نشریه مطالعات حقوق تطبیقی معاصر
پیاپی 5 (پاییز و زمستان 1391)

“Defect” in aircraft manufacturer’s liability, has completely different meaning from “Defect” in the law of contracts. In the first one, a product will be defective, when it is not lawfully safe. We recognized four kinds of defect in an aircraft: technical defect, defective design, defective manufacture and deficient warning. The manufacturers are certainly liable for their products. Among different kinds of liabilities, this paper illustrates that the strict liability is the best theory in aviation cases; therefore, the plaintiff does not have to prove negligence of the manufacturer. In this article, we studied some technical and legal points in aviation accidents and the law of aircraft manufactures’ liability.

Nowadays theory of "public services" is the dominant theory in the discourse of fundamental administrative law. According to the theory, "public services" refers to "public interest activities that are provide by public institutions or private institutions under it. On the basis of the principles of Constitution, including principles 3.29.30.43, the theory is considered as the basic principle of administrative institutions.There are principles that govern the theory, and includes equality, priority, gratuity, continuity and coincidence. Some of them such as equality and gratuity (about free education and sport) are incorporated in Constitution, but others are not mentioned explicitly.

Codifying the governing regulation on employment relations of labours employed in government sectors is one of the current issues in labour and official emoluments. The present research initially indicates the legal maxim involving labor law and focuses on the case of employees within the government sectors as an important exception in the above-mentioned maxim. Moreover, regarding the fact that this exception only involves the public servants and not the labours within this sector, the attempt has been made to demonstrate palpable criteria for the segregation of labourers and public servants by the assistance of juridical laws and policies as well as general legal laws. The research proceeds to the employment status of some other public servants within the government sectors which are not governed by any employment law but some employment regulations govern them which are ratified by the Cabinet or other ministries. The attempt is to clarify the employment law system governing those institutions and public servants who are beyond the working law or in which both parties of labourers and public servant are employed. The aim of this research is to explicate the ambiguous status of some parties of public agents and the results indicate which parties due to falling under some special employment law or regulations do not fall under labour law, and which parties of public and government servants are labourers and consequently fall under labor law.

In most pre-sale contracts, due to the prolonged period of production, the price is not determined and calculation is to be postponed to the future time. This manner is common in pre-sale of apartments and cars and in some cases, under the contract clauses, the price is determined by the seller and this would lead to a conflict. Under the traditional rule adopted in Islamic jurisprudence and Iranian civil code the price should be fixed; otherwise the contract will be void. Given the problems of uncertainty in pricing on one hand and legal-jurisprudential barriers on the other, the present article attempts to clarify the needs of present time and study the topic in Iranian and Islamic law with a comparative survey in foreign law and international instruments to achieve a solution for possibility of determination of price in future and after the conclusion of contract, without disruption to the Islamic basis and principles.

According to the common opinion in SHIA's jurisprudence some properties of a deceased man, belong to his elder boy and other inheritors are deprived. This order is based on some existing Hadises. On the other hand, there are some proofs that indicate the equality between all inheritors in possessing the patrimony. Despite Some justifications that can be resorted to in this case, majority of Imamiah's Jurists denied them. This article is a further consideration of proofs in this case. We would suggest the elimination of article 915 in civil code that includes this order.

On artificial fertilization (legal and illegal types), the jurist's comments are considered in respect to the relationship between the owner's sperm and the child born. The rules about the children born in laboratories are new ones in juridical society which should necessarily be issued according to public rules but abortive fetus punishments do not apply to them before transferring to the uterus because the term alive human being' never applies to them. Germs created in labs with the conditions of being and to be born alive will have all the rights of heritage, if there is no obstacle. There is belonging and direct relationship between the lab infant and the parents and all terms of alimony, intimation and marital prohibition with related family rules apply to them. The legal patronage is undertaken by the father and paternal grandfather and mother has custody of the child until the age of maturity and then it will be awarded to father for the rest of the child's life. This paper is an attempt to investigate the non-financial rights of unnatural- born Infant.

“The regulation of national consultative assembly election” is one of the documents which completed the Iranian parliamentarism project after the constitutional law was approved by Mozafaredin Shah. This research investigates the political and legal situation of this regulation in Iranian public Law. It also examines the legal characteristics of this regulation and clarifies them with respect to free and fair election. Conducting research on this topic is an emphasis on one of the perspectives of Public Law, which in this regard, just like the tradition (without just considering Act terms) will be understandable through considering the tradition and political terms of the legal texts. Due to some specific justifications, superiority of the political view on the text and nonnative language of this legal document is reasonable; however, these raise some legal issues in Iranian electoral system, which will affect adjusting the political power and forming the rules of Public Law.

Transfer of ownership is often accomplished by agreement of two free wills. Transferring the property to another with one will, and owning a property without the will of transferee are often not accepted in jurisprudence because they are contrary to independence and freedom of individuals. A deeper reflection in the opinions of jurisconsults shows that although there are express objection towards the transferring of ownership throught unilateral obligation, this is not nonconventional and we can see its influence in some subjects like testamentary disposition, ownership as a corollary condition, money given as a gift to a bride's mother and some other jurisprudence institutions. In some Iranian civil law writer's view (e.g. jurisconsult's views), civil law doesnt accept that one-sided will can primarily make ownership for one individual unless it is an exceptional case, but the extent this view is accepted in Iranian legal system is controversial. Investigating the views of scholars about the acceptance or rejection of transfer of ownership through unilateral obligation and also criticizing their reasons, this paper investigates the possibility of acceptance of such transferring in statutory law.