نشریه تحقیقات حقوقی بین المللی
پیاپی 14 (زمستان 1390)

Clarification of legal position of directors in company, is significance for in explaining their powers. This significance is not only for theoretical aspects, but it has also practical effects on company itself, its stockholders and of course on third parties dealing with the company. The Legal position of directors has been always a matter of dispute among lawyers. Someone may think that  directors are representative. According to another opinion they are company’s agents. From another point of view, directors are the employees of company. And at last there is another view point according to which the directors should be regarded as an organ of company. In this research after having reviewed the above mentioned opinions and analysing the articles 17, 118, 135 of the commercial Act (Amendment) 1968 and article 589 of commercial Act, it will be proved that the directors legal position is compatible with the last opinion.

The plaintiff is rightful to claim because of his damage of right. Extended choices of plaintiff are driven from the famous principle of minds governance. The considerable point is that ownership & governance of plaintiff has exceptions like the similar points. The legislator has duty to consider limiting strict rules in cases which the plaintiff endangers public order by applying his rights. By introducing principle of plaintiff right, bans any form of illicit acts in plaintiff's claims. Of course in cases which judges hesitate in acting rules, they can make out of their doubts by considering mentioned legal principles. So that reduces different judgments.

Regulatory agency documents (notariates), is the oldest institution of law in Iran. This institution of such importance,which is of particular
government in the history of all time.When human population continued to increase since the start of trading transactions, and the necessaries registration Notary public’s offices and notaries was also evident. Notary public’s offices, are authorities and contracts arranged and recorded property documents as a matter of law enacted on 25 July 1975 notary public’s office affiliated to the Ministry of Justice and the current regulatory standards, providing specialized services to the people and the government.According to Article 2 of the aforesaid Act, the notarize is to offer personalized attention Consultative Association of Real Estate Registration Notaries House.In addition to the above, in France, the history of the legislation, and legislators to express the sensitivity of the notary. Association advisory with attention given to the Minister of Justice appointed and called notary.And control of the claim, the Act No. 2590-45, dated Nov2, 1945, Article first noted that the notary is considered as public officials.

One of the instances of Intellectual (Moral) Property Rights infringement is selling counterfeit and imitation products which has been produced and sold based on a third party’s intellectual product in an illegal manner. In such cases, third party claim as to the object of sale is, in fact, the objection to such infringement of rightswhich has occurred through the “Contract of Sale”. In such instances, the claiming third party may be the primary owner of the intellectual right, or it can be a party that has already obtained from the owner the authorization as to the exploitation of such right. In addition to stating the conditions upon which the seller is bound in such cases, various legal disciplines have stipulated performance guarantees based on civil and criminal laws as well as assuring and cautionary measures against such infringement of rights. In Iran’s law, Registration of Patents, Industrial Designs and Trademarks Law, passed in 2007, and its execution ordinance regarding industrial ownerships, enacted in 2008, and the Authors’ Rights in Literacy and Artistic Works regarding literacy and artistic works ownerships, passed in 1969, have presented some regulations to this effect. Ambiguity in and plurality of opinions about the objectivity non-objectivity of the nature of “Intellectual Property Rights”, on the one hand, and ambivalence in the legal essence of authentication contracts for the exploitation of the mentioned rights (such as the licensing contract), as to whether such authentications are of contracting, leasing, profiting, or delegation nature, on the other hand, have resulted in a lack of sufficient clarity and difficulty in interpretation of statutory regulations on violation of intellectual property rights, particularly article 60 of the new Registration of Patents Law. Comparative study of the laws of Egypt and England, as renowned representatives of the two major legal systems of the Roman- Germanic and Common Law, as well as Vienna Convention 1980, as the most significant existing treaty in the area of international sale of goods, can partially be helpful in resolving the ambiguities with this concern.

Plea Bargaining is an agreement between accused and criminal justice system into criminal cases that stems from Common Law legal system and it's aim is a kind of agreement between defendant and prosecutor ; thus in progress of such interaction defendant by confession of ones guilty or promise any other cooperation helps prosecutor and in turn undertakes prosecutor; to defendants penalty discount or acquital. From advantages of this constitution is accelerating in proceeding process and prevent of criminal cases swellings in trial different stages. It must be noted that:There isn’t such institution in our country's legal system but because of crisis resulting from trial slowness and increasing volumes of cases in our legal system study of this foundation and it's advantages and defections and possibility or impossibility of this constitution enforcement makes a profit in our country's legal system. In this paper, the King of the Plea Bargaining, the benefits and problems of Iran for its Vmayb'll accept it.

increasing need of science and technology to the nuclear energy is undeniable reality in this time and era. At the same time, turning of nuclear industry always has risks of actual or eventual, and in some cases, occurring damages as a result of nuclear incidence is inevitable. Therefore, deliver nuclear damage and concerned to identify responsible have lead government in the way of regulations and special rules. This result rules shaping civil liability and nuclear liability international Conventions. Thus, these laws and conventions with design of strict and exclusive liability operator must be introduced this person as a liable of compensation of nuclear damage, and on the other hand, announced the principle of government intervention in the provision of additional losses on the liability of operator prevent wastage rights of victims. Considering that the Iranian government is not applied toward nuclear legislation and membership in
certain of these conventions. So, identifying responsible for compensation of nuclear damage won’t become possible unless resorting to the rules governing the civil responsibility. But in terms of existing defect and inadequate, legislators should move in direction of specific legislation assembling, and settle nuclear civil liability at the top of the agenda