the principle of “non-retractable agreement between contractual and non-contractual responsibility” is a traditional rule in the french law and countries adapting the french law of harmony and homogeneity; this rule means that if the claim for petition is based on the mistake, i.e., if it was meant to be based on contractual liability, rather than liability enforced in accordance with establish...

the cooperation theory of the parties and the judge in the settlement of disputes is a new issue in the civil procedure that has been presented by one researcher in recent years. the cooperation theory is defined to mean law enforcement. in other wllmords, the parties and the judge participate with each other to settle a dispute. although in some of the new rules this theory can be seen sporadi...

the main purpose of this article is to determine the nature and effects of reservation of title clauses in iranian law. to bring out the exact comprehension of its nature in iranian law, the study of the matter in other legal systems is required. although it is not always easy to pass upon the question of validity of these clauses in iranian law, by highlighting the security interest in such co...

iranian oil buy back contract is a kind of service contract that foreign party carries out all operations in development or reconstruction of oil or gas field with its costs. in return, national iranian oil company obliges to compensate contractor all capital or non-capital costs necesserly by produced oil or gas from the same field. the energy charter treaty as the most perfect international t...

one example of unfair competition is competition through discrediting a competitor. french doctrine and precedent has been accepted and it has explained this legal entity. but the richness of the iranian legal literature on this subject is not enough. therefore, in this paper a review of unfair competition, while explaining the concept and its variants, and based on the analysis of the resultin...

one of the principles of the responsibilities is that responsibility is personal. the principle of vezr denotes that responsibility is personal. but sometimes there is a vicarious liability. in french law until 1991 the vicarious liability was un exception and the article of 1384 of civil code of french has been interpreted limitedly. from 1991the exception has been changed into the principle. ...

today, the issue concerning the conferment of the whole or a part of the material rights belonging to the author and the related contracts is of special importance, to the extent that in some legal systems, such as the french, various specific contracts, like the publication contract, special provisions and regulations have been devised for it. whereas, no special rules concerning the above-men...