during the pahlavid first period,ie after reza shah's ascencion to the throne,the modernization of all the pillars of state,including the juridical system was brought to government's attention.the government's approach in this process was keeping itself away from the religious legal system and inclining to secular structures.this approach aroused ulama's reaction,because they considered themsel...

in articles of 196,768 and 769, the iranian civil code, under influence of the french law (art.1121 civ. code) and imamieh's jurisprudence, without any explanation to the legal nature of the contract for the benefit of third party, has briefly allowed the contracting parties to create an obligation for the benefit of third party. this brevity caused an ambiguity in explaining of the relati...

although the subject of a lease contract is the benefits of property, according to the gradual essence of the benefits, the delivery is also possible in a gradual manner after coming into existence. therefore, the delivery of the benefits is under the general rule of delivery. this means that the loss and defect after the delivery is not considered as loss and defect after the handing in of and...

documentary credit or letter of credit (lc) is one of the methods of payment in international commerce. the documentary credit is a binding commitment from the issuing bank to pay a sum of money to the beneficiary on certain conditions. the applicant needs to contract with an issuing bank to open a lc. the legal nature of such contract is a controversy issue and thus different opinions are brou...

as iran has adhered to new york convention on recognition and enforcement of foreign arbitral awards since 2003, according to article 9 of iranian civil code, the convention’s provisions are treated as part of iranian laws and regulations. this essay, in order to clarify the enforcement regime provided by new york convention, which is now part of the positive legal system of the country, after ...