نشریه حقوق فناوری های نوین
پیاپی 1 (بهار و تابستان 1399)

Today, a new asset called cryptocurrency has entered the economic and financial realm of countries that have been able to stimulate governments to respond. Most governments have responded positively to these unsecured currencies, which are not monitored by any authority, and by considering these currencies as one of the complementary factors of the economic system, they have sought to develop this field and to enact principles. Of course, some countries have also reacted negatively to this currency, and some countries, such as the Islamic Republic of Iran, have reacted differently. It is clear that no country has declared cryptocurrencies as official "money" and now these currencies are mostly used as a commodity exchange tool. However, despite the negative attitude of some governments to this issue, international organizations and communities have expressed their willingness to accept these currencies and are seeking to expand their payments. It is expected that the power of cryptocurrencies will overcome the resistance of the opposing governments and eventually return to their international natural situation and away from any sovereignty.

Power purchasing agreements (PPA) seek to protect and develop electricity production specifically some kinds like renewable and green electricity. They have been common after restructuring electricity industrial. They now broadly are used as a mean to conservation of environment, electricity security of supply and foreign investment protection around the world. In Iran after restructuring of electricity industrial according to article 25(b) of "fourth development program act,” ministry of power and its company (Tavanir) designed and concluded some type of power purchasing agreements (PPA). These contracts comprise some terms and conditions, which refer to general rules of contract and either technical restrictions. This article seeks to study these contracts terms and conditions in the framework of sale contract and general rules of contract under Iranian civil law. We will answer to this question that these contracts shall be assumed as a sale contract or a specific contract under article 10? It seems to there are not exactly sale contract that has been mentioned in the article 338 and deem to be an especially contract.

In the Iranian economy, housing is not a means only for family habitation but is a means for investment and saving. Undoubtedly, a considerable part of transactions of the country is dedicated to buying and selling or pre-selling of the building based on the direct effect of the health of this market on providing economic and Judicial order. The legislator has set several formal conditions for the pre-sale contract of building for organizing this full risk market in the Building Pre-Sale Act. One of these conditions is the necessity of setting a formal document for this contract and the provision of guaranteeing punishment execution for lack of doing that. In this research, the effect of setting a formal transition document on the validity of this kind of contract has been studied and based on relying on law principles, registration systems, judicial procedures and the Building Pre-Sale Act, tries to guarantee the execution of the reversal of the registration formality of the building pre-sale contracts. It has been concluded that in Iranian law, the preparation of an official document is generally a means of proof (not fixing) a building pre-sale contract. Document registration is only a notification tool, awareness of the statistics, and transfer of the real estate in order to guarantee the rights of persons, especially pre-buyer. Therefore, the lack of official registration of the building pre-sale contract cannot be considered as a reason for not forming it.

The principle of independence and the documentary nature are two essential features of the independent guarantee, considered as fundamental principles in the international regulations relating to these guarantees. Part of the provisions of the new bill of trade law in Iranian law relates to independent guarantees. Previously, the Bank Bid Guideline had issued about warranty law that, of course, could not replace the law. In this paper, the provisions of the new trade Law of 6/10/90 and URDG 758 and UNCITRAL convention, referring to these two characteristics and the guidelines and its comparison with the provisions of them, concluded that, while the new bill on trade is inadequate, the provisions of the bill regarding the reference to the principle of independence and the documentary nature arent in full compliance with international regulations and need to be reviewed further. For this reason, it is necessary to use policies such as observing the fundamental principle of the governorship of voluntariness, considering the international aspects of the independent guarantees, and aligning with the international regulations.

The doctrine of public function has fundamentally changed the classic concept of public services. Because this doctrine has denied the monopoly of personal and organizational criteria in recognizing public service and by resorting to some other criteria, some private sector activities are also considered public services in addition to the services provided by the public sector. The public function doctrine, by presenting a new concept of public service, also changes the criteria for recognizing administrative contract. Accordingly, any contract subject to public service, regardless of the personality of the contract parties, is considered an administrative contract. Thus, in such contracts, with legal supporting, it is possible to anticipate prerogative powers. In fact, a contract in which the parties are private, based on the existence of the subject of public services and the components of public interest, is considered an administrative contract and the public service provider can have prerogative powers. By this conceptual and substantive change, the jurisdiction of the administrative courts in judicial proceeding to claims arising from administrative contracts will also be expanded and these authorities can hear the contractual claims of both private parties, provided that there is a public service issue in that contract.

Remedies for breach of contractual obligations are among the most critical areas of contract law in every legal system. In German contract law, the right to receive specific performance is the first obligation of the debtor. If a debtor fails to do this obligation, the creditor has the right to claim compensation for the loss. Reviewing the conditions for a claim for damages shows that the notion of fault is still essential in the new German Civil Code. Causation and the predictability of loss, are some other notable rules for a claim for damages. The possibility of a claim for different contractual damages categorized by nature in this study includes damage to property, personal injury, consequential damages, expectation interests, reliance interests, the loss of opportunity, and the moral damages. The classification of Damages by cause includes Damages in lieu of performance, damages for delay in performance, and the simple damages that have great importance in the new German Civil Code. In this article, the claim for contractual damages and different types of damages also has been taking into account from the German legal precedent viewpoint. Since the use of legislative and judicial experience of the German legal system can identify gaps in the Iranian contract law, in various sections of the article, the comparison of these two legal systems has been considered in an analytical-descriptive manner.

