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Analises of Organic Theory of Directors in German, English And Iranian Law

Mohammad Beygi Habib Abadi, Mohammad Isaea Tafreshi, Morteza Shahbazinia
Journal PapersComparative Law Researches , Volume 24 , Issue 4, 2021 February 10, {Pages 25-53 }

Abstract

One of the most important theories in corporate law is the organ theory. According to this view, the will and actions of directors are deemed to be will and actions of the corporation. Analytically, the personality of directors and corporations is considered to be integrated and this identification is divided into two types of absolute and relative. According to absolute identification, the personality of the director is merged into that of corporation and his personal existence is ignored.

Procedural good faith of arbitration parties in England and Iranian Law

Morteza Shahbazinia, Asghar Arabian
Journal PapersComparative Law Researches , Volume 24 , Issue 4, 2021 February 10, {Pages 24-Jan }

Abstract

In current world, cases referring to arbitration as means of resolving dispute is an undeniable necessity. Due to some deficiencies in Iranian legal system, strengthening this institution seems to require protective of other legal instruments; one of the most important of which is the principle of good faith. Since currently there is no specific criterion for behaviors with good faith in Iranian arbitration laws of our country. This article by examining the principle of fair trial, introduces criteria and factors such as" Clear Hand, Prohibition of inconsistent behavior, Timely production of documents, Prohibition of Evidence hiding" as standards for measuring the parties behavior in obligation to good faith and continuity during the arbitr

شور داوران و نظارت قضایی بر آن در حقوق ایران و انگلیس‎

بی بی فاطمه برومند, بی بی فاطمه, شهبازی نیا, عربیان‎
Journal Papers , , {Pages }

Abstract

ضرورت تدوین نظام حقوقی ویژه برای ادغام بانک‌ها در حقوق ایران با بهره‌برداری از نظام حقوقی آمریکا‎

دانش آرا, عصمت, عیسائی تفرشی, محمد, شهبازی نیا‎
Journal Papers , , {Pages }

Abstract

Comparative study of civil liability due to nervous shock in English and Iranian Law

E Azizi, M Shahbazinia
Journal Papers , , {Pages }

Abstract

مطالعه تطبیقی مسؤولیت مدنی ناشی از شوک عصبی در نظام حقوقی ایران و انگلیس‎

تاری, عزیزی, ابراهیم, شهبازی نیا‎
Journal Papers , , {Pages }

Abstract

حسن‌نیت آیینی طرفین داوری (مطالعه تطبیقی در حقوق ایران و انگلیس)‎

برومند, بی بی فاطمه, شهبازی نیا, عربیان‎
Journal Papers , , {Pages }

Abstract

تحلیل نظریه رکنیت مدیران شرکت‌های تجاری در حقوق آلمان، انگلیس و ایران‎

بیگی حبیب آبادی, محمد, عیسائی تفرشی, محمد, شهبازی نیا‎
Journal Papers , , {Pages }

Abstract

The relationship between the obligation to fulfill the specific performance and the termination of the contract (Comparative study of Imamie jurisprudence, Iranian and British law)

Morteza Shahbazinia
Journal PapersComparative Law Researches , Volume 23 , Issue 4, 2020 January 10, {Pages 127-148 }

Abstract

As the rules are more dynamic and more accommodate with the social and economic requirement of the community, they would be more pleased by people, and leads to improve individual's class's standard of living. The way of encountering with a breach of the contract and the violation of contractual obligations are among these rules. It has certain different effect, whether the promisee enforce the promisor to perform its obligation and in case of failure revoke the contract or has the right to choose between referring to the court or revoke the contract in accordance with its own personal benefits. Most of the Imamiyyah jurist believe it has priority to enforce the promiser to perform its obligation than revoke that, Iranian lawyer mostly foll

Jointness in torts; comparative study in US and Iranian law emphasizing the concept of attribution

HAMED NAJAFI, MAHMOUD SADEGHI, MORTEZA SHAHBAZINIA
Journal Papers , Volume 20 , Issue 25000852, 2020 January 21, {Pages 353-398 }

Abstract

Joint tortship in its general sense is the intervention of more than one person in committing tort. In this sense, the jointness acompanicity and participates in it. The jointness, in a special sense, is limited to interfere more than two persons in the commission of the operation and the material element of the tort. In the US legal system, in addition to cases where two or more people really commit actus reus of tort, there are instances where with use of titles such as" attribaution", commition of actus reus is attributed to more than one person, Virtually. In this legal system, this is based on goals such as redress and deterrence. In Iranian law, according to the well-known Opinion, the jointness in tort, is subject to the commission o

The Possibility of Challenging Arbitral Awards Due to the Deliberate Disregarding of the Applicable Law

Morteza Shahbazinia, Ali Alidadi Dehkohneh
Journal PapersInternational Law Review , Volume 37 , Issue 63, 2020 September 22, {Pages }

Abstract

The parties to arbitration can agree on the applicable law, however, in case of lack of determination, the arbitrator shall determine it according to the appropriate conflict of law rules. Also, the arbitrator can interpret and determine the applicable law. If the applicable law is disregarded, since the arbitral award is final and the act determines the grounds to challenge, the parties cannot challenge the award. Iran’s International Commercial Arbitration Act does not determine disregarding applicable law as a ground for challenging the award, so the parties’ autonomy and finality are in contrast. The research shows that although the court cannot review the award beyond the expressed grounds, parties can add some grounds to it. In so

9." GOOD MORALS" AND" PUBLIC ORDER" AS SOURCE OF LAW PRINCIPLES AND RULES; A STUDY ON HOW TO TRANSIT FROM THE NEGATIVE FUNCTION OF LEGAL INSTITUTIONS TO THE POSITIVE ONE

