فصلنامه مطالعات حقوق خصوصی
سال چهل و پنجم شماره 4 (زمستان 1394)

Due to section 179 of Iranian maritime Act,1343, if salvage contract is concluded under the influence of danger or undue influence and its terms are inequitable or if the consent of one of the parties is vitiated by fraud and or when the remuneration under the contract is, in proportion to the services actually rendered, too large or too small, the contract may be annulled or modified by the court at the request of the party affected. These regulations that have been adopted from section 7 of convention for the unification of certain rules of law relating to assistance and salvage at sea,1910, and because of the accession of Iranian Government to international convention on salvage,1989,those have been repeated in section 13 of the Act for granting permission to the Government of the Islamic Republic of Iran for accession to international convention on salvage,1373, are not so compatible with the principle of being obligatory of contracts, general regulation pertaining to duress and fraud in contracts and the prohibition of courts from modification of them.

Developments of technology and communications especially emergence of the internet as well as states’ inclination to achieve a harmonized protection of intellectual property rights in international level in the last three decades have brought a new perspectives on international jurisdiction and recognition and enforcement of judgments in the field of intellectual property rights. The most important international document covering relation between private international law and intellectual property law is Convention on Choice of Court Agreements 2005. Studying the drafting process of the Convention and difficulties in including IP disputes in its scope of application reveals hardship in reaching a comprehensive international agreement on this topic. In this regard, this article studies application of the convention on IP disputes taking into account relevant published reports and provided interpretations on its provisions.

Lawyers according to their routine, act as individuals or partners. Today, according to regulations of certain countries, corporations or other firms can provide legal services including the handling of court cases under specific rules.Under Iranian law, there are no specific regulations governing the practice of law within a corporate structure. However, legal practitioners can form corporations, co-operatives and non-commercial firms to provide certain legal services. With respect to granting these corporations license to render legal services it should be noted that there are no specific regulations in this regard. Due to this fact, different interpretations have been given by jurists concerning this issue. Some believe that granting such a license is not forbidden, since according to Article 588 of Commercial Act, legal persons have the same rights and obligations under Iranian law as a natural person.What is understood from Article 2 of "the Nature of Acquiring License to Render Legal Services Act, ratified in 1997" regarding qualifications of volunteers seeking license to practice law is that only natural persons can be granted such a license.In practice, to this day, the license to practice law has not been granted to corporations and firms and courts do not recognize legal persons as lawyers. So, contrary to countries such as United States of America, practicing lawin courts which is the most important function of corporations is considered illegal in Iran. But due to advantages of the practice law by legal persons and in order to fill the gaps that give rise to abuse, it is necessary, as is it done in other countries, to organize the current state of affairs and allow such persons to practice law under specific regulations.

Iranian legal system has established on base of Imami Jurisprudence and her main of the sanction against violating the rules of established on validity of contract sidelong Ineffective, is nullity. Too there are other Concepts such as the relative nullity or null Amendable in law, but no as a general rule of law. Whiles Afghanistan's legal system, in addition rules of null and ineffective sanctions, recognized and Confirmed Another general rule base on the Hanafi jurisprudence as "Fasid" (Vitiaton) that causes the Nullity in this legal system to have grades and in the cases the contract is amenable and debarment from nullifying it in first step and continue the contractual relationship of parties. Such concept could also enter the Iranian legal system as a rule and replace concepts of the specific.

Economics Pronciples are considered as the most important ans effective Principles on Legislation in the differnt fields such as Copyright. These Principles help legislator in The enactment of Laws and Acts on Copyright and interpretators in the interpretation of Copyright Acts and Judges in making efficient gudges. However, these principles have not been serveyed in legal litterature of Iran and used in order to critize Copyright Laws and Reulations. Economic Principles are various but we emphasis on five principles with the closest relationship to copyright. This article constitutes 5 sections anf finally, it suggests clear and practical solutions to legislator.

Theory is a difficult situation where the implementation of a contractual obligation as a result of unforeseen events beyond the control and without physically impossible, difficult and costly to the economy and the balance of the contract is impaired. In such circumstances, the theory difficult to restore the balance of the contract is entered. This is a different legal systems under different titles, such as theory predicts failure, severe and unexpected difficulties are important.. The solution of this system and principles adopted different. Examine the books and determine the best and most fair contracts and the effect of the rules and principles of the theory in this paper will be a tough match.

Article 251 of the Commerce Act (CA) although mentioned among the articles related to the commercial documents but seeks to determine the manner of reference among the liquidators of the bankrupt sureties. This article although apparently has disrupted a normal practice in a way that provides liquidators of none of the bankrupt sureties are not allowed to refer to the liquidators of the other bankrupt sureties, but instead provides that remnants of what has been allocated to the document holder if in excess to his claim would be reimbursed respectively to the liquidators of the bankrupt sureties who have the right of reference to others. This research shows that the legislator in promulgating this article has considered various principles and has adopted a clever and exact solution. Thus as far as the priorities and division of responsibility among the bankrupt sureties is concerned, the article 251 CA plays as a bedrock.

Altering of nationality is a right for persons. Accordance with rule 588 commercial law, legal persons can have the hole of right and duties of persons, exempt rights and duets that only human can has that because of his nature such as rights and duties of fatherhood, sonny etc. in Persian law unlike persons, there is not any rule about altering of nationality for legal persons especially companies and there is some text only about ltd and stock company altering nationality. Regarding with referring of right and duty of legal persons to nature persons beside especial characteristic and mandatory nature of nationality and special limited text about altering of nationality in Persian law and regarding with absence of special legal about form of nationality altering, is it permitted or not. The way of do that if it is permitted is vague and in this article debated about that. In comparative law this matter debated as border mobility of companies and it is accepted such as principle in Treaty establishing the European Economic Community and prohibition of altering nationality or acceptance of new nationality that cited in some internal laws modified, but in Persian law altering of nationality is a mandatory rule and altering of that is not permitted bye will.

biogenerics are one of the most important and complex kinds of drugs in the world.all countries try to produce and commercialize these druds because this production helps them to become so powerful in science and pharmaceuticals. but the process of production and commercialization must be supervised by governments and international organization.in this article we want too take a look at this subject.