دانشنامه حقوق اقتصادی
سال بیست و دوم شماره 1 (پیاپی 7، بهار و تابستان 1394)

The conflict between freedom parties of contract to choose the terms and contents of the contract with the necessity of compensation of illicit damage, on the one hand, and contrasting economic and social benefits and problems of exemption clause, in the other hand, lead to legal system is doubtful for permit it, and despite the tendency to accept the validity it as a principle, several exceptions to this principle are imported to prevent unfair agreements. An economic analysis of exemption clause and survey to the its economic disadvantages and benefits and its role in the efficiency help to facilitate to find contractual justice.
Method of research is analytical and descriptive method and, during the necessity, we have comparative method to it will be clear to other legal systems approach.
Economic analysis to exemption clause shows that the acceptance the principle of validity of exemption clause leads to economic efficiency, but when the contract is incomplete, as because it is monopoly and data inequality, intervention of court is necessity to modify or void exemption clause. The result is usually, but not always, consistent the legal analysis of exemption clause.

Unilateral refusal to License is one of the Issues that in its context, competition law challenges patentee exclusive rights in a serious way; because such refusal may disrupt competition.
Having provided the exact notion of Unilateral refusal to License, this paper, in a analytical method and comparative view, is going to analyze different competition authorities procedures and judicial precedents and doctrines presented in US and EU law which try to justify competition law intervention in compelling patentee to license requisite companies and then clarify vague approaches of Iranian competition regulations.
The real question is in what Circumstances Refusal to license patent has anticompetitive effects? What is the criteria for this statement? What is the point of Iranian law and is it close to the view of pioneer countries or not?
Regarding our country competitive and Technological Atmosphere and established rules in US and EU law, this research provides some solutions in setting balance between fundamental competitive concerns in prohibiting anticompetitive manners in one hand and recognition of patent holder authority in the licensing his IP in the other hand, because of promoting Innovation.

Despite the time and accuracy that the lawmakers spend on enacting legislations; Issues such as the inability to anticipate all possibilities, changes and transformations in society after passing the laws, the requirements and possibilities arising from the use of words and linguistic issues, lawmakers potential for making mistakes and a host of other reasons lead to a situation in which that different inferences can be made of the text of legislation. In such situation interpretation and its governing rules and principles become important and philosophical views underlying each of the interpretive schools and techniques are set against one another; among these philosophical views, the contrast between economical interpretation approach and formalism approach is remarkable.
In this research, data is collected through library method and analysis of topics is being done by two descriptive and analytical.
In this paper, first, a clear picture of the mentality of the founders and proponents of the two approaches has been provided then these two philosophical approaches to the interpretation of laws have been discussed and analyzed, and their contrasts and contradictions have been clarified. In conclusion, economic analysis of law on one hand and legal formalism on the other hand are in conflict at both theoretical practical aspect; at the theoretical aspect these two are different from each other in intellectual foundations, the debate over the claim of the perfection of law, and in the inferring of definite and similar result from text of law. At the practical aspect they use totally different methods for interpretation.

In 1985, Enron Company started its business in order to produce and sell energy and was promoted to the greatest company of energy all over the world, rapidly. So, this company acquired the seventh grade between five hundred big companies in the United States according to the rankeing done in 2001. At the end of 2001, the company became bankrupt and America was faced to the greatest bankruptcy in its history. Consequently, many companies or people lost their capital and jobs. Thus, it is worthy, to study the causes of bankruptcy in this company, and may approve the acts for protection of stockholders in order to provide a situation that may prevent such occurrences in Iran.
The present study aims at exploring the main reasons for its bankruptcy with emphasis on corporates law along with a brief introduction of Enron Corporation.
Findings of this research revealed that there are major factors in the collapse of this big energy company such as finance violations, lack of fraud risk management, lack of transparency and secrecy, structuring, disregard for the rights of shareholders and violation of the principles and moral rules.

The “commercial paper discount” is one of the common ways of financing in the world banking. Because some objections and religious doubts, the using of these method in Islamic banking is faced with challenges. So, definition of the nature of the commercial paper discount is important for determine the effects, terms and conditions governing its.
In this study, different religious jurisprudence opinions and legal doctrines about nature of the commercial papers discount has been criticized and analyzed, comprehensive approach, this article provide a comprehensive analysis of the nature of commercial paper discount in the banking system, according to the commercial description of these documents, and with regard to banking regulations and guidelines, and study its conditions and terms.
ultimately, we can conclude that the commercial paper discount, in Islamic Banking, is analyzed in the form of a “Debt Purchase” agreement. This analysis is consistent with the true nature of the discount in the banking system, as well as the nature of commercial paper and its regulation. In the other hand, it is also consistent with famous Shiite jurists opinions.

In this paper, after considering all the upstream documents, rules and regulations in the field of power industry, with an emphasis on renewable energy and supports of the relevant, consider legal framework of incentives for compliance and best studied. Therefore, we exploraton appropriate laws. The laws that need to be improved and that new rules should be established.
The results indicate that the power generated by the private sector in support of the third policy, 17 Laws, 9 rules and 3 procedural guidelines related items that will be discussed in detail. The final interpretation of the study, will be provided field for removal, editing, validation, renewal and amendment of laws, regulations and instructions.