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One of the important sections in the law of obligations is the legal nature of the transport of passenger by road, specially friendly transport that its repetition has been cause of the new views that have been presented by doctrine and jurisprudence. In the law of Iran, there is no cases on the friendly transport and the analyses of this problem depends to the examination of the professional transport that it is very complex and difficult; Because there is no judgment and no rule in the commercial and civil law. In this article the problem will be examined in the French and Iranian law.
Lawgiver, for the purpose of penal supporting of national historical-cultural monuments, ratified repeated article 566 of Islamic penal code in 1388; which demonstrates three actions of “making fake cases”, “introducing, carrying or storing” and “buying of historical-cultural monuments” as crimes. This criminalizing was necessary and advantageous, but the procedure of criminalizing has some weakness which we will review them in present paper. For example, for the crime of buying fake monuments, just buying was indicated, but other means of acquiring them has not recognized.
One of the evolutions in tort law is the colectivisation of civil liability. In the past, civil liability was collective and the effects of the person guilty haven imposed on the all members of family. Then with developing of civilizations and with appearance of principle of personal liability, the collective liability has been changed to personal liability. But nowadays according to the opinion of jurists, the personal liability is removing and the collective liability appears the idea in the acts. For this purpose, study of the problem like socialization of risks or socialization of compensation or the effects of this evolutions on tort law in this article has been designed.
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. In the law of Iran also there is many of the vicarious liability that the legislator can present the rule general of vicarious liability that in this article has been examined.
In most legal systems, the right to cancel the contract is provided for consumer in electronic contracts with slight variations. In article 6 of the European Union directives on the protection of consumers in respect of distance contracts, such right is provided too. Article 37 of Iranian EC code considered for the right of withdrawal is very close to the above terms. There is a controversy about the nature of this right between the authors. The dominant approach considers it as a new legal cancellation right. It seems that despite the apparent similarity, the right of withdrawal in these two, is fundamentally different. Article 37 unlike its European equivalent, obligates the supplier to provide the withdrawal right for the consumer in the contract not any establishment of the right of rescission for the consumer.
Iranian Journal of Information Processing and Management (22518223)28(3)pp. 660-679
The purpose of this study is to investigate the relationship between information transparency, improve accountability and enhance the reliability and accuracy of the use of information technology (telephone, fax, computer and electronic banking services) to reduce corruption in Saderat Bank Branches in Isfahan. The method of this study is Solidarity-Survey. This study uses Cohen, Morgan and Krejcie table and selectes 269 samples randomly among the 900 employees of Saderat Bank Branches. The data were obtained from the two questionnaires with content validity that confirmed by experts and stationary with Cronbach's alpha coefficients for the 0.96 and 0.92. Results were analyzed statistically with the use of descriptive statistics, Pearson correlation coefficient, multiple regression analysis and path analysis. Results showed that information transparency, improve accountability and enhance the reliability and integrity of information technology, including telephone and fax, computer and electronic banking services and have a direct relation with the reduction of corruption.
Legal persons can also be responsible for compensation. They can also be reponsable for others acts. These legal persons are responsible for their own actions and responsibilities of employees and workers in the article 1384 of French law and Iran's article 12 of civil liability (The responsibility of employee acts).This responsibility is not a new discussion. But in the books it can be seen another form of civil liability, the liability of the legal person responsible arising from acts of governing body. Some think that this responsibilitiy is not under the employer's liability. It was somewhat new.In this article we will examine the comparative method.
Iranian legal system has been established based on Imami Jurisprudence and its main sanction against violating the established rules on validity of contract is nullity. Moreover, there are other concepts such as relative nullity or null amendable in law, but not as a general rule of law. While Afghanistan's legal system, in addition to rules of null and ineffective sanctions, recognized and confirmed another general rule based on the Hanafi jurisprudence as "Fasîd" (Vitiation) that causes the Nullity in this legal system to have grades, and in cases whereby the contract is amenable, its nullification is prevented and the contractual relationship of parties continues. Such concept could also enter the Iranian legal system, not with all its consequences, however, as a rule and replacement to concepts of the specific.
The contract looks like the natural law. This means the negation of the principle of the autonomy of the will and the will of Legislator as a basis for the validity of contractual content would be rejected. Because the foundation of creation and validity of natural law would not be the will, but natural justice and natural equity. Therefore, the foundation of the validity for such a contract- similar to such a law- must be sought in justice and equity. Adopting such an approach, the principle of contractual justice and fairness- not the principle of the autonomy of the will or the principle of obligatory force of a contract- will be surface dominant. Such an approach could become more conductive to Iranian contract law. Neither could will of legislator nor the principle of the autonomy of the will be considered as the foundation of the validity of the contractual content in the Iranian legal system, all in order to deter the contract to be praised. It is God's will that determines the foundation of the validity of the contract and this will gives priority to the La Zarar and the negation of Hardship over other contractual principles.
Today, more than ever, “multi-national marriages” are taking place, consequently many of the rules of citizenship have changed. Many countries have accepted the equality of citizenship for each party of marriage in a multi-national family and have orientated from “unity of nationality” to the “independence of nationality”. Therefore, each parent can pass her nationality through it, and most countries have recognized it. Dual nationality may be happening more than ever and countries according to their own interests, have attempted to recognize and allow dual nationality and this type of nationality is expanding. Although context of nationality from multi-nationality marriages exists in Iran, the Iranian legal system has been less affected by the global developments. The principle still is the “unity of nationality” and transmission of nationality is possible only through father's nationality; although transmission of nationality may be on the basis of a single article of 2006 (Madeh Vahedeh, 1385), that is not enough. Although the dual nationality exists virtually, the Iranian legal system has not allowed it officially. Given the global development, it is better that the Iranian legal system based on the interest of country, reform and be compatible with existing realities and make it statutory. It can also be according to the new population policy of Iran.
