Bringing in Foreign Ideas: The Quest for 'Better Law' in Implicit Comparative Law

Diffusion of ideas and comparative law

I. The doctrine of separation of powers As an idea which was ostensibly derived from the domestic constitutional practice of a single state but which has subsequently been adopted as a core constitutional value in many jurisdictions, Montesquieu’s separation of powers theory should be a poster child for the carrying out of constitutional transplants. Widely celebrated and globally diffused, the...

Surrogacy in Comparative law; With Emphasis on French, Iranian, English and Greek Law

The surrogacy is one of the artificial reproductive technologies through third party interference, which has raised many legal debates. Studying the law of various countries around the world shows a variety of different legislative approaches in this regard. In this paper, I first categorize legal systems around the world in the field of surrogacy. I then review the laws and regulations of four...

Contract for the formation of a bank account in Iranian law and comparative

 Abstract: By creating a bank account agreement, an account is opened under the name of the applicant in the name of the bank. In accordance with the provisions of this agreement and the intention of the parties to the contract, the bank undertakes to accept all the funds the account holder or third parties intend to deposit into this account with the account holder, and, accordingly, the acco...

Bringing Business Insight to Law

The principles Govering Remedies for Breach of Contract According to Expectation Interest In The Modern European law and Iranian law

Freedom of choosing an efficient remedy after the breach of contract, Cumulation of homogeneous remedies and the right to change the selected remedy in modern European contract law have been accepted via the approach of support of the injured party`s expectation interest‌‌‌. The consideration of these principles indicates that the remedies for breach of contract are not concerned in itself and ...