دو فصلنامه بررسی های حقوقی (مجله تخصصی حقوق اقتصادی)
سال یکم شماره 2 (پاییز و زمستان 1390)

Globalization has been effective in legal ambit and especially on law of contracts as such in way that international commercial customs are stated instead of national and domestic commercial customs and beyond that private international law instead of international private law. Today, countries are interdependent to obviate their needs and alternatively have to make contract to oblige their counterpart, however, since on the one hand national laws impose some restrictions to counterparts to protect their nationals and on the other hand most of developing and undeveloped countries do not possess political and economical security and safety, the counterparts either avoid dealing with them or calculate the cost of risk, increasing the price of goods and services. Such an affair has made uniformity of international regulations over contracts unavoidable and one of the ways to generating uniformity is using standard contracts. Since these contracts are result of expanded researches and use of experiences of merchants having expertise in particular contracts and regulated completely impartially in way that at least rights of seller and buyer is secured, have a great deal of credit internationally and among the international merchants. Standard contracts do not need legislation and have been widely common among international merchants and this originates from such a point that standard contracts possess current customs in that business, providing for most important and most trivial provisions that is presumed to cause argument. How ever, today standard contracts play an important role in international contracts in way that in many of transactions, merchants prefer to use these contracts to obtain normal grade of assurance. Such a thing as such causes a sort of legal uniformity in international transactions.

In many countries that have turned to consumer protection, it is clearly evident that the mere substantial support of consumers means that enacting the regulatory status granting special rights to them, in order to create balancing in their relationships with suppliers is not enough. Damages entered to consumers are often small and trivial. Accordingly, if the general rules of procedure are governed their claims, to bring actions lacks economic justification. If Consumers disregard resorting to their rights, consumer protection acts will come into abandoned laws. Consequently, cases of violations of the laws will be increased. Thus, today the "procedural protection" is regarded as one of important components of consumers’ access to justice and formed the effective element of substantial consumer protection. Procedural protection includes particular procedural measures and practices in process of addressing consumer claims such as Small Actions. In this article, in adding to expressing the necessity of procedural consumer protection, relying on the comparative study, the rules governing small claims will be scrutinized.

Compensating consumer’s loss during industrial age which is accompanied with diversity and complexity of products and also danger as a result of non-standard goods has great importance and application. Goal of the present research is studying that whether in legal system of Islamic Republic of Iran the instances of consumer’s loss and methods of compensating it is determined or not? The present article deals with studying and analyzing rules and regulations governing over supporting consumer’s right in Iran including Consumer Support Act approved by Islamic Consultative Assembly approved on Oct. 7، 2009 and Discretionary Act approved on Expediency Discretion Council of Regime، Guild Union Act and some consumer’s loss and methods of its compensation.

The subject of trade documents holds the special position among trade regulations. Different forms of document transferring and their problems occupies the main part of this subject. In this article, first the Different forms of trade document and the way of their transferring by trade companies are studied. We believe that people who manage the companies law fully, althogh they donot obey the representefives ordinary rules they have the authority to transferr those documents. Because of this transferring, the company is responsible according to the present rules of trade laws. on the contrary, stop considering the rules and regulations causes that neither documents were transferred nor the company is obliged.

Supervision and control of government over economic affairs as a ruling duty has basic status in establishing correct and fair economy which results in obtaining general policies of principle 44 of The Constitution. In Iran ruling over economic evolution is accompanied with social justice and illogical imitation from imbalanced economic systems including: order economy (unlimited intervention of government), free economy (not intervention of government), and mixed economy of either governmental or private economy. Obtaining such goal requires having balanced and fair economic system that is mentioned at general policies of article 44 of the constitution. By using this approach, liability of government of Islamic Republic of Iran by preventing from properties of maximum government and minimum government are as follows: ruling over policy making, guidance, supervision over national economy at governmental and non-governmental sectors (cooperative, private, public and non-governmental). Liability of supervision and control of government over economic affairs is as a result of economic infringement and wasting consumer’s right as inevitable phenomena at economic and social activities. Whereas people by affiliating injustice at society to total ruling system, demand right of being supported by government, fulfilling this liability by government is absolutely necessary by having preventive look of government through discretionary punishment that originates from non-litigious matters at Islamic jurisprudence for vindicating consumer’s right. In addition, obtaining general policies ofprinciple 44 of the constitution requires modern approach of government over supervision and control over economic affairs by using powers of discretionary punishment compatible with economic problems and modern requirements of government.