bahareh shafiei

Identifying the consumers’ right to have access to information has a significant effect onorganizing their behavior and making an informed choice in goods consumption. With thecomplexity of the structure of the goods and the difference in the information level of themanufacturing and supplying specialists compared to the consumer, a kind of informationasymmetry has been created that endangers social peace and tranquility and creates tension in therelations between the two social groups: the supplier and the producer on the one hand and theconsumer on the other hand. Therefore, to prevent problems arising from the asymmetry ofinformation, the task of providing information to the consumer is assigned to the suppliers ofgoods. In addition to the will of the parties and their agreement regarding the obligation toprovide information explicitly and implicitly, the importance of the law as one of the sources ofthis obligation should not be overlooked. The issue of the obligation to provide information inlegal sources can be the act of providing necessary information or the act of refraining fromproviding false information, depending on the case. In Iranian law, the traces of acceptance ofboth aspects of this obligation can be observed in both general and special regulations. In thecommon law legal system, the lack of guidance and warning is considered a type of productdefect. However, since the discussion of the obligation to inform and the duty of producers andsellers regarding guidance and warning is important and comprehensive, it is investigatedseparately from the discussion of defect option under an independent heading.

Maritime transport is one of the constant features of human life, which is generally associated with a place and geography. In this industry, time is a vital element, so the delay and detention of the ship should be avoided as much as possible, and the damages for detention and how to compensate it has always been one of the important issues in maritime law. In each charter parties, in order to avoide from detention of ship during the loading and discharging operation, term is predicted as demurrage. Demurrage is a form of obligation, meaning that the charterer is required to pay a certain amount to the ship owner in exchange for stopping beyond the time allowed for loading and discharge. Therefore the charterer must consider the capacity and facilities of ports of origin and destination for optimal use of time, as a result, taking into accidental risks for example sanctions, give him/his an allowed time for loading and discharge. Because which can prevent the performance of voyage charter parties. The issue discussed in the present article, is realized only in certain voyage charter parties and maritime bill of lading that includes a charter parties. So in this article we are trying to answer the question of who is responsible for the delays in loading and discharge ships and can regional mechanisms prevent detention of ships? With a descriptive- analytical approach, we will seek a convincing answer to it.

One of the controversial issues in maritime transport law is the issue of delays in the loading and unloading of ships (demolition) and delays in the delivery of goods; Therefore, regulating the contractual relationship between the consignor and the transport operator is a challenging issue in various legal systems and in international conventions. On the other hand, the sender of the goods may also be responsible for paying damages due to delays in the operations of loading and unloading or delays in the delivery of goods, according to the bill of lading. International maritime conventions deal with the responsibility of the shipper, which, in comparison with international conventions, reflects the evolution of maritime transport law in recent years. Therefore, this article seeks to investigate the fact that the sender of the goods is responsible for damages resulting from delivery delays under international conventions? Under what circumstances is the bill of lading holder responsible for the demolition payment? Is there a semantic relationship between demolition payment and Incoterms? The method of data collection of this article is the use of library method and the method of data analysis is analytical-descriptive.Results and There is an indirect relationship between demolition and Incoterms that the choice of any of the terms Incoterms will be effective in determining demolition and the holder of the bill of lading (the consignor) is responsible for paying the demolition if there is an explicit condition.

Today the expansion of contagious diseases from HIV, Hepatitis, Ebola, Tuberculosis, made several crises in the world including our country, Iran. Among significant problems in this area is the responsibility of legal entities which is due to transmission of dangerous contagious diseases. What is called “Civil Liability” in English law is tort. Legal entities which are responsible for transmission of dangerous contagious diseases are the hospitals which negligence of any of hospital authorities can cause the transmission of the dangerous contagious disease to some people. “Civil Liability” of the hospital in the case can be contractual or tortuous or blood transfusion center which has the obligation of transportation of healthy and free from contamination blood and blood products, so in the event of neglect of any of legal entities, legal obligations must be considered so the rights of the victims of these diseases won't be violated.

Nowadays, the human society is facing big challenges as a result of development of serious contagious diseases, such as Ebola, various kinds of Hepatitis, HIV and … and it has created civil liability problems. Civil liability is one of the most important issues in private law, which is considered sanction of individual rights. This paper deals with civil liability of natural persons resulting from transmission of serious contagious diseases and liability of each of them so as to prevent from violation of the rights of victims suffering from such severe contagious diseases. For instance, if a hairdresser causes disease transmission to a healthy person due to his/ her imprudence, it indicates an element of his/ her liability. Also, if a mother refrains from pre-pregnancy vaccination and needed tests and thus causes disease transmission to her baby, it is indicative of an element of her liability. On the other hand, liability arising from contagious disease is not particular to patients who are aware of their disease, but also involves unknowing patients and the liability of unaware patients can be proven by destruction and causation rules.