نشریه آموزه های حقوقی گواه
سال دوم شماره 1 (پیاپی 2، بهار و تابستان 1395)

One of concerns for governments in building infrastructure projects, is selecting the type of Construction contract concludes with the builder contractor. There are various contracts for the construction of an infrastructure project that can be selected by their governments to take action. Each of these contracts has its own advantages and disadvantages which is different with other contracts and makes their performance different. Governments according to their economic situation and technical characteristics of each project and advantages and disadvantages of construction contracts, select a type of these contracts for their intended project. Among these construction contracts are, B.O.T contract and Istisna contract and each has their own advantages and disadvantages. Some of these advantages are more important and plays a more important role in the success of a project, especially the issue of reducing government spending in building infrastructure projects that is one of the most important factors affecting on building infrastructure projects and due to budget constraints, governments try to use from contracts that has lower cost for them. With comparison of advantages and disadvantages of istisna contract and B.O.T contract we realize that B.O.T contract, due to its unique features, has a very good role in reducing government infrastructure costs and in this field is better than the Istisna contract. In addition to this advantage, also B.O.T contract has a better performance in other advantages of the Istisna contract and in total it seems that it must be said that BOT contract has more advantage than Istisna contract.

International transport always has a great importance in the arena of world trade and the maximum volume of trade exchanges between countries is through the sea and commercial vessels. People who are in charge of marine transport always confront a lot of hazards and risks in the way of transport and delivery of goods and passengers; hence the supportive means are needed to increase their confidence coefficient for continuing their activities. Determining the scope of liability of marine carriers is one of the most effective means in this regard, therefore, the regulators of major international conventions applied it in the field of marine transport of goods by setting regulations in order to limit the liability of carriers in case of accident or damage to the goods or causing physical injuries to passengers. Brussels Convention as the first and oldest international convention on maritime transport is approved by most countries engaged in the issue of maritime transport which of course was reviewed and amended in 1968 and in the corrective protocol (Hague- Visby), the criterion for determining the scope of liability of carrier was changed and somewhat the interests of goods owner countries were considered to a greater extent.

One of the approaches that Iran's legislature has had after the Islamic revolution is to amend some laws among the civil ones, in order to expand and broaden loyal supports for women. On November. 1st 2002 the article No. 1110 of the civil law was amended along with the articles No. 1107 & 1133 of the civil law under the title of "The amendment of some civil law articles." The previous 1110 had clarified that: "There's no alimony for a woman during her viduity period after her husband's death." In the recent amendment the article has been changed so that:" During the viduity period after the husband's death, whenever the widow claims, her expenditures will be extracted from the belongings of those who are responsible for her alimony (if they don't pay it). The thesis has researched into alimony during death viduity period; meanwhile, it has mentioned the interpretations on the verse No. 240 in Baqarih chapter of the Holley Quran whose topic is how to donate your possessions in a will while passing death viduity period. Finally, relying on the elaborative details of parliament (Majlis) and Guardian Council negotiations, the thesis has mentioned the shortcomings of the article and has made some suggestions.

Having an assembly for a particular activity is what comes to mind as a signification of the word “corporation”. In the other words plurality of persons is one of the fundamental elements of this concept reflected in Civil and Commercial Codes in which plurality of partners is one of the conditions. Hence, establishment of a corporation by an individual is not permitted by the laws, yet the possibility of such work exists in the law of many countries like in the Company law of England, establishment of all types of corporations by an individual is recognized and permitted. These kinds of companies have been assessed for small and middle economic activities along with the growth and prosper of them. As these corporations have the potential of misuse, providing some arrangements sounds essential such as ascertaining the capital by the court, neglecting the legal personality whenever the establishment has happened under fraudulent purposes, and the responsibility of the shareholder by itself toward the creditors. Due to laws and regulation; however, establishment of these companies are impossible, according to fading the theory of contractual-basis of companies’ legal personality and accepting the organizational theory, reflection of these ones are going to be feasible and legal bases are not counted as an impediments before them.

Budget was one of the most challengeable issues among triple powers and all organizations somehow utilizing it. In all likelihood, not specifying the enacted budget of non-governmental public organizations sounds as the most challengeable subject. The problem is usually made by the government. Under this circumstance, the question is how can the organization whose budget has not been paid by the government get its legal right? In this article, we are going to particularly survey the answer of this question in regard to the case of urban trains by returning to the Ninetieth Principle Commission, the Court of Audit, the Administrative Justice Court, and the other general judicial courts in order for obtaining the political, financial, and judicial liability of government.

Regarding air transport in all international and domestic flights of most countries in the world, Warsaw Convention 1929 and Montreal Convention 1999 are put into action. According to Article 50 of the Montreal Convention 1999 “ States parties shall require their carriers to maintain adequate insurance covering their liability under this Convention. A carrier may be required by the state party into which it operates to furnish evidence that it maintains adequate insurance covering its liability under this Convention.” Perhaps, the term Adequate Insurance was mentioned in Montreal Convention for the first time. To ascertain its concept, the acts of convention, depending on the preparatory codifying works and codifiers’ opinions, should be reviewed. Studying the preparatory works, the intentions and purposes of convention parties can be understood. The preparatory affairs include discussions, conferences, and convention draft and the initial plan. To perceive the concept of the term Adequate Insurance in Montreal Convention Act 50, this paper, therefore, attempted to analyze it with respect to the preparatory works and the convention text. The result of analyzing this concept correctly will prevent air transport and insurance companies from applying their own opinions while indemnifying the victims of air accidents for damages.