THE STUDY OF THE PARTICULAR OBLIGATIONS OF THE PUBLICATION CONTRACT UNDER ISLAMIC JURISPRUDENCE AND STATUTE LAW

Some legal systems such as the French system have provided some special forms for the contracts concerning the exploitation of the literary and artistic rights and also they have specified the rules and obligations concerning these contracts. The publication contract is of particular importance among other contracts. In the Iranian legal system, in spite of the recognition of literary and artistic rights and the intentional transfer of the pecuniary rights of the author, there are not special rules concerning the mentioned contracts and the relevant legal literature is not so reach in the field. The French legal system has provided some special rights and obligations that are proportional to the nature of the literary and artistic rights and the question is that whether such rights and obligations are acceptable in the Iranian legal system. On the basis of the findings of this research, some of those special rights and obligations are acceptable under the general rules of Iranian legal system and some of them can be recognized if they entered into the mutual consent.