Mahdi Shahabi, Negar Shahidi, Morteza Shahbazinia, Ebrahim Taghizadeh, Mehdi Rezai Amin, Seyyed Mohammad Tabatabai Nejhad, Mostafa Maddahinasab
Journal PapersJournal Archive , Volume 50 , 2020 January , {Pages }

Abstract

" Good morals" and" public order" should be regarded as the source of the rule of law and legal propositions so that they have not only a negative role, but also have a positive function. These two sources like other sources are affected by the basis of rules validity in legal system as far as pluralism in legal basis results in different types of" good morals" and" public order". Defining the type of hierarchical relationship between" public order" and" Good morals" also depend on the type of hierarchical relationship in the foundations of legal rules validity; so that we can say in Iranian legal system," religious good morals" and" religious public order" have credit priority. The difference between" Good morals" and" public order" is not

Legal Analysis of the Interaction between Competition law and Policies of Maintaining Stability in the Banking System with Emphasis on Banks' Merger (Comparative Study of US?…

Esmat Daneshara, Mohammad Issaei Tafreshi, Morteza Shahbazinia
Journal PapersPrivate Law , Volume 17 , Issue 1, 2020 March 20, {Pages 255-278 }

Abstract

There are different opinions about the application of competition law on the banking system. Many scholars do not consider the banking system to be subject to competition law because they consider the competition as a threat to the stability and security of the banking system. In contrast, some scholars believe in the exercise of competition law in the banking system. It is impossible to fully implement competition law in the banking sector due to the inherent characteristics of the banking system. Competition in the banking system increases efficiency and innovation in service delivery, however; stability is essential to maintain confidence. These purposes are not always consistent. The present paper seeks to examine the theories proposed

The effect of illegality of the underlying contract on the documentary credit with an emphasis on the approach of Iran's civil courts in case of the big bank fraud

Morteza Shahbazinia, Fereshteh Goroui
Journal PapersLaw Quarterly , Volume 50 , Issue 4, 2020 December 21, {Pages 707-723 }

Abstract

A documentary credit consists of a combination of several legal relationships. In some cases, the underlying contract or the contract for the opening of the credit may be illegal; hence the question arises what is the effect of underlying contract on the documentary credit and whether illegality in the underlying contract should be accepted as an exception to the autonomy principle of documentary letters of credit.In the law of Iran, the issue of illegality of the documentary credit itself and the underlying contract has been raised in the civil cases of the biggest bank fraud and the opinion of The majority of judges do not accept illegitimacy as an exception to the principle of autonomy and believe in the absolute sovereignty of the princ

Feasibility of the accepting the analysis of participation in trademark infringement in Iranian and US law from the perspective of economic analysis

Hamed Najafi, Mahmoud Sadeghi, Morteza Shahbazinia
Journal PapersJournal Encyclopedia of Economic Law , Volume 27 , Issue 17, 2020 May 21, {Pages 45-76 }

Abstract

1- Introduction Indirect liability in US, is creation of US case law and plays an important role in the functioning of the trademark system, in order not to mislead the consumer and reduce his search costs, as well as expanded protection of trademark rights. Given the US trade-economic and technological situation, this practice seems justified, which can well guarantee the US commercial and economic interests, not only in the domestic system, but also in the international trade. Innovation is the foundation of sustainable economic development in the age of knowledge-based economy and technological innovation, play a major role. However, the role of non-technological innovation, including trademarks, in economic growth and development has be

The civil liability for disclosure of Commercial Secrets by the former worker

Morteza Shahbazinia, Mansour Eshgpour, Ebrahim Taghizaadeh
Journal PapersJournal Encyclopedia of Economic Law , Volume 27 , Issue 17, 2020 May 21, {Pages 241-261 }

Abstract

Commercial secrets are of economic value and not available to the general public, and reasonable efforts have been made to safeguard its confidentiality. In some cases, after the termination of the employment relationship of the former worker or employee, he or she is the cause for disclosure of the commercial secrets. This study, by studying the concept and the nature of commercial secrets and disclosure of commercial secrets responsibility, investigates the civil liability of commercial secrets disclosure by the former worker. The paper uses a descriptive-analytical method and benefits from library sources. As the finding of this paper? the author concludes that the commercial secrets are defined as a sort of wealth? or property and the a

The Law Governing Evidence in the International Private Law “The study of comparative in Iran and England’s Law”

Morteza Shahbazinia, Fereidoon Nahreini
Journal PapersComparative Law Researches , Volume 24 , Issue 3, 2020 November 10, {Pages 65-88 }

Abstract

In the field of private international law, one of the most important issues in litigation is the determination of the law governing the evidence of a lawsuit. At first glance, it may seem that the issues of proof are closely related to the realm of formal law As a result, it is subject to the conflict resolution rule mentioned in Article 971 of the Civil Code, which is based on the principle of independence and national sovereignty of countries and is exclusively governed by the formal law of the seat of the court. However, the rules related to the evidence of litigation have a dual nature (both formal and substantive) and have an obligatory and optional nature. As a result, the law governing them will be different. The purpose of this arti

liability of board of directors of the company in relation to its negotiable instrument according to the principles of the relationship between directors and the company in the?…

Mohammad Issaei Tafreshi, Morteza Shahbazinia
Journal PapersComparative Law Researches , Volume 24 , Issue 3, 2020 November 10, {Pages 37-64 }

Abstract

1. 26 (1) Where a person signs a bill as drawer, indorser, or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal; or in a representative character, he is not personally liable thereon; but the mere addition to his, signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability.

Role of fault in civil liability

حامد نجفی‎
Journal Papers , , {Pages }

Abstract

نقش تقصیر در مسئولیت مدنی‎

نجفی, حامد‎
Journal Papers , , {Pages }

Abstract

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