فصلنامه اندیشمندان حقوق
پیاپی 11 (زمستان 1395)

Today, the increasing development of domestic and international trade and the necessity of convenience in trade and the role that circulation of capital and trade have on political and economic destiny of countries, have prompted the governments to develop rules and regulations in trade relations to provide security for businessmen. Since in all transactions and dealing the possibility of cash payment is less, and businessmen that proceed to heavy trading with large digits are not able to pay the price in cash and if they want to pay it in cash, they have to face the risk of loss or robbery of money and they must incurred costs. Therefore, for their own advantage instead of paying in cash, they attempted to issue these documents and provide it to their creditors and also the creditors can endorse these documents and transferred it to their creditors, and if they need cash, they can discounted the mentioned documents or put it at their expiration. However, the credit of these documents goes to legislator and the formulation of provisions whereby the privileges to facilitate the payment and receipt of amounts in the document is set and prescribed. Guarantee payment in commercial documents insure to its holder that ultimately they would receive all documents payments as well as expenses that they incurred when collect the documents. In this situation the warranty of business documents and liability of the guarantor and also the general conditions, substantive conditions and business documents guarantee has been paid whit library method. Although justice has not been served as it is worthy, however, the intellectuals of this science can add to the richness of this content by criticism it.

Including new and important issues in the world today and can be seen in Iran And has basic legal and criminal works well It is transgender. The legitimacy and illegitimacy transgender, four theories A group of absolute legitimacy and unconditionally accepted In contrast, some absolute illegitimacy accepted And some have been allowed to stop in issue And the other group, provided legitimacy transgender accepted. So, the question is Whether transgender issues as self-esteem and true imitation of the opposite sex? In this paper, we review the nature and transgender jurisprudence views Call moves the question and research achievementis Transsexuals are provided legitimacy Self-esteem is not a barrier to imitation of the opposite sex and transgender addition of imitation is different.

The International Commercial Arbitration Act of Iran is an updated code. Iran, however, has been left out of sight as a place for international arbitrations. On the other hand, Germany has not been a popular venue for international arbitration, even though the travaux préparatoires of the new German Arbitration Act (1998) which is carrying a long legacy show the liberal approach of Germany towards arbitration. The German legislator has taken into consideration the importance of arbitration for economic enterprises by revising its old arbitration act and has adopted the UNCITRAL Model Law on International Commercial Arbitration (1985) with few changes. In the following pages, the birth and nature of the new German Arbitration Act is briefly noted. Then, the form of the arbitration agreement as well as its content including the place of arbitration, the law applicable to the content of the dispute, the arbitration rules and the arbitrability of the disputes are also amongst the crucial issues which are to be considered. The German Arbitration Act makes a distinction between the correction and interpretation of the award and recourse against it and this is carefully studied here from a comparative point of view.