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Journal of Private Law – Number 2

Journal of

Private Law

Number 2

Vol. I ● No. 2

Autumn2013 – Winter 2014

 

CONTENTS

 

Articles

 

Comparative Study between WTO’s Obligations on Trade in Distribution Services  and Iran Regulations 
Mohsen Sadeghi – Mohammad Rasti

 

Clarification of the Features & Effects of Consumer Withdrawal’s Right; Subject of Electronic Eommercial Law-Articles 37,38
Sattar Zarkalam – MohammadAli Taherzadeh Kakolaki

 

Opening Clause in Contracts for International Sale
Hossein Ghorbanian

 

Do the Production Contracts Useful for Iran Oil Industry? 
Hossein Tabatabaei

 

Development of Factoring Nature 
Niloofar Mohammad Rafiee – Mohammad Mahdi Azizollahi

 

The Role of Stabilization Clauses as Risk Management Tool in Petroleum Agreements
Kimia Danaei – NaserAzizi

 

Articles

 

Comparative Study between WTO’s Obligations on Trade in Distribution Services  and Iran Regulations

Mohsen Sadeghi 
(Associate professor, Faculty of Law & Political Science, University of Tehran )
Mohammad Rasti 
(Associate professor of Commercial Studies & Researches Institute)
Abstract:
As Iran is going to become a member of the WTO, this paper compares Iran’s regulations on trade in distribution services with WTO obligations and principles. The major WTO obligations which are compared in the paper are measures and regulations relating to market access and national treatment. Moreover, in order to determine an effective strategy in Iran’s accession process to the WTO, the trade in services liberalization commitments of the countries which have acceded to the WTO are studied.
Keywords:
 WTO, GATS, Trade in Distribution Services, Iran.

Clarification of the Features & Effects of Consumer Withdrawal’s Right; Subject of Electronic Eommercial Law-Articles 37,38

Sattar Zarkalam 
(Assistant professor of Shahed University)
 MohammadAli Taherzadeh Kakolaki
(Master of International Commercial Law)
Abstract:
Protecting the consumer in recent century has been had a dramatic
growth which has been gave the consumer some rights. One of these
rights was the withdrawal right which makes the consumer able to
withdraw the contract, truly concluded. The features and the effects
of using this right have some basic differences with other similar
rights in Iranian civil code which affected from the difference in
nature. Discussing about the nature is not our purpose in this
article. In this article we only discuss about the features and the
effects of using this right like how long it is and when it starts and
the effects of using this right on each parties and the related
contract. Period; Related Contracts
Keywords:
Consumer; Withdrawal Right; E-Commerce Law; Withdrawal.

Opening Clause in Contracts for International Sale

Hossein Ghorbanian
(Law Department of Islamic Azad University)
Abstract:
Agreement between buyer and seller, to the Treatment of trade, formed the basis of the letter of credit. The Seller will submit before the sales receipt shall ensure On the other hand, the purchaser wants to be sure He will submit with the product specification Payment by letter of credit mechanism is a useful tool for Payment shall be considered in the field of international trade from the viewpoint of banks, credit applicant to request the opening of a sales contract is not subject to regulation Because, if the opening credits in preliminary negotiations and pre-contractual basis, the current condition of the observer Legal action, If no opening credits, the seller guarantees that are applicable in case of breach of contract by the purchaser enters into him, is important.
In this article we will investigate this issue and if the vendor to the purchaser, provided that the conclusion The contract is subject to the opening credits from him, And if this is not, in case of damage, if the seller is entitled to the buyer Also, preliminary negotiations the parties, before signing the sales contract, What impact upon the opening credits of the contract and obligations of Buyer Will? The reviewer concluded that we have made with regard to the condition that the opening credits The type of legal action regarding the current condition of the opening credits, however, the parties must decide whether they wish to be bound by these conditions or not? And if so desired agreement, based on how important or not important condition is done Of course, if the terms of the applicable agreement between the parties to the contract are necessary, does not extend, The concept is created and in this case the buyer is obliged to compensate And “contract” law would otherwise have to deal with the damage to the seller.
Keywords:
Letters of credit, issuing credit, suspension of contract, contract basis, if preferred.

Do the Production Contracts Useful for Iran Oil Industry?

Hossein Tabatabaei
(Ph.D student)
Abstract:
Since buy-back contracts appeared in the oil industry of Iran, they have been largely criticized. Some experts think that because of all the inconveniences of buy-back contracts other type of contract should be preferred. Thus some experts suggest using production sharing contracts. By comparing some different aspects of these two types of contracts, the present article studies if production sharing contracts (in case they are legally permitted) could be functional and effective in Iranian oil industry.
Keyword:
Production sharing contract, Buy-back, oil.

Development of Factoring Nature

Niloofar Mohammad Rafiee
(Master of Private Law)
Mohammad Mahdi Azizollahi
(Assistant professor of Qom University)
Abstract:
Factoring as a trade -facilitating institutions either in  internal and international levels, is a complete set oftrade services that undertakes financing of working capital, creditprotection, collection services andaccounting customers as general and this unique feature makes it different from other similarinstitutions. Another important feature of this institution is its liquidity nature according to history grounds which base on new requirements have changed into new kinds and left its traditional forms. So that today,factoring is a combination of several contracts that each of themis different from the others and it is not clear what other newkinds will be added in the future.
Keywords:
Factoring, development, Financing, liquidityNature.

The Role of Stabilization Clauses as Risk Management Tool in Petroleum Agreements

Kimia Danaei
(Ph.D student)
 NaserAzizi
(Ph.D student)
Abstract:
Capitalintensiveness, long duration, technical complexity and the presence of government as contracting party, are the main characteristics of petroleum agreements. These factors make these agreements so risky for the investors and make them to seek ways to make these agreements stable. Stabilization clauses are one of the tools that investors always have used for that purpose. Although there are too much doubts on their validity and effectiveness and they have not been successful in fulfillment all of the investors prospect, but they are one of the most  effective tools in managing political risks, which is the subject of this research.
Keywords:
risk, risk management, stabilization clause, government sovereignty, pactasuntservanda.

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