Private Law
Sajjad Hasani
Abstract
Marriage is one of the contracts in which the rules regarding the conditions of the contract are current. Therefore, the conditions of the marriage contract have the same characteristics as stipulated in the general rulings. According to famous jurists, some of these conditions are correct and some are ...
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Marriage is one of the contracts in which the rules regarding the conditions of the contract are current. Therefore, the conditions of the marriage contract have the same characteristics as stipulated in the general rulings. According to famous jurists, some of these conditions are correct and some are invalid. Some of these terms are disputed. In addition to examining the conditions included in the marriage contract, this research has examined and analyzed the controversial cases of the conditions included in the marriage contract from the perspective of Imamia and famous jurists. Some of these disputed conditions are: the condition of couples not remarrying, the condition of choosing housing and residence, the condition of having a special trait in one of the couples. The majority of jurists and jurists consider marriage and privacy to be the essence of marriage. But in many cases, there is a difference of opinion between them due to the conditions contrary to the nature of the contract. According to various aspects, it can be believed that Qadr Motaqeen considered all these marriage issues as necessary for the nature of marriage and agreed. And enjoyment, resolution, etc. are among the effects of the marriage contract, although sometimes, according to the belief of some jurists, it is introduced as a requirement of the nature of marriage. On the other hand, it should be checked that if the couple reaches an agreement contrary to the nature of the contract, what will be the condition and principle of the contract, in other words, it is both a condition and a condition. Is the contract invalid or only the condition is invalid and the principle of the contract is correct? . In the current research, while proving the ineligibility of such conditions, objective and practical examples have been pointed out and the unfortunate examples resulting from them have been mentioned based on the descriptive-analytical method
Private Law
Sajjad Hasani
Abstract
In Iran's legal system, despite the general rules of civil liability, the institution of indirect infringement of intellectual property rights and the resulting responsibility has been formed and developed with the aim of better protection. In this research, it is done with a descriptive analytical method. ...
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In Iran's legal system, despite the general rules of civil liability, the institution of indirect infringement of intellectual property rights and the resulting responsibility has been formed and developed with the aim of better protection. In this research, it is done with a descriptive analytical method. Indirect infringement is a mistake that, although it does not directly lead to the infringement of intellectual rights, but provides the prerequisites for it, causes the infringement to occur and imposes responsibility on someone who has not committed the material element of the infringement of intellectual rights. Intellectual property rights are an important factor in attracting foreign direct investment, strengthening the foundations of intellectual property rights to attract foreign investment requires determining the legal ratio between intellectual property rights and foreign investment. The intellectual property rights system consists of various international conventions, the most important of which is the TRIPS Agreement, which serves as the minimum international standard for the protection of intellectual property rights, and the international investment law system, which consists of bilateral investment treaties and regional and bilateral free trade agreements, which are an important factor in regulating foreign investments today. Intellectual property is recognized as an example of foreign capital in the definitions of foreign capital of investment agreements. Foreign capital of intellectual property requires that it benefit from the protections provided in investment agreements. The protection standards provided in investment agreements are higher than TRIPS and are referred to as TRIPS Plus
