فصلنامه مطالعات حقوق خصوصی
سال پنجاهم شماره 2 (تابستان 1399)

Abstract In accordance with the opinion of lawyers, the trade secrets are of the intellectual properties. In the intellectual property system, in order to protect creativity and intellectual works, two types of economic and moral rights are devoted to the creators and owners of them. moral rights is typically non-monetary concessions that are created to support the personality of the creators and, unlike economic rights, are not limited to time and place. In industrial properties, unlike literary and artistic works, the importance of moral rights has diminished in terms of focusing on commercial interests. This has intensified due to the unique nature of trade secrets, since the creativity, originality and even the novelty of the intellectual works are not important, and it is enough to take the reasonable safeguards to keep them confidential. Therefore, in written sources, there is no trace of the moral rights of the owners of trade secrets. Our findings suggest that the concept of "privacy" could be the basis for the formation of moral rights for the owners of trade secrets. Accordingly, "maintaining the confidentiality of information" and "disclosing secrets in the form of invention, compilation, and ..." are two rights that can be justified by the mentioned concept. since the source of the emergence of such rights (i.e. the occurrence of information in the owner's privacy) is not their perfect cause and since the said rights are not the main cause of the creation of an object and are not specifically reserved for the person who holds the secrets, it is better to consider the rights in question as voluntaraly and coercively transferable and abandonable.

Use of electronic communication methods for the production, processing, receipt, recycling, storage and management of data on civil proceedings in the lawsuit process, Announcement (service), hearings, preparation of minutes and other written documents (bulletins of the parties to the case, etc.), court hearings, as well as their notification and execution to the extent that it is technically feasible and feasible, are forms the electronic civil justice process. This paper, after a brief review of the disadvantages and advantages of electronic civil procedure, discussed this process from the start to its end. Then, the tools and procedures for the implementation of electronic civil procedure based on the solutions that can be presented to our country's system of law, has analyzed.

The bankruptcy law is born in financial crisis. The legal rules of bankruptcy change the rule of nonbankruptcy law to reduce its negative effects. The main question this subject is that what should be the basic purposes of bankruptcy law? The theories “Creditors bargain”, “Bankruptcy policy”, “Risk sharing” and “Rehabilitating values” has been raised in answer to this question. Study of these theories show that the purpose of bankruptcy law must be defined in two economic and social dimensions. The maximization of wealth is the purpose of economic dimension of bankruptcy law which emerges in the maximizing the value of existing property and maintaining the enterprise. In the social dimension, the optimal distribution of property is the purpose of bankruptcy law. There are two approaches to social dimension of bankruptcy. The first approach is that the distribution must comply with the agreement before the bankruptcy procedure begins. The second approach considers the distributive approach to be in favor of the weak party of the bankruptcy

Bank and monetary system are the issues of Modernization and industrialization. Implementing some terms and conditions to contracts is one the solutions to make nominal contracts compatible and up-to-date regarding developments in modern societies. Since the nominate contracts were created and legislated centuries ago, modern societies are sometimes challenged to cover their needs in those formats. To solve these challenges, one solution is to recourse the principle of contractual freedom. As a result, numerous modern contracts have been made in the name of innominate contracts in the current Iranian system. The second solution is to legislate new specific or nominated contracts, such as insurance contracts and labor contracts. The third solution is to recourse the condition theory, in this sense, by means of implementing some terms in the contract, we can update the same past nominate contracts, according to the needs of the day. This method has been widely used in financial markets, especially the monetary and banking markets. In this paper it has been attempted to explain the legal inefficiencies of this theory in financial contracts and suggest an optimal solution

Paragraph 9 of Article 84 of Civil Procedure Act refers to contingency of action as one of the exceptions to which defendant can resort against the appellant. The interest of appellant on contingent actions is not an unconditional one. The necessity of unconditional interest in bringing actions in courts is one of the principles of civil procedure in Iranian and French law, but this principle like as other one affect by some exceptions. In some cases the law allows the bringing of action to prevent future damages. On the other hand, despite this fact that the declaratory actions are not preceded by prejudice, but in some cases the declaratory actions are permitted in Iranian and French law. In addition, in Iranian and French law some cases of interrogatory actions are permitted, actions which aimed to force someone who has an option to decide. In addition to principal contingent actions, Iranian and French law permitted in some cases the executive contingent actions. Consequently, in this Article preliminary the cases and conditions of principal actions is discussed and secondly the cases and conditions of executive contingent actions.

Judicial corruption is a crisis that undermines the judicial integrity and prevents individuals the basic right to a fair and impartial trial. Enhancing the independence of the judiciary, Introducing accountability mechanisms and Transparency, increasing the judiciary's salaries and revenues, adopting anti-corruption laws, Judicial training in law enforcement and the fight against corruption, are among the strategies that can be introduced to reduce corruption. This article it will be dealt with and they must be applied together for effectiveness.

A corporate group is emerged with a parent company and one or several subsidiaries that each of them has their own legal personality. Classic corporate law considers no differences between companies of group and other companies but modern law especially economic law under influence of economic thoughts considers the member of corporate group as united phenomenon. Legal unity of corporate group is called doctrine of group of companies or corporate group and in Iranian banking law as united beneficiary. In this article we studied the doctrine of doctrine of group of companies in banking law as one important branch of economic law.

