پژوهشنامه حقوق تطبیقی
سال دوم شماره 1 (پیاپی 3، بهار و تابستان 1395)

The environment is a great reflection on the constitutions of the world. constitutional protection of environment concerning the nature, aspects and how to protect the environment. General opinion is that the entry of environmental issues and the need to environmental protection Requires Constitutionalization of environmental law. In this paper with comparative approach the content of Latin American constitutions in the environment and conserve natural resources has been examined. The basic hypothesis of this paper is based on the belief that the Attention to environmental issues haw significant effects on the constitutional system and Latin American constitutions reflected in an appropriate manner. The environment is a great reflection on the constitutions of the world. constitutional protection of environment concerning the nature, aspects and how to protect the environment. General opinion is that the entry of environmental issues and the need to environmental protection Requires Constitutionalization of environmental law. In this paper with comparative approach the content of Latin American constitutions in the environment and conserve natural resources has been examined. The basic hypothesis of this paper is based on the belief that the Attention to environmental issues haw significant effects on the constitutional system and Latin American constitutions reflected in an appropriate manner.

Nowadays, merchants have expanded their activities even beyond the borders of their countries, so in the case of bankruptcy, it will be created several lawsuits in the international arena. This kind of bankruptcy which is an obvious example of the international bankruptcy demands a comprehensive and efficient legal system. In this regard and to provide a proper framework, the United Nations commission on international trade law (UNCITRAL) ratified the model law on international bankruptcy in 1997. Although Iran has not yet ratified the UNCITRAL model law, but in the new bill of Iran’s trade law, it has been allocated a section to the international bankruptcy that is comply with the UNCITRAL model law. Accordingly, the purpose of this article is the explanation of the provisions of UNCITRAL model law in the light of the comparative approach. This study is based on descriptive and analytical methods according to the library and internet data.

On afford term in dowry like other terms in contract should have the correct conditions, this term is not emphasize on the rule of prohibition of reference the creditor to insolvent debtor and in result in this situation dowry is present, because the principle is avoidance of provisions and are propounded for special cause. In the words of the jurists, it is evident that such term is not only for emphasis and dowry is not present in this situation. Certainly the object of organization is reduction the statistics of prisoners for dowry and if it is only for emphasis, does not indicate the confession of wife to insolvency of husband and in this situation; it is possible to imprison the husband according to the article 2 of the act of enforcement of civil orders. Dowry with this term is deferred or suspended, so the deceit that come into existence because of unknown period of dowry or suspension of dowry, cannot be ignored in the view of jurisprudence and law, because the essential conditions of dowry are knowing and fixing and not knowing the dowry causes the annulment of it and demonstrate the dowry likeness. The origin of obligation in dowry is under question because the right of demand the dowry for wife is losed unlimited. Of course if a specific time is taken into consideration for the ability of husband, these objections are removed.

Different legal systems have predicted various judicial remedy for citizens in relation to those administrative acts which are contrary to law or outside of the jurisdiction of the authority that issued it. Judicial declaration is a judicial remedy that is identified in the administrative justice system in UK. This remedy, however, is not a judicial sentence or court ruling and hence some would not consider as a remedy, but this remedy, as it declares the rights or legal status of the parties, plays an important role in disputes concerning to public law. Due to its flexibility, declaration has notable application and features in administrative justice system in UK. Because this remedy has not been identified in our administrative justice system, while unlike the traditional view to these remedies, the use of such remedies can also be considered in our administrative justice system; therefore, it seems important to study of different aspects of this remedy.

Although the concept of soft law has existed in international law arena for years, international community have not reached consensus on the identical definition of soft law. The subject why states use soft law is remains vague too. In this paper, firstly the various definitions of the soft law concept and the reasons of choosing selected definition are expressed. Then the greatest strength of soft law is investigated. However the point of gravity in the paper is analyzing nonbinding interpretations that international judicial and semi judicial bodies put on the international binding legal rules. From the legal point, except occasionally the decisions of mentioned bodies are Binding with respect to the facts and parties to the dispute before it. However under special circumstances can affect all states subject to the underlying rules regardless weather they have consented to it or not. It is worth noting that soft law plays a major role in the effecting Process which remains largely unknown.

The question and subject of this paper is, recognition the award from other kinds of arbitral decisions and also consider the writing, communicating and impacts of award in International Commercial Arbitration system of Iran and UNCITRAL Arbitration Rules. Since, arbitral tribunal during the process of arbitration, issues various types of decisions, also Because of the legal effects of award is different and distinguished from other ones, so recognition the legal system of arbitratal award is necessary. Regarding this matter that the International Commercial Arbitration act of Iran and its regulations are adapted from UNCITRAL Model Law and also their differences between judicial and arbitral procedures which govern on legal system of issuing award, different types and its impacts, between arbitral regulations which have been ratified in this regard, it can be said that even though these two acts have lots of similarities, there are significant differences between them too. The purpose of this paper is to find the existing similarities and differences of International Commercial Arbitration act of Iran and the rules of the UNCITRAL Arbitration. In this article which has been written in descriptive-analytic method, the authors try to find the criterion of identifying an award from other decisions, its writhing and communicating respectively. Then some suggestions will be submit in order to amendment of International Commercial Arbitration act of Iran

Management is one of the most important components of a commercial company. A company director is not only the representative of legal personality, but also a decisive element in promoting the company's objectives and preserving the shareholders' capital. Due to the sensitivity of the position and extent of the directors' power in a company, the legislators, both France and Iran, have tried to appeal to the legal leverage to limit the directors' authority to prevent jeopardizing the capital and rights of shareholders and third parties. Of course, the civil and criminal liability of the "de jure director" of companies are clearly defined in the French and Iranian trade codes despite all its shortcomings. But in some companies, in the absence of a "de jure director", other partners or third parties, without having done the legal formalities, carry out the responsibility of management of the company. These persons are recognized under French law as a "de facto director" and their civil and criminal liability is determined. Although in some cases it seems that the "de jure director" responsibilities had not included a "de facto director", he should bear wider responsibilities under general rules. Unfortunately, the concept of "de facto director" is not yet defined in the Iranian Commercial law and this legal vacuum not only provides violation of the rights of shareholders but also multiple litigation in the courts.