نشریه دانش حقوق مدنی
سال هفتم شماره 2 (پیاپی 14، پاییز و زمستان 1397)

identifying tasks and the domain of the organization which is responsible for transport.The evolution of legislation applied including Warsaw convention 1929, the Hague protocol 1955 has changed the different analysis and established an independent identity to Air transportation contract inspired by the traditional in the light of developments in the aviation industry and new ideas that guarantee the rights of the parties especially passenger .This new naturesubsequently has provided a context for the new ideas discussions especially in responsibility of transport carrier.      In this article we will discuss the nature of Air transport contract and its impact on responsibility of transport carrieraccording to the rules of Iranian legal system.

In any legal system, general principles, plays an important role in perception and understanding of legal issues. In Iranian law, although sporadically been talk of general  principles, but their study shows the legal term has not been well studied and is indistinguished from similar concepts. general principles are orders generic, eternal and obligatory that been basis the legal system and reason it's essential to guarantee fundamental human rights and plays an important role in guiding the legislator and judge. General principles are conceptually distinct from the generl rules. Generl rules are orders generic, eternal and enforceable guarantee that is approved by legislator to restore order in social relations. The most important difference is that, the general principles beyond the realm of law. Compliance with general principles is required even for legislators. But general rules enacted by the legislature. General principles are more important than legal rules and legislators should impose legal norm that is contrary to legal principles

exclusive right to exploit it. It means that the right to ownership of trademark is known as the nature of registration of marks. Article 31 of the Law of Patents, Industrial Designs and Trademarks Act (1386/08/7) stipulates that: "the right to the exclusive use of a mark is dedicated to someone recorded that mark in accordance with the provisions of the law." Several concepts are derived from this Article. On the one hand, the owner has the right to use the mark on his goods and services personally, or allowing others to use by transferring mark. On the other hand, he has the right to prohibit using that mark by others andin order to guarantee the implementation of this right, Legislator gave the owner of the mark, the right of criminal complaint so as to prevent unauthorized use of the mark and even punishment the violator of rights arising from his trademark and also Litigation claim for damages. Finally the request to extend the period of validity of the trademark is owner's exclusive rightand therefore in this study two aspects including exclusive right to use trademark by owner and the right to transfer will be analyzed

Damaged on the issues of responsibility and civil liability and criminal law has a special place, because related cases also apply to referenced generally revolves around alleged victims issues will shape the disastrous actions. As to resort to verbs causes losses in Islamic jurisprudence, and the rights of Iran are obscene, abusive, begetting a damaged situation possible in line with the harmful effects of inflated losses incurred on his responsibility to add on the subject of obtaining damages or losses more in Exchange for rejecting incur, and will be for the wrong reason. I beseech the rig in order to prevent abuse of the practice of wearing such motives, damaged, and among the legal base of the juridical regulations, entitled, the rule dealing with damage or reduce the damage that comes in order to avoid such abuse has damaged the Government and are required to perform acts in the ordinary limits towards the reduction or lack of restraint in order to increase the damages on up or prevent the impending losses on Appreciated your.

Today, the use of cyberspace has become increasingly common.  This space naturally leads to its own legal issues. Undoubtedly, one of the main issues is that, after the death of users, what fate awaits their accounts, and the contents of these accounts? In answering this question: The account belongs to the company that creates it and allows the user to use it only. So, after the death of the user, the account will be lost But information is a creature of the user, so it belongs to him. Some authors compare virtual information with material property and believe that the property will be inherited, like material property, but the fact is that the analogy of material property with the virtual information is contemplating. Material property, less can Reveal the owner's privacy, especially third parties, while the information in the cyberspace is not so. Accordingly, and in the interests of privacy, it appears that the only information that the user publicly publishes and makes available to everybody, as well as those information that is financially valuable, Will be transferred with inheritance. As a rule, other information that discloses of them violates the privacy of the person will be destroyed, However, given that this information will be a valuable source for the future to know about the lifestyles of our people, it can be suggested to the legislator that the virtual information after a long time, is public And made available to the public.   key words:

According to the judicial precedent of the Supreme Court No. 156 to claim damages for delay in payment of salaries of public servants and payment it by the government, despite the recognition of this issue by the legislatures in other cases, the delay in paying debts by the natural or legal persons is not allowed. The reasoning in the decision, "the difference in pay employees the government in the implementation of employment legislation required to implement it with government deals as well as trading and obligations of the parties" is expressed. The basis that is not acceptable by the general rules of contracts. So check it is important that what is the difference between the delay payment of salaries of government employees and other natural persons or legal liabilities? And demand for the delay in payment of salaries of public servants and pay for it can be based on what rights jurisprudence? Recognizing this necessity this study explains, reviews and assesses the judicial precedent and then with legal proofs and legal arguments, proves the foundations permits compensation of delayed payment of state employees.

Judicial adjustment of Contract, where arises After the conclusion of the contract, due to changes in unpredictable and non-existent circumstances, fulfill commitment create unbearably suffering for a committed person and parties not forecast terms and conditions of the About this circumstances and on the other hand The legislator has not made a ruling on this matter. the next controversial issue is the Judicial adjustment of Contract based on the profound change in the interests of the parties to the contract that create more opposition. Accordingly, the result of this article will show that, in some cases Remaining Contract and Correcting, is Efficient Solution and in some cases, Dissolution of contract an efficient solution. As a result of this research Based on acceptance of judicial modalities in limited cases and is in the form of a legal license for the court. Courts must review the situation and alternatives of adjustment, such as the termination of the contract, decide whether to modify or not modify it.