The thin skull rule, as judicial invention of 20th century, has come up from bodily damages cases. This rule applies in where negligent defendant due to pre-existing susceptibility and vulnerability victims, lead to unpredictable damages. The thin skull rule or eggshell plaintiff rule was first enunciated by Lord Justice Kennedy in Dulieu v. white and sons in 1901. Although place of birth thin skull rule is bodily damages cases but the courts tend to extend that rule to mental harms cases. This rule is known as an exception to the foreseeability of damage rule that is considerable in material damage cases. This rule is applicable in our law.

Although bringing in the third party (BTP) has been lying in Civil Procedure Act of Iran for about 100 years, but rarely its points have been noticed. Despite presence of some kind of dependence between main and ancillary litigation at all ancillary litigations, such dependence is much more in three litigations of third party entrance, BTP and counter claim and it can be said that due to said reasons this dependence is in utmost in BTP. In other words, BTP is a follower litigation. This obedience is observed not only in required number of plaint for BTP, but also in court’s jurisdiction, in deadline for presenting petition and plaint, in moving dilatory pleas and lawsuits, in joinder of claims in every instances of trial, in objection to the ex parte judgment, in appeal and even in pleading the Supreme court. In a way that independent hearing of a litigation which is in real BTP in any instance of the trial would be impossible. From these results other results would be derived in possibility of setting before dilatory pleas by the third party defendant of the main defendant about the main litigation, proportional possibility of application for attachment and injunction from him by the main plaintiff and the need for consent of the latter person for withdrawing the BTP’s lawsuit, non-issuance of necessarily only one judgment for the main and the BTP lawsuits, and principally necessity of joinder in all instances of its and any other ancillary litigations trial.

Any property that is subject to a registration but it’s registration is not until completed, and no ownership document issued, is the property in the registration process. The registration process starts with the registration of the application,2- by publishing alternated 3-stage with the expiry of the protest deadline to the alternal ads and non-receipt of protest its . By protest action whit 4-in the deadline its 5- stage By issuing a definitive vote in favor of registered applicant or protester its enters the step five. 6- in the limitation of around territory. Step seven finishing the limitation of territory and dispute resolution and finally by register at the real estate office and issuing the ownership document’s the property goes out of the registration process. In this article, it was established by law and regulations as well as the record procedures that in the first, second and forth stages, property status in registry flow It has a positive value of about Judiciary circumstantial evidence. In the third and sixth stages of the principle of ownership, the affirmative value of the official document for the real estate status was proven in the registry while relative to The right to compete and territory It is still worth a Judiciary circumstantial evidence. In the fourth stage and fifth The value of judicial Decision is Supremacy Stage Seven, as with stage eight There is a positive value to the official document although the value is subject to the issuance of an official document.

The Arbitration is one method of the Alternative Dispute Resolutions (ADR) with a quasi-judicial nature. The Foundations of this method are reduce the cost of resolving disputes, saving time and etc. The compliance with the objectives is subject to the quality of hearing and award in the arbitration process. The efficiency of arbitration is displayed in the award. The effective award is reasoned. The Iranian legislator approved this rule. Several questions will be asked about this rule: Is the concept of a reasoned arbitration award and a reasoned judicial judgment the same? Are there foundations of judicial judgment in arbitration award? What is the sanction of unreasoned arbitration award? What is the approach of the International Commercial Arbitration Rules?

In the present era in Iran legal system, several comments have been made with respect to one of the most fundamental concepts of bankruptcy law which is the cessation of payments. Some of the law intellectuals believe that only not paying the debts at the due time will result in bankruptcy and apparently article 412 of commerce code approved in 1932 confirms this belief. On the contrary, Some of the other intellectuals believe that the merchant must be incapable of settlement of his dues considering all his assets and not being capable of paying one or more debts shall not be deemed as the insolvency in its own aspect. In countries like Iran in which merchants usually have delays in paying their debts, considering the first belief would be in contrast with the practical truth of the society. Also comparing Ifla's with bankruptcy rules in commerce code and implementing ratio of assets to the debts is not considered by the legislator. On this basis, it seems appropriate to provide a moderate view based on a legal and economic analysis of the cessation of payments. The research in this regard will be the subject of this article along with a look at other legal systems.

The property which is introduced at the enforcement stage is often owned by the judgment debtor. However, sometimes a third party has come to judgment debtor’s aid and, by introducing his property, provides the ground for executing the judgment. This third party action, which is the subject of the note of Article 34 of the Enforcement of Civil Judgments Law, has not been analyzed in the legal books, and the authors have just focused on this point that the note has been codified in accordance with Article 267 of the Civil Code, which states that "if someone who is not the actual debtor pay the debt in question , it shall be discharged…" This silence of the legal community, along with the general statement of the above-mentioned note, has provided ground for disagreement in the judicial process regarding the conditions and effects of third party action, which itself raises the necessity of analyzing it’s legal nature. Through studying legal sources and analysis of third-party action, it turns out that his action is a unilateral legal act because the creation of the legal effect, namely the permission of possession in third party’s property in order to pay the judgment debt, is carried out on his unilateral will.