the concept of “ultra vires” has been studied in two specific areas: in company law and in discussions on the issues of capacity and acts of representatives. historically, in english law, ultra vires acts were considered as void, and neither representatives nor shareholders could approve them at a later time. subsequently, judges in common law system changed their approach from a restricted cap...

promise de port fort is an useful legal basic for justification many civil and commercial transactions. such as bank guaranties, insurance and guaranty of things it divides two legal relations, relation between parties if third party not ratify and relation with third party if she or he ratify that promise. unlike its appearance, it, is not violation the principle of relativity of contracts. be...

the kind of contracts of government and public organisations that relates public affaires, that named public or administrative contracts , are very important to fulfil legal duties of government, and public contracts are new forms of providing public welfare, and management of public services, that are based on consenting instead of being authoritarian, but had been studied less in iran law bec...

when there is a title retention clause, the seller is the owner of the subject of sale. the buyer, might yet, sell the same chattel to a third bona fide person. in the conflicts of the interests of the owner and bona fide purchaser, the right of one of them should prevail. iranian law and its religious background always prefers the right of the owner and neglects the right of the bona fide purc...

based on a general rule in civil liability, external causes limits or excludes the liability of defendant. however, the question is that whether it is possible to applied the general rule when there are compulsory liability insurances? this paper is intended to study the subject-matter regarding traffic accidents (as one of the anticipated cases of compulsory insurances) in iranian and french l...

this essay studies theory of lex mercatoria which is based on the assumption of existence of a third legal system along with the national and international legal systems regulating international commercial relations. for this purpose, the essay discusses the backgrounds of creation and emergence of the theory, its narrow and broad meaning, elements of which and the extent that it has been recog...

Background: ART contracts involving third parties have been created while clinical reproductive treatments are globally widespread. Iran is pioneer in applying these treatments in middle-east due to shii’at jurisprudence prescribing them. This key role in region, has raised Iranian jurists’ responsibility in developing a legal system regarding administration of ART. The most significant part of...

due to the british hegemony of iran in both pre- and post-constitutional revolutionary periods (1906-1911), the iranian legal system was expected to be influenced by british common law following the establishment of the modern government after the revolution. but it did not happen for various legal and non-legal reasons. a major legal reason could be iranians’ long history of acquaintance with ...