نشریه تحقیقات حقوق خصوصی و کیفری
سال پنجم شماره 2 (پیاپی 12، پاییز و زمستان 1388)

International terrorism can be defined in the framework of international systemchanges. To do so, in this article we try to describe terrorism through theglobalizations’ different aspects. In better words, this essay is a theoreticalexplanation of the new terrorism by applying some globalization effects on theindividual especially the South people. Presenting a new framework of analysis toexplain new terrorism, this article is to mention the main globalization aspectsnaming political, economic, cultural and technological on occurring new terrorism.Globalization process has created a dozen of phenomena such as emerging newnon-governmental actors, weak states, international crimes, great immigrations,merging of different races, information & technologic revolution, distribution ofWMDs etc. These elements beside the other main factors of globalization causemeaning and identity crisis in under developing countries and specially groups andindividuals of the South. To project this crisis the individuals resort to ideology andreligion to find or redefine their identity. They try through ideology to escape fromfrustration and in this way if they access to WMDs the results of their actions is newterrorism

According to Iran’s law, like many other countries, upon signing a sales agreementthe seller’s ownership shall be transferred. of course, not all sales agreements resultin immediate transfer of the seller’s ownership although ownership transfer uponsigning a sales agreement has been accepted as a axiom and a general rule in manysales types transfer of ownership occurs at an interval from the signing time of thesales agreement and we are witness to a kind of deviation from ownership transfer atthe agreement signing time. Seller’s ownership transfer in an unascertained sales ofgoods and is considered to be a realization of law, and in this article we studiedownership transfer mechanism in these two types of sale of goods through andanalytical and comparative research which, from the author’s point of view, issuspending mechanism of these lines.

In domestic and international commerce field, the credit cards have achieved aspecial position as modern tools for electronic payments. Therefore in order totaking steps along with the technology and to use these tools optimally, the Islamiclegal systems must take serious actions in stipulating written laws in this field.Considering that the main obstacle in forming and developing international creditcards in the legal system of Islamic republic of Iran is the discrepancy (noncomparing)of the related laws for the mentioned cards and jurisprudence Islamiclaws for banking interest, therefore first we discuss the principals and then we willmention the benefits and allowances of the credit card beneficiaries, legal nature ofthe transaction with the above mentioned cards this article, and we will offer somesolutions in this regard, analyzing the credit cards in Iran and Anglo-Saxon countriesin general. The general results of the research shows that in united states of America,in the laws stipulated by the federal reserve board of directors (central bank of theunited states)1 which supervises on the bank loans and the loan contracts in the lawsnowadays, the credit card contracts are stated in a frame work of concluding debt(loan) contracts, at the present time in Iran there is no written and uniformed lawwhich supervise on the private and governmental bank operations, which hasresulted to many problems and issues using these kinds of cards. Therefore in orderto remove the existing obstacles, we can take another step toward developingelectronic commerce in the country in accordance to the principal of free will,limiting the related contracts in the framework of the article 10 of the civil law andassigning the amount for interest and pre-assigned installments while the contractsare concluded, observing jurisprudence and legal principles.

According to commercial code and CMR convention, the domestic and internationalcarrier of goods by road is liable for making any destruction, loss or defect of goodsand damages because of delay in carrying goods to the named destination. However,they are silent concerning the liability of the carrier if he refuses carrying the goodsor delivering them .Considering the general principls of law governing contracts, itseems that the carriers may be also liable when they refuse to carry or deliver thegoods. The legal effects of the carrier,s liability are not the same in all circumstancesand a distinction should be made for various types of liability. In case of loss, waste,defect and delay in delivery,the carrier has the responsibility of paying the price ascompensation and in relation to refusal of carrying or not delivering the goods,thecarrier will be bound to do so as it is a binding contract. Nevertheless, in some casesthe carrier does not have liability regarding the consequences. When the carrier mayenjoy the right of revocation of carriage contract and he/she, by application of thisright, refuses carrying the goods, the carrier can not be bound to perform theobligation as his own responsibility. This is also true in case of no responsibilityclause, the existence of defect in the goods ,hazards resulting from the nature ofgoods interference by a third party,s action, the error of the transmitter of goods,damage due to erroneous instruction of the sender or receiver of the goods andoccurrence of force majeures where the carrier is not bound to pay compensation.

After some fluctuations, voluntary assignment of right was accepted in the Frenchlaw. In Fact, this was the result of acceptance of the thesis, that is Separatin ofobligation from the personality of creditor and its assignability .Fortunately, in Iranian law, attention to the Figh backgrounds, there is no problem inacceptance the legal establishment of voluntary Assignment of Right. For example,Guarantee contract and Draft are the best cases that are based on the assignment ofobligation. However, it is necessary to say that, voluntary assignment of right inIranian law is possible in many ways concluding; nominated contracts, unnominatedcontracts and some other ways that are discussed in this article.

Article 306 of Iran Civil Code relates to power of property management forabsentee, interdicted, or such persons if certain conditions are met. However, FrenchLaw, where Article 306 was originally adopted, as well as laws of Egypt and Syriaprovide for wider scope of power, compared to what is stated in Iran Civil Code,which includes pressing and / or essential material and legal appropriation for thebenefit of the owner. The civil codes in the three countries under study define thelegal entity as “Management of another’s affairs”. This study attempts to review andarrive at a better understanding of the legislators’ intent by comparing it with similarlaws of other countries. Furthermore, this study tries to prove that management ofnon-financial matters as well as management of debt and receivables may, undercertain circumstances, fall under the relevant laws of another’s propertymanagement.

One of the important matters about the reviewing the conclusion of the ElectronicContracts, which are concluded through different Electronic devices like telephone,telegram, fax, in the cyber space and through Email, is the matter of the Electronicsignature. Indeed the Electronic documents and specially the Electronic Contractswill be completed by signature and will be attributable to the relevant party. Thecomparison between the Electronic and traditional signature, will be helpful forachieving a better conception of the issue.The importance of this discussion is for supporting the contractual right both for thesender of data massages and also the receiver. In the other words conclusion or nonconclusion of the Contract formatted via Electronic devices and subsequentlyforming the rights and the obligations of the parties, is substantially focused on thiskey question that whether the relevance of data massage to the sender is attributable?The idea of insured data massage or insured Electronic signature and also suggestingthe certification authority is based on possible avoidance of any kind of doubt orambiguity about the attribution of data massage.