One of the most challenging topics in Acquisition of person's lands is the recognition of full and equal compensation right with the aim of balancing between expropriation and compensation.In this article with an analytical-comparative method in Iranian and British law,we answer the question of whether perfect and equal compensation has been identified in these two systems?By what criteria can be maintained the balance between compensation and expropriation?In English law,by accepting toreceive full and equal compensation right,it is determined by openmarketvalue and the compulsory occurrence of acquisition,illegal and immoral use bythe owner and price increaseresulting from the legalobjectives of the scheme is not effective.In addition,if

The process of acquisition of land in English and Iranian law takes place under a specific procedure that may be questioned for validity. One type of the examining of objection is judicial review, which is high supervisory, will be applied in such manner that all actions will be in accordance with the elements that are necessary for acquisition. The source of the judicial review is different between English jurisprudence, so three views have been put forward on the subject that compilation of ultra vires doctrine with common law, has excelled. But in Iran, despite judicial precedent effort, the law-based view remains dominant. The English judicial precedent has also taken appropriate steps in the development of this theory in the law of acq

Abstract compulsory acquisition ofland byexecutive bodies for public interest is permitted bypayment of compensation and observance of the lawIn order to do solaw must giveopportunity to object to theprocess ofacquisition and maintain the right to compensation toindividuals whoseproperty rights are affected by related actions. Due tocharacteristics of speed, low cost, and expertise in examination, quasi-judicial authorities havecreated a suitable solution in this fieldIn this article with an analytical-comparative approach inIranian andBritish law we seek to answer questions what is theposition of quasi-judicial authorities in the acquisition process? And by what principles are therights of owners and persons affected by ownership protected

In order to implementation of public projects which are carried out by the executive systems, apart from the ownership, the owners of the property in the projects’ realm may be affected by the implementation of public projects. The question is whether the executive system can be held liable for such damages? This is one of the most important issues in many countries, which has sometimes been overlooked. In the present article, this issue has been studied in an analytical and comparative manner in the Iranian judicial procedure. In general, in British law, it’s spoken about three types of damages: damages resulting from the ownership of part of the property; damages resulting from the type of work and exploitation of the project and dama

The Civil Code considers the transaction of another person’s property to be unauthorized and ineffective except as guardianship or administration or representation, even if the owner of the property is satisfied voluntarily. In this regard, the authors of the Civil Code have followed the view of the majority of Imamiyeh jurists who believe that the inner satisfaction of the owner during the contract is not enough to influence it. Sheikh Ansari is one of the few jurists who believes that the inner satisfaction of the owner during the contract is enough to influence it, and such a contract is out of the realm of unauthorized transactions. This means that from their point of view, it’s enough to have the inner satisfaction of the owner dur

In case of promisor’s failure to perform the obligation, Iranian courts procedure, according to well-known theory in jurisprudence and law, enforces the promisor to perform obligation initially.Then, if the performance of the obligation is impossible even by third party at the promisor’s expense, the promisee is entitled to terminate the contract. The aim of this precedent and its basis is the prevention of destabilizations; however, not only does not lead to stabilize the contracts but also it cause anarchy, abuse of obligor in bad faith, annoyance of obligee in good faith, delaly and preclusion of wealth circulation and expedition of trades. This issue has been examined in jurisprudence by this article and it will be shown that such p

There are many discussions about Remedies on breach of performance of contractual obligations and liability of the breach in various contributions. Promissor often perform his obligations but the other party not and the question is what is the position of law and justice about it and what are the consequences. Are the promissor have liability and exchange guaranty about promisse or the liability will be removed by acceptance of promisee. In this article, this topic are examined in Iranian law, Imamitte jurisprudence emphasis on European Contract Law and CIS. The authors concluded that although, promissor, contrary to examined legal documents and Art. 273 of Iranian civil law, In situation of non performance of promisee, have to render it to

Following the victory of the Islamic revolution, especially with the end of the war and considering macro-policies of the system based on the reduction of control of the state, competition law has appeared more than past in the area of the legislative. Besides, if the people acknowledge that the rules coincide with their beliefs, they show more commitment to it. Considering that according to the Constitution, regulations must be based on the Islamic criteria, to determine the rules governing the behavior of economic actors, they must be justified based on the Islamic criteria. The principle of'no harm'is among the most important rules under discussion in the Islamic law, and several theories have been formulated for the provision of this pr

Cyberspace has provided the ground for the emergence of a new generation of games, in the namely of virtual games, which are beyond the games and entertainment. Although the computer games, as a part of entertainment industry, are basically considered with cultural and economic approaches, what makes such games an attractive topic for law, is the possibility of buying and selling virtual goods and items within the context of games. In-game transactions associated with some challenges with the legal status of such transactions are the most important ones. In the meantime, what makes the validity of online transactions a challenging topic refers to the doubt on the vital elements of subject-matter of contract. Since everything occurs in a vir

In a lease contract, in view of the fact that the tenant basically is required to pay the contractual consideration only when the transaction’s interest has been delivered to them, this question arises that when the delivery of property interest comes into existence so that the tenant bears the mentioned responsibility. This is apparently in unanimous agreement among the Islamic Shia jurists regarding renting objects (movable properties), is that the tenant is obliged to pay the rent merely by delivery of the specific property. However, some scholars have expressed doubts about this viewpoint because the interest in a lease contract is gained gradually, and therefore, it does not exist when the specific property is delivered to the tenant

1. The Congential Disabilities (civil liability) Act 1976 2.(3) The rights referred to in subsection (2) include, in particular, the right of the guardian to receive or recover in his own name, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover. 3. Section 3 (4)(b) Children Act 1989.

Contract excuses, as exceptions to the principle of necessity of contract, are concepts, which according to them, the parties can legally get rid of their failure of the contract's obligations. Some excuses are without the will of the parties, and some others will be caused by one or both parties. Involuntary excuses may generally make the contract impossible to enforce (impossibility), or they may make it hard to enforce (hardship). The writers are going to have a comparative study on both situations," impossibility" and" hardship", and their effects on the contract according to the legal systems and also regional and international instruments. They further wish to suggest a few articles (for Iran civil code), as proper decisions (terminat

Copyright:? 2015 Ahmadzadeh SA, et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

In jurisprudential publications, some studies have been carried out in regard with the "non-guaranteed" fiduciary contracts whereas the other type has remained underexplored although it has been discussed by some jurisprudents. According to the majority of jurisprudents, most guaranteed fiduciary contracts are invalid except for some special cases such as guaranteed loan. Therefore, they have not explored its nature and effects. However, the minority of jurisprudents who deemed it valid have examined its nature and effects based on their affordability. Nevertheless, with regard to definitions for obligation of contract as well as definitions for the Sharia and religious tradition these reasons might be flawed. Therefore based on possible in