مجله حقوق خصوصی
پیاپی 14 (بهار و تابستان 1388)

The fact that a commercial company can have a nationality, as it is the case with regard to real persons, has not unanimously been accepted.The question was fIrst raised in 1958 before the "Tribunal des conflits" in France, where the said tribunal considered the matter as a "question de fait" meaning that any court or tribunal could make its decision according to its own standard based upon the circumstances of each case. Since then, the defInition of the word "nationality" and the method of its determination continue to give rise to discussion in doctrine as well as in jurisprudence. The objective of this article is to consider this subject in the light of national and intemationallaw.

At a superficial level it seems that owning a monopolistic right is in contrast with competitiveness of the market, and exercising this right will prevent the free trade from being competitive. But the truth is that the existence of monopoly is not always a violation of competition law to be harmful to the trade, quite the reverse, in some cases it interacts with principles of competition law, the combination of which may ensure the interest in trade and economy and eventually social welfare. Monopolistic intellectual property rights per se do not violate competition law. What makes these rights an obstruction of competition is the misuse of exercising them by their owners. Therefore the control and surveillance of monopolistic rights of individuals by public laws seems to be necessary in order to preserve competition laws and put them into practice.

Though the embryo donation is recognized as one of the methodsof infertility remedy, and the Act of donation way of embryo to an infertile couple has been approved in Iran, it seems that the Act is imperfect in various fields, as an example the legal nature of embryo donation. There have been suggested various and sometimes contradictory interpretations on embryo donation. Therefore, for removal of the ambiguity and also to settle and arrange the legal relations between the parties of this position, in this article, the embryo assigned by the owners of gamete and its legal nature in comparison with contract of settlement, contract of mandate, contract of donation and private contracts, have been examined. Consequently, the legal relations and rights and duties of the parties shall be specified.

After occurring massive crimes at countries such as Rwanda and primer Yugoslavia, several courts started to prosecute criminals. For former Yugoslavia, ICTY and for Rwanda domestic courts, Gacaca, foreign domestic courts were prosecuting the crimes. This approach caused that international criminal law plays a completely different role compared to internal law. Pursuant to development of international criminal law and establishment of the new courts such as special court of Sierra Leon, it has been used a mixture of international criminal rule with domestic criminal rule in the structure of new courts. The advantages of this new judicial system have been appreciated by both U.N. and other responsible international organizations as well as by states in their territory the crimes have occurred.

One of the important discussions in the science of principles of jurisprudence is generalization and restriction. Implication of generality from proper nouns and sentences is through premises of wisdom. There are different viewpoints about generic nouns in terms of conventionality of their reference to generality or their being based. on premises of wisdom, like proper nouns and sentences. Premises of wisdom are to arrive at generalization through the following five conditions: possibility of generalization and restriction, being in the position of exposure, absence of mood, absence of definite scope in conversation, existence or non-existence of insiraf. Insiraf means inferring a specific meaning from a generic word and not to implying the basic meaning which is general. Does this turning away inhibit generality of the speech? What is its quality and what kinds of it are there?

One of the most important issues in the occultation age that has been discussed by Islamic jurists is whether the implementation of Hudod punishment is allowed during the occultation age of infallible Imam or not. The jurists have different opinions about this issue that we could generally categorize such opinions into three groups. the majority of jurists believe in the permissibility of performance of punishments; some believe in impossibility; and some others refrain from expressly saying yes or no. As a conclusion that is reached by examining these opinions, it can be declared that as a principle the implementation Hudod is permitted if they are enforced by a fully qualified jurist during the occultation age of infallible Imam. But if the performance of some punishments in certain circumstances would cause some hate among public opinions about Islam and its rules, and consequently would result in the weakness of religion basis

It is expected that the legislator should pass only clear and unambiguous laws. Although the legislators do their best at codification and approving the laws, there would be some ambiguities while executing them and therefore they require some interpretation.Interpretation of laws is a very difficult task and it requires a systematic and logic method and the judges and lawyers should not interpret them arbitrary. Therefore, an idea has come out that a law should be passed to provide the principles and rules of interpretation, but it has its own difficulties. In this article we discussed for the view that lawyers themselves should interpret the laws with a logic reasoning by employing principles and foundations of interpretations.