many different contracts may be affected by pandemic outbreak, the effect ...
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This paper, from the point of Economic Analysis of Law and by the descriptive-analytical method, has studied the effect of the prevalence of pandemic diseases such as Covid-19 on the performance of contractual obligations. Since many different contracts may be affected by pandemic outbreak, the effect of pandemic outbreak cannot be assessed under one subject and with a specific sanction. Therefore, the legal status of contracts affected by this disease has been examined under the "impossibility to performance the obligation", "hardship" and "frustration". Considering to the possibility of a new purpose for contract law in the contemporary world, entitled "economic efficiency", some principles related to economic analysis of law, such as "efficient allocation of risk" and "efficiency criteria", especially the Pareto efficiency and Caldor-Hicks efficiency, have been considered in order to select a proper and efficient sanction. Also, some applicable sanctions including "legal deferral", "fair deadline", "Suspension of contract", "modify the contract", "Revoke" and "dissolved", has been reviewed separately; so that while observing the legal principles, the most economically efficient sanctions has been considered for each specific situation. The possibility of sharing damages, under the title of "efficient allocation of risk" between the parties, is also one of the issues under consideration in some special sanctions.
Sayyed Mohammad Mahdi Qabuli Dorafshan; Hamid-Reza Danesh Nari; Ali Saatchi
Abstract
Trade secrets has an important role in economic growth and development of economic competition. However ,one of the challenges in this sphere is the emergence of economice spionag. Increasing growth of economic espionage causes to emerge a new phenomenon which is called information terrorism. So the ...
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Trade secrets has an important role in economic growth and development of economic competition. However ,one of the challenges in this sphere is the emergence of economice spionag. Increasing growth of economic espionage causes to emerge a new phenomenon which is called information terrorism. So the mechanism of protection of the trade secretsincivil and criminal law is necessary for economic growth and protection of intellectual creaters.
This study using analytical – descriptive, analayses protection of trade secret in civil and criminal law in the americam and iranian legal systems.
Findings of this study shows that protection of trade secret in iranian legal system, is challenged. The lack of special civil rules and introduction to general principles and sporadic criminalization of trade secret theft whitout attention to penological approaches, are some challenges. On the other hand, according to comparative findings, the a merican legal system by using reasanable civil and criminal rules seeksfurther tosupportholders of trade secrets.
Sayyed Mohammad Mahdi Qabuli Dorafshan; Saeed Mohseni
Abstract
The protection of creditors and making suitable security for their rights will result in their trust for the investment and will lead to the briskness of the trade and economic growth. One of the most important problems is the protection of creditors against contracts that debtors conclude them with ...
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The protection of creditors and making suitable security for their rights will result in their trust for the investment and will lead to the briskness of the trade and economic growth. One of the most important problems is the protection of creditors against contracts that debtors conclude them with the intention of escape from the payment of their debts. In this study the validity of these contracts is examined in a comparative study of the French, Iranian and Shiite legal systems. The French law provides the possibility of fraud action for the protection of the creditors against above-mentioned contracts and the action, with some conditions, can make these contracts incapable of been invoked against the creditors. In the Iranian law, with due attention to 40th principle of the Constitution and the reasoning behind the article 65 of the Civil Act and La Darar rule we can consider such contracts voidable. The latter sanction is stronger than the above-mentioned French sanction and protects the creditors so better. However, it is notable that in the Iranian law, the specific provisions in special Acts in the ground must be followed.
