the causation (tasbib) is a ground of liability in law which leads to compensation of damages in civil law and punishment in criminal law. as causation being discussed in both civil law and criminal law separately, it is generally perceived that the causation in civil law is different from that of criminal law. by reviewing the roots and conditions of causation, it becomes clear that the nature...

the decision of court and public prosecution in criminal matter has a absolute res judicats. the main conditions of res judicats (cause, object and person unity) become mooted in criminal law again, but criminal law is differ from civil law in this matter. in civil law, res judicats consider according to general conditions but criminal law can not consider upon those conditions. many cases, spe...

in spite of different ideas of islamic jurists, in iranian law, in article 184 of civil law, the suspended contract has been accepted and only exceptionally, this contract is null. in the french law and some of the islamic countries, there are two kinds or suspensions: suspension of formation of contract and suspension of dissolution of contract. in the civil law of these countries, the event t...

in the civil procedures act 1379 the act reference of arbitration is stipulated in agreement and arbitration clause due to no exact order of arbitration contract class. however, the civil law relies on the basis of consensual contracts. in contrast, the international commercial law relies on the arbitration contract as written form. according to the international commercial law, the arbitration...

the civil sanction is one of the most important sanctions for protecting copyright. in french law a special action named counterfeit action is predicted, which not only compensate the damages but also it has a preventive effect. this action doesn't require the proving of the fault and the lawsuit can be done by the author and the person who is awareded the exclusive licence. in this legal ...

this is the obligation of judge in civil trial to finding substantive rule of law which is governing to a case in current resource of law. as an important role, it depends to have an accurate acknowledge about rule's resources and applying it in governing legal system. in iranian positive law we can see two rule of law concerning this obligation, first in principle 167 of constitution and ...