فصلنامه پژوهش حقوق خصوصی
پیاپی 11 (تابستان 1394)

The adoption of Article 495 of new Islamic Penal Code has removed the ambiguity in determining physicians’ liability basis. In other words، it considers physicians’ civil liability on the basis of presumed fault. However، the questions are: What are criteria for this fault? On what basis، will judges make a judgment for liability or lack of liability of physicians? Iranian lawyers have not addressed these questions clearly and adequately. The general requirement of «Failure to comply with reasonable skill and care standards» had been mentioned by foreign lawyers and academics in leading legal systems for the purpose of recognizing physicians'' fault. Having said that، due to extensive criticisms، particularly by German lawyers، this criterion has challenged these legal systems. As a result، the «objective fault» criterion is gradually changing to «a relative fault» criterion. It means that in recognizing the fault، the reasonable physician’s behavior is not the only criterion and other similar physicians are also the pattern for recognition of his fault.

Fair competition in the market provides benefits to both consumers and society. However, in some cases, competitors adversely affect the commercial interests of each other by resorting to illegal methods. Such a competition in which competitors use illegitimate means is regarded as illegitimate and unlawful. In order to clarify the nature of unfair competition, this paper examines the concept of unfair competition and its various instances. For a better understanding, it also compares the concept of unfair competition with some relevant institutions.

Globalization of law is an incontestable reality. It is a major concern, which can be justified not only from structural, conceptual and legal values perspectives, but also in terms of the legislative patterning realm. Laws of Islamic Nations cannot remain unaffected from this reality. The basis of viable regulation and legal conceptions in European systems, and generally in the West, has a humane rationality nature. Thus, from substantive perspective, globalization can be considered to be a kind of threat to laws of Islamic Nations, since in Islamic law, humane rationality is not the sole basis for the credibility of legal values, conceptions and structures. Here, it is assumed that globalization can be viewed as an opportunity, and the adoption of Unified Islamic Civil Code by following European Civil Code pattern may be regarded as an example of this opportunity. Nevertheless, the establishment of European Civil Code and an Islamic Civil Code encounters many challenges. By analysing these challenges, this article aims to present some solutions.

The trend of globalization causes an increase in the rapid and convenient movement of persons, goods and products resulting in legal challenges that involve foreign elements. One of the legal relations is concerned with product liability derived mainly from tort. An increase in the movement of persons and goods lead to an increase in product liability claims, and the frequent shipment of goods to distant points makes an increase in claims against foreign suppliers inevitable. The choice of law rule applied by courts with respect to claims arising from a tort committed abroad has remained static for about threequarters of a century. Attempts have been made to find a connecting factor that would better fit the circumstances giving rise to such damage claims. The aim of this paper is to analyze the surrounding issues and policies that govern product liability action.

چکیده [English] “Terms of Reference” is one of the important documents that should be produced in some international arbitration. There are various views regarding the question of whether the terms of reference is a new arbitration agreement or is just a procedural requirement in the process of arbitration. However, it is a separate document which differs from the arbitration agreement. Terms of references is commonly known as a feature of arbitration Under International Chamber of Commerce Rules of Arbitration and could also be seen in some other arbitration rules. According to ICC Arbitration Rules, it is compulsory for the parties and the arbitral tribunal to set the Terms of Reference, but under some other arbitration rules, such as Japan Arbitration Association, it is optional. Terms of references should be prepared and signed by the parties and arbitrators as soon as the file is handed over to the arbitral tribunal. The main function of this document is to determine the issues on which the arbitral tribunal should concentrate during the arbitral proceeding. This paper examines content and legal status of Terms of reference in commercial arbitration and concludes that the Terms of References could, to a great extent, facilitate and increase efficiency and accuracy in both institutional and ad hoc arbitration

These days, because of high costs for carrying out fundamental projects, foreign financing plays a fundamental role in economic development of developing countries, including Iran. A financier is seeking for a secure environment for investment in order to be able to secure its capital and to make a profit. For this purpose, the host State needs to provide a suitable environment from legal, moral and economic perspectives as well as in terms of security. In this regard, the role of the host State in providing stability and predictability, relating to economic, legal and political issues, is of particular significance. Financing barriers are not the same in all host states. This article deals with these barriers in Iranian law. It also considers different methods for foreign financing.