Highlighting the driving cause and its strict relationship with the formal cause and especially the final cause in the intrinsic elements of natural justice has caused the duality of reason and natural justice in the thinking of the proponents of the reason as the source. Since the same emphasis makes the full understanding of the mechanisms of natural justice and its content for the human wisdom impossible. For this reason, one cannot speak of monism of reason and natural justice. Duality refers to God-based monism, at the foundation of the legal rule, as well as the inability to present a criterion for assessing the validity of the content of the legal system. Thus, the reason decreases to the reason as the source; a reason which is limited to the incomplete understanding of the natural rule and cannot create the rule of behavior.
In the old law, the government had no civil liability and gradually through legal regimes mentioned this responsibility. In Iranian law, civil liability of government is proposed apparently in Article 11 of the law of civil liability that was adapted from old theory of the 19th century in French. However, the analysis of aforementioned article shows that the government's civil liability simply is not acceptable. Whereas, today in the law of France and other countries, government's civil liability has been proposed as a principle. And not only personal responsibility, but the responsibility resulting from act of other and liability of act of objects has been accepted for states. Government’s liability for the acts of the legislative and the judiciary has been proposed. In Iranian law, in the current status, the principle of separation of powers, design acceptance of government’s liability for the acts of others have faced some difficulties. On the other hand, a bill was introduced in this context; if approved, that would somehow resolve the defects of Iranian law, but if the bill was ignored, that will be examined in this paper.
The “principle of prevention” in respect of economic benefit and ecological aspect is a golden rule. The reasons for this are as follows: 1. because of legal and technological reasons, establishing a relationship between the harmful act with damages to the environment is so difficult, 2. due to special nature of the environment, the compensation for such damages is often impossible, and in case of possibility, it would require exorbitant cost as well as long period of time. By considering the above facts, deployment of new environmental principles, especially ‘The precautionary principle’ for protecting the environment and strengthening deterrence policy has gained a central importance. In this paper, an attempt has been made to explain this principle from different dimensions and its position in international environmental law.
Javadi, H., Mehrabi, J., Beedel, M., Tanhaei, M.H.
Australian Journal of Basic and Applied Sciences (19918178)6(9)pp. 148-153
Anyone who wants to make a right decision needs information. This information has a very strong effect in financial market where managers and stock holders rely on this information in order to make important decisions. Usually a large amount of information not only can not help decision makers, but also make them confused and nervous. Information systems can be helpful to solve this problem.In this paper we examine if information systems and accounting soft wares effect the financial statement transparency. To do so, we asked 86 brokers from 110 brokerage active in Tehran Stock Exchange. Analyzing the results comes from the questionnaires shows that the information systems and accounting soft wares have a significant effect on three main characteristics of financial statement transparency which are being relative, reliability and comparability.
Javadi, H., Amirosadat, S.N., Balochiyan, R., Liravi, F.
Australian Journal of Basic and Applied Sciences (19918178)6(9)pp. 78-84
Consumers are living within a media saturated environment, which limits the effectiveness of advertising. This has led to advertising clutter, most prevalent in traditional mass media. The advertising clutter has resulted in marketers moving their advertising focus toward less cluttered mediums, such as mobile advertising. Mobile advertising allows companies to specifically target the right consumers by looking at age, gender and geographic regions etc. Being able to advertise to such a specified target group is an advantage for companies, however the question remaining is how consumers perceive this form of specific targeting advertising. This study was conducted with the aim of identifying the customers' attitudes toward mobile advertising and factors affecting their attitudes.Quantitative data has been collected through a questionnaire. The statements used in the questionnaire are based on previous studies and theories. The data retrieved through the questionnaire has been analyzed using SPSS and Amos. findings shows attitude towards advertising has great impact on attitude towards mobile advertising.
Javadi, H., Mehrabi, J., Balouei jamkhaneh, H., Samangooei, B.
Australian Journal of Basic and Applied Sciences (19918178)6(9)pp. 378-384
The main objective of the present survey was to study the impact of emotional intelligence and spiritual intelligence on organizational entrepreneurship. Statistical population of the survey includes employees working in manufacturing companies of Sari County in 2011 that one-hundred eighty seven (187) persons have been studied as the research sample using simple random sampling method and Wang and La'semotional intelligence questionnaire and King's spiritual intelligence questionnaire. Validity of the model was measured by structural equations modeling method and the relationship among variables was confirmed based on results of path analysis. Results reveal that emotional intelligence and spiritual intelligence are effective on organizational entrepreneurship. Also research findings demonstrated that the research model has a suitable goodness.
Pirhaji, M., Yusoff, S.S.A., Isa, S.M., Karveh, M.J.
Asian Social Science (discontinued) (19112025)10(7)pp. 38-47
Discharge of contractual obligations is one of the most important issues in (Iranian) contract law, and Articles 264 to 300 of Iranian Civil Code are devoted to this issue. Inappropriate combination of Islamic Sharia with French law causes some ambiguities in Articles 264 to 300 of the Iranian Civil Code. Moreover, the Iranian legislator has not offered definitions for some factors of discharge of obligations such as fulfilment of obligation, substitution of the obligation, and set off and recoupment. The Iranian legislator has not even mentioned on what basis it has obtained the present categorization for six factors of discharge of obligations, namely: fulfillment of obligation, cancellation of a contract by mutual consent, release from obligation, substitution of a different obligation, offset and recoupment and by acquisition of the debt. This paper exclusively aims to examine, criticize and discuss the problems arising from the Article 264 of the Iranian Civil Code. In this study, the data gathered is of the library type and the research method is both analytical and critical.
