نشریه دانش حقوق مدنی
سال هشتم شماره 1 (پیاپی 15، بهار و تابستان 1398)

Nowdays can say confidently a large part of the international transaction takes place between individuals and companies which there is no trust between them due to strong business relationshipsas a result, the sellerknow irrationalthat without any warranty from the buyer producing or supplying the vendee's goods. L.C is a good solution to eliminate distrust between buyer and seller on the other hand, due to the increasing use of cyberspace and information technology in all areas, including electronic records in letters of credit has expanded significantly its position among various documentary techniques so that according to its advantages compared to traditional or paper documentary it has moved beyond the traditional way. This research is a descriptive method and analyzes the words and processes in the field of electronic commercby reviewing and adapting the methods of traditional and electronic records in letters of credit how to trade internationally relies on E.R.L.C.

A systematic, historical, analytic and comparative study shows that according to most of legal theoreticians the diverging meaning specifies the specification of generalities. If the diverging meaning is against the authority, we must accept the results of authoritativeness and proof. Because commitment to object is commitment to prerequisites. Thus, the meaning of article one of Law of Torts specifies article 328 of Civil Law. However this view is not accepted in our legal system. In law, to specify a general rule through the meaning of another rule, no principle is obtained. The law-maker uses a law to make use of it without paying attention to its generalities and results. Although in law, the diverging meaning is valid, there is no loyalty to its results. The goal of law-maker is expression not meaning and expression is sufficient, because it is possible that the law-maker does not know all meanings. If there is no divergence between the expressions, there is no room for the meanings. Acting on the basis of rule means acting on the basis of the expressions and not the meanings unless in specific conditions in which the law-maker's will is obvious. However, such a condition is not systematic

In Iranian and American law, Restitution; as the most important effect of rescission, has been determined similarly antecedent to rescission. In iranian law, first, islamic lawyers has recognized rescission as the basis of restitution and analyzed their effects while in American legal system, due to some problems and lack of unified judicial procedure, lawyers and some theorists in last years has recognized rescission as the basis of restitution. Moreover, rescission has based on two theories in iranian legal system; Bilateral Consent and Do No Harm (LA ZARAR). In the other hand, American legal system has been based on unjust enrichment theory. In this article, first, the process of recognition of the right in two legal systems has inspected and later, the base of rescission has compared between two legal systems. The process in two legal systems (although the process in American law has happened with a long historical distance) demonstrate that due to lack of coherent theory about rescission and thereupon lack of unified Judicial procedure in common law, law theorist coming close to general theory of rescission in written legal systems

One of the new transformations in scope of maritime transportation in relation with shipping documents includes non-paper (electronic) shipping documents. Three main functions of bill of lading in maritime transportation comprise receipt of carriage of good, reason for carriage contract, and title document. The majority of researches are about to realize functions of carriage receipt and reason for carriage contract within substitution of electronic documents such as replacement of paper bill of lading with electronic bill of lading while there is not a same conclusion in relation with function of title document and this doubt in result is beyond the replacement of paper documents with electronic documents caused by ambiguities in considering bill of lading as title document of goods and function of bill of lading as a title document. In general, transfer of bill of lading does not mean transfer of ownership while ownership is transferred through contract of goods’ sale and bill of shading is considered as a document that indicates property of goods to facilitate transactions within commercial transactions

methods in Iran and UK legal system have been comparatively investigated. This concept, although not defined in Iran laws but by regarding the available legal sources such as Constitution, Civil Liability Act and other laws, there is no doubt for demanding it specially for natural persons and private legal persons and for compensating it, restitutionary and non-financial methods such as apologizing, publishing judgment in newspaper, mutual accountability and also financial compensation are stipulated. However in judicial precedent, compensation of such damage -especially through financial methods- is less accepted. Vice versa in UK legal system, the main method of compensation includes libel and slander by paying some money that, as the case maybe, is made by compensatory damage, symbolic or nominal damage, contemptuous or exemplary damage and the only restitution is injunction. Filing claims on defamation has been common in this country since medieval and so far a lot of judgment has been issued in this case and some rules have been approved. Of course, filing such claims is merely possible for alive natural persons and legal persons like commercial companies and governmental organizations do not have this right.

In discussing the evidence the testimony of women religious there are numerous verses and traditions and the denial of women's testimony, one of the issues that due to time and environmental conditions, are discussed in the present society.It seems that this sentence is reviewed and revised.It should be said about the testimony of a woman is the consensus of jurists.Baqarah verse 282 Drsvrhy should also say that it is the only verse clearly states that the witness must be a man.Women's testimony to prove the case to a useful size does not work, it must be said cited different reasons for the rejection of the woman's testimony God knew that the most important reasons could be lack of awareness of women age that at the present time because it is ruled out Therefore, in this study, with a view to the verses and traditions and religious reasons Andakhthaym to this result, we

One of the important issues that arises after marriage is family livelihood.Accordingly, in the present article, the issue of the basis and limitations of the duty to provide Spouse'smaintenancein two legal systems of Iran and the United Kingdom has been studied. It is concluded that In Iranian law, in accordance with the principles of jurisprudence, the obligation of providing maintenancein a temporary marriage is based on an agreement.  In a permanentmarriage, the duty of providing maintenance is the result of the rule of law and the need of applicant has no influence in that duty.Such a duty to maintain in a permanent marriage is unilateral and is, in principle, limited to the duration of marriage. This is while in English law, the legislator has mainly delegated the arrangement of the couples' relationship to their agreement, and in the event of failure to reach an agreement and in accordance with the law, the duty to provide maintenance is bilateral and based on the need of applicant. Such an obligation also extends to the time after the dissolution of marriage.