مجله حقوق خصوصی
پیاپی 30 (بهار و تابستان 1396)

After exploration and production operation in an oil or gas field comes to an end, decommissioning of facilities and installations becomes inevitable. Difficulty of this process results from unprofitability of the field and duty to financing the decommissioning costs at the same time. This fact that the decommissioning process starts when the field is unproductive, falls host states and international oil companies in vague conditions in respect of decommissioning costs. Unlike many developed countries, in oil exporting countries such as Iran, there is no suitable legislative framework for dealing with the different aspects of decommissioning process. For this reason, the contractual terms are used to cover this deficiency. This article, first examines contractual arrangements governing decommissioning process and rights and obligations of each party in this area and then analyses the Iranian oil contracts in compliance with examined arrangements.

There are philosophical discussions about original acquisition of property right. Acquisition of intangibles encounters criticism. Original acquisition of ideal objects or intangible is the enquiry here. The purpose of this essay is not just interpretation of codes but philosophical and theoretical analysis that will help understanding acquisition of intangibles. This research can be used for amendment of article 140 of Iranian civil code. Study of possession of the tangibles may help derivation of its equivalent about intellectual property. Different approaches sometimes consider subject mainly and sometimes value added by labor. Each of them leads to different conclusion. Based on the first, registering and specificato and according to latter occupancy are identified.

Intellectual property exchange international which places in United States, is the first financial exchange market based on granting non-exclusive license that established in last decade for commercializating intellectual properties, whether industrial property law or literary-artistic property law.
Analyzing in Librarian resourses shows that This organization based on two fundamental principles named transparency and efficiency, and create such space that intellectual properties traded on standardized conditions and market-based price that this leads to reasonable and fair price-discovery in an open market.
So right holders and also intellectual property applicants could obtain their contractual desired by spending low expense and time.Although taking part in this exchange market have several advantages, it also has disadvantages for sellers and buyers.So that the purpose of this paper is, with accurate studing the different aspect of intellectual property exchange international, to analysis the market and comparing with Iran intellectual property market.

Egg shell skull rule has been established by England court at 1901 and acceded to other common law country system. According to this rule, tort feasor should compensate all damages to injured person even it be more than common and foreseeable. This rule has been applied about physical and collateral loss by England court at various judges. However, intervening causes and contributory negligence is a barred at its applying. At comparison to Iran and Islam law, should been difference between losing and causality.at losing ,tort feasor should compensate all damages even those that are not been foreseeable but at causality foreseeability are applied.at final conclusion ,we will see that eggshell skull rule is applied only at causality.

In the last two decades, pension funds active in Iran are faced with several financial difficulties that many of them refer funds investment mechanisms. Nowadays, pension funds investment follows of several principles consist of clarity of objectives, balance of profitability and security, independence from government interferences and being Responsible Investment that has emphasized international organizations such as ISSA, OECD, ILO and World Bank on them. As regards following of these principles will cause strengthening of fund financial source and, ultimately, guarantee the rights of the insured, the pension funds follow of these principle in many country legal system. Nonetheless, reviewing and researching of Iran's pension funds problems shows these financial institutions have violated these principles in many cases. This essay that has been written with comparative approach, after explanation of the most problems of pension funds, shows that each of problems has violated or debilitated which principles governing on pension funds investment.

Because condition to the benefit of third party encounters privity of contract principle, it should be studied and discussed more, and its different aspects from the phase of signing a contract to execution, require much punctuality and discussion. One of the aspects of this subject which has been analyzed less is the effect of third party refusal or not accepting on the contract in which the mentioned obligation is regarded. Most of jurists have expressed their opinions about this subject without needed details. In this study the nature of acts that possibly emerge in third party beneficiary has been studied systematically and the effect of third party refusal or not accepting on each one has been discussed and analyzed. Not accepting or refusing a condition to the benefit of third party, considering the nature of the obligation as a condition or consideration might lead to rescission or creating annulment right, and in some cases it does not have any effect on a conditional contract.

The Fashion means new style and approach. But Within the meaning of the term, the fashion is sudden changing of the group of people style that means the tendency to perform certain behaviors or certain consumption in life on a temporary period.. In French law, the history of fashion goes back to 1806 and the special protection of the dress and aesthetic creations as an example of fashion, from 1902 onwards, has officially been raised. In addition to the adoption of specific legal texts after the aforementioned period, pursuant to paragraph 14 of article L-112-2 of Book V of intellectual property law (article L-511-1 onwards), products related to textile industry seasonal, designs and models as an example of the scope of topics related to fashion, are protected. In Iranian law, in addition to adaptability protectable examples in law of the authors rights, composers and artists in 1348 and the Law of Patents, Trademarks and Industrial Designs Act 1386, under article 4 of the Law Organizing Fashion and Dress Act of 1385 "designs and patterns productions based on Iranian-Islamic symbols protected by the rights of authors and industrial property rights.

Enter into of every international contracts is the confluence of different legal systems that these differences lead to challenges and uncertainties regarding the governing law. Therefor we need instruments to materialize two principles of speed and security in such contracts. Among these instruments, unified conflict of law rules could be a guide for the parties, arbitral tribunal and courts of justice in determining the governing law.
These rules bring an end to claims of different legal systems to govern the contract, make predictable the rights and obligations of the parties, prevent conflicting interpretations through unification of rules on conflict of laws and prevent imposition of stronger party law to the weaker party and so on. But these rules are not free from criticism. For example all of the related legal systems do not participate in codification of these rules equally.