Football contracts in the domestic arena and, to some extent, in the international stage suffer from a plethora of gaps and imperfections. According to pronouncements by FIFA, every football contract is valid only upon the possession of 13 specific headings. In contrast, the regulations of Iran’s football federation lacks any particular minimum criteria for football contracts.
        This paper, while examining the minimum criteria of football contracts under the regulations of FIFA and Iran’s football federation, deals with the legal status of player’s internal contracts with clubs, particularly when they conflict with the official agreements of the players registered in football federation and reaches the conclusion that in case of conflict between the contents of internal contracts and the formal agreements registered in the football federation, the latter prevails. Also, it comes up with the findings that codification of a minimum standards for football contracts, the unification of the contents of such agreements, modernization of regulations applicable in the football field, and the removal of their ambiguities, are necessary and unavoidable.

The role of the obligee in advancing contract is usually ignored and Legal reviews often study the role of the obligor and his obligations. However, the obligee undertakes tasks that are significant to facilitate the performance of contractual obligations. In this way, the obligee shall enable the obligor to fulfill his obligations and reciprocally benefits from what he deserves. This matter can be detected in some international documents to which Iran is a party. Some legal articles have also approved it.
This article describes the responsibilities of the obligee and their sanctions during different phase of the contract. Providing information, demanding the performance of the contractual obligations and inspection are the examples of oblige responsibility during the execution of contract. In the event of a breach of contract, the priority of demanding the execution of the contract (specific performance), the timely application of the termination right and reduction of the damage are among his obligations. In the case of the frustration of the contract, renegotiation and on- time termination are his obligations as reviewed in the third chapter.

As a result of "Zaman-e- Darak" (i.e., When someone sells the other's property, the original owner can follow his property and can catch it everywhere that he finds it), the buyer shall refund the price and in case of seller's ignorance, shall pay the related compensation that is caused by this situation. In this case, if the original owner refers to the buyer and takes back his property and its interests, he should inevitably refer to the seller and refund the money which has paid. In our law, if the buyer was ignorant that the subject of the contract belongs to another right, he can want the money spent and his damages. A significant loss is the contract subject's increased price, and the main question is whether the seller is liable to demand the modified price on the refund date? Although this matter was controversial at first, it seems that according to the Supreme Court decision, this increase is considered a loss and, therefore, awardable. Due to the devaluation of money, our courts understood that just paying the pure price and the losses about transaction costs is not enough, and the social and legal customs don't accept it. This is necessary to choose a way that compensates for all certain damages. In this way, we should interpret the Verdict of the supreme court of unity procedure number 733 so that this kind of loss can be demanded and assessed. This method's advantage is that we compare the contract issue with the things that have similar value.

Unilateral dispute settlement clauses in international commercial and investment contracts –especially international loan contracts- are designed to provide one party to the contract with more dispute settlement options (normally domestic courts or arbitration) than the other contracting party. Thus one party may take into account different factors –including enforcement consideration- to choose from different options while the other party is stuck with only one forum.
Although there is a wide range of opinions regarding the validity of unilateral dispute settlement clauses in different jurisdictions, the recent reasoning of the Supreme Court of France has caused a new trend in the invalidity of such clauses in other jurisdictions. Throughout this research, some important rationales behind the invalidity of unilateral clauses have been surveyed and assessed. In sum, it is fair to suggest that unilateral clauses are, in principle valid, unless such terms amount to blatant injustice.

In today’s world, marketing methods have changed dramatically due to rapid technological advances and increased levels of public awareness. Email marketing is an extremely efficient but at the same time inexpensive method of marketing. Excessive use of e-marketing and spams by companies has created difficulties for consumers in response to which governments have introduced new regulations. UK is one of the most advanced countries in this respect, while the only regulations concerning e-marketing are found in Iran E-commerce law.
In this article, the authors have attempted to look at Iran and the UK laws through a comparative prism with a view to identifying existing pitfalls in Iranian laws. It appears that Iranian laws require to be updated to become in tune with global standards in particular as far as the severity of sanctions for infringements is concerned.

Electronic commerce has affected all aspects of life; it results from technological development and is still in progress. This development has some consequences and results for people. Breach of personal data and privacy is one of them. Cyberspace has targeted all aspects of personal data such as genetic, identity, physiological, behavioral, and religious beliefs information to achieve their political, economic, and social goals. This article aims to assess the legal protection of privacy in accordance with GDPR and Iranian laws. That is, whether these rules can prevent the violation of privacy on the Web, or whether in the digital age, it is the end of privacy and personal data protection. It is a significant issue that requires careful analysis and evaluation. In this paper, by examining the concept of privacy in EU regulations and the Iranian legal system, it is analyzed that laws need to be more up-to-date than developments in the digital age. The concept of privacy and personal data must be specifically introduced and protected within the law. To be placed. However, none of the domestic legal systems examined laws have a comprehensive and coherent definition of personal data, and this gap should be addressed in Iranian law. Finally, a broad definition of personal data is provided.