دانشنامه حقوق اقتصادی
پیاپی 1 (بهار و تابستان 1391)

Considering the present situation of the society that increasing inegulity led to deprivation progression and according to impact of huge institution of waqf (endowment) at resolving such problems, it is necessary to make an opportunity that new subject such as cash waqf being studied and examined. The aim of this paper is to study the theoretical and jurisprudential views and analysis the benefits of cash waqf. looking at the historical trend of the term of cash waqf and it's honorable history in some societies and fading out at the others, the necessity of examination of this subject is getting more outstanding. Based on analytical - descriptive methods and by Using of documents and library resources as well as domestic and foreign papers, cash waqf is going to be explored in this paper.The results of this research that are based on theoretical analysis show that cash waqf is possible and it is not in contrast with religious principles. As well as, the results show that cash waqf would have important role on poverty reduction and jobs development in society

Consumer rights and the need to support it is a common issue of law and economics. Indeed, consumer rights are a set of rules which must be observed by all suppliers of goods and services in accordance with the relevant legal regulations, and the content of the relevant contract. It concerns the rights which are originally aimed at making a balance of trading power between consumers and suppliers. It is called "fundamental rights" in the countries that have recognized this right in their law and regulations. This right is among those human rights which are either peculiar to the rights of consumers or those in which being a consumer is considered a prominent feature. In this paper we investigate the "Iranian Consumer Rights Protection Act" of 2009 and the regulations of the "European Union" under the title "European Law Framework" and "United Nations guidelines for consumer protection". We conclude that "the right of selection and procurement of goods and services," "the consumer safety rights," " the right of sufficient instruction and information, "and" the right of enjoying support" are among the fundamental rights common to all these rules and regulations.

Privatization of banks or private banking requires making preparations and regarding different rules and commitments in various fields undoubtedly. Considering legal perspective, the arrangements and requirements will be analyzed and evaluated in the two major cases that are "change in ownership structure" and "change in the areas of decision making and monitoring." In this paper we explain briefly each of these require ments and also will analyze and evaluate history and current attitude of Iran legal system in each of them and regarding to these requirements, we study the strengths and weaknesses of current laws and regulations too. The results of this study shows, although the Iran legal system had a good workbook in terms of "change in ownership structure" in the banking industry but still it is at the beginning of the way in terms of "change in decision making and monitoring" and assignment in this area moves forward slowly.

Nowadays, harmonization of regulations regarding the sanitary and phytosanitary measures and its advantages and disadvantages is one of the most controversial issues in international trade law. This issue has gain much attention, in particular, after adoption of the WTO's agreement on the application of Sanitary and Phytosanitary Measures (SPS Agreement) and its emphasis on harmonization of sanitary and phytosanitary measures by considering international standards concerned. The purpose of this study is to identify the margin of discretion that is enjoyed by WTO members in taking the sanitary and phytosanitary measures under the harmonization provisions in above-mentioned agreement. This paper through literal and textual analysis of the provisions of the SPS agreement shows that the agreement does not intend to provide an absolute harmonization in sanitary measures, but to give WTO members a free hand in adopting the sanitary and phytosanitary measures. Eventually, in order to encourage the member states to advance towards the harmonization on the basis of international standards, it is assumed that only measures conforming to international standards are consistent with the provisions of this agreement and also with the GATT 1994.

The protection of creditors and making suitable security for their rights will result in their trust for the investment and will lead to the briskness of the trade and economic growth. One of the most important problems is the protection of creditors against contracts that debtors conclude them with the intention of escape from the payment of their debts. In this study the validity of these contracts is examined in a comparative study of the French, Iranian and Shiite legal systems. The French law provides the possibility of fraud action for the protection of the creditors against above-mentioned contracts and the action, with some conditions, can make these contracts incapable of been invoked against the creditors. In the Iranian law, with due attention to 40th principle of the Constitution and the reasoning behind the article 65 of the Civil Act and La Darar rule we can consider such contracts voidable. The latter sanction is stronger than the above-mentioned French sanction and protects the creditors so better. However, it is notable that in the Iranian law, the specific provisions in special Acts in the ground must be followed.

In the legal systems of Rome - Germanic, there is unique sources and unique elements for the obligations that talking of obligations commons isn’t useless. In spit of this there was confused reasoning in law of Rome and French law that it has been effective on law of obligations of the other country end Iran and nowadays in news books of obligations in French law before of the other topics and for prevention of confused reasoning there is a topic of the place of obligations. In the law of IRAN there is confused reasoning between obligation and contract. Therefore it is necessary that the place of obligation is became clear with the theories that comparatively is be studied in this article.