مجله مطالعات حقوق تطبیقی
سال سوم شماره 2 (پیاپی 6، پاییز و زمستان 1391)

Information Law is an emerging field of study which its subject-matter, aims and issues are under-developing and formulation. There are three main approaches to information law issues and challenges: one approach, maintains that information is free or must be free, second approach, based on propertization, extends property protections to information, and third one insists on the cost-benefit control of information. This article, with due regard to third approach, intends to elaborate on the Information Law by applying concepts and methods of economic analysis of law. Information, in the economic analysis of Law, being as public goods, has special features which distinguish it from other goods. These features make its market special and different from other markets. Hence, regulation of information issues and market must be based on these features.

As a commercial instrument, bank check has an important role in the life of international economy. Therefore, along with unification of international regulations for bill of exchange and promissory note, the idea of applying uniform regulations to the check was gradually improved led to the approval of three Genève conventions in March 1931. The said conventions were accepted by most countries including France, Germany, Austria, Denmark, Brazil, Belgium, Italy, Japan, Switzerland and Sweden. However, Iran has not joined any of the said conventions and- contrary to many other countrie's legal systems, international conventions and instruments- has considered a penal sanction for it in order to protect the bearer's rights. However, the legislature has made some reforms and revisions in regulations on bank check to a high extent under international influences which are easily recognized within legal provisions dominating bank checks. Even there are some principles – e.g., the principle of objections uninvokability- which are explicitly not mentioned in the law but are accepted by the juridical doctrine and procedure. Indeed, principles of globalization and legal uniformity have both led the legislature towards unification of many laws in both sectors of transactions and trade, directing them towards a uniform system. Because Iran's legal system is –somewhat- following the international regulations, the check-related laws are gradually moving towards uniformity with these regulations. Elimination of penal sanctions on bank checks will play a significant role in the evolution of Iranian law.

A non-performance of contract in due date is considered as an actual breach, has sanctions in order to securing interest of the injured party. Has foreseeable breach of contract - it is accepted today as an actual breach by different legal systems - the same sanctions of actual breach of contract? In this article suspension of performance of obligations by innocent party and, in some conditions, terminate of contract as sanctions of the foreseeable breach with comparative approach in the International Sale of Goods Convention -which its rules for the in question subject have accepted by different legal systems - and in the principles of International Commercial Contracts as well as Iranian Law, are examined. As the result of declaration of international different rules make an effort for amendment and completion the International Commercial Law of Iran.

Although Iran and Iraq have so many aspects in common –such as: both governments are "republic", and they both have some Islamic implications in their political-legal systems- there is many differences between their legal structure and dominant systems; which can have roots in differences of different conditions under which the constitutions were written, as well as other elements such as: different histories of states, previous political status, and other structural differences. These factors caused Iranian constitution –against its writer's will- to be unsuccessful in leading neighbor countries. We can see the differences in three legal aspects: differences in dominant foundations and spirit of constitution law, different legal-political macro-structures – which lead Iranian dominant system to be simple, versus Iraqi dominant system that is federal-; and finally different status and rule of three powers and officials; that can be derived from their job description, tasks and the procedure of application

Detention has been taken into staff consideration as a restrictive action since a long time ago. Besides quite a few multiple documents are issued in connection with freedom support against detention by human rights defenders and international organization. Since illustration of these documents practically display, digging in method of international penal courts such as permanent and temporary regarding to this issue could point to benefit amount in courts from these documents. Also survey of the civil rights in detention as providing criminal could express this issue that how much is benefit amount of the civil rights from human rights documents and clarify legislative policy approach of the civil rights regarding to inclination to documents or to rules or procedure of international criminal courts. therefore examination of these issues can suitably assist with energizing the civil rights.

This sentence is what a prominent English judge has said about the power of judges in dealing with cases in English law. An example of this power can be found in contractual terms for damages called Penalties and Liquidated Damages. As it is expected, contracts are basically made to be performed and not to be avoided according to the whims of market fluctuation. However, the adherence to freedom of contract does not mean leaving the parties totally unattended, but providing adequate legislation and rules for the support and protection of the weak, and then allowing the market to work in their interest freely. The study of agreed damages clauses in English law reveals that Penalty and Liquidated Damages Doctrine will work somewhat different from what is said above. What has persuaded some English judges to adhere to this doctrine, besides their general concern for justice, was the angle that they used to see and construe agreed damages amounts in contracts. They always considered this amount as an estimated compensation for the loss suffered through a breach. In this article I will try to explain the above theory and its development in English law, which later affected the laws of all other common law countries. I will show how an agreement on damages are construed by judges and on what basis they will find it either enforceable or avoidable, and what happens if they adhere to the latter. I also will attempt to show how traditional policy of intervening in agreed damages clauses has affected the legal character of these clauses in English law.

This article contains an analysis of the Iranian, German and Austrian law of shares as securities. Stocks are issued to the capital market with a view for them to circulate among market participants. Iranian legal scholarship has seen a debate on the nature of shares. Some classify them as property while other classifies them as obligations. The distinction is of interest because certain rules of law are said to apply to assets that are property, but not apply to obligations. This paper will put forward the thesis that listed stocks in stock exchanges are born as obligations but continue as property with particulars of their own kind. They are asset invented by market participants. They are fungibles and have been created to circulate in liquid markets.