فهرست مطالب محمد صقری

With the enactment of the Commercial Code in 1996, the custom of commercial usury during the constitutional period was abolished, and with the dissolution of the Commercial Court, only this bankruptcy became dominant only due to non-payment of debt at maturity. On the other hand, the late conclusion of the composition need, due to the lack of a preventive aspect to the bankruptcy order, practically failed to prevent the liquidation of the merchant's property. The rule of law of liquidation and attention to the interests of creditors also led to the neglect of other components such as factory maintenance and employment of workers and property rights of the debtor.

The research method is comparative-analytical and the data collection method is documentary research. The data analysis method is a descriptive-analytical approach.

In the bankruptcy regulations, efforts have been made to preserve the factory and to express the difference between stoppage and bankruptcy, but due to insufficiency and inconsistency with the provisions of the Commercial Code, it has not achieved much success in reviving crisis-prone factories. Examining the process governing the above-mentioned regulations and comparing it with the reconstruction institution confirms the necessity of changing the philosophy of bankruptcy law.

The commercialization of education in various countries of the world is on rise; however, many aspects of it are still unknown. One of the challenges is position of educational business in commercial law, especially in difficult economic situations such as downtime. The purpose of this paper is to analyze reconstruction of educational activities with an emphasis on commercial law in Iran and selected countries from a comparative perspective. Accordingly, the research method was comparative-analytical and method of data collection is documentary. Data analysis method is a descriptive-analytical approach according to Theisen, and Adams’ categories. The findings of study showed that educational business in Iran has several legal loopholes in terms of determining legal status in commercial law. The second finding reveals that there is disagreement between ministries and various organizations of Iran regarding business nature of educational activity. In this way, the various ministries disagree with each other in deciding on commercial issues - such as bankruptcy, stopping and rebuilding educational businesses - and follow different rules. In addition, the research findings show similarities and differences between Iran and France and the United States regarding to educational trade law. The common denominator of three countries is legislator's attention to continuation of business after bankruptcy with priority of main investor. The main difference is frequent referral of Iranian legislators to civil law to settle lawsuits between stakeholders. In view of these findings, it is proposed that an educational commercial law that is independent of commercial law and civil law be prepared and approved by legislators.

Today, one of the most important factors for attracting foreign investments is protecting the ownership of the foreign investor in the host country. The lack of respect for the foreign investor's ownership and the fear of violating it in various forms of expropriation, nationalization, confiscation and seizure of property has been the biggest concern for international commercial law. The present article, by explaining the status of private property, seeks to answer the question of whether the protection of the right to own foreign investors in the Islamic and Iranian legal system has been identified as a rule and principle. It is also desirable to know how to protect this right, while investigating the issues of sharing and differentiating in Iranian and international law in order to find out its weaknesses or strengths. The findings of this research, through library and analytical descriptive studies, show that the private property rights of foreign investors, in accordance with Islamic and Iranian law, can be fully respected. Meanwhile, Iran's law in relation to the strategies of protecting the rights have benefited both from Islamic teachings and has brought it closer to international law, So that the violation of the private property right of foreign investors will have a responsibility for the government.