Shiraz UniversityJournal of Legal Studies2008-792611120190522Comparative Study of the Basics of Piercing the Corporate Veil in English, US, and Iranian LawComparative Study of the Basics of Piercing the Corporate Veil in English, US, and Iranian Law135520210.22099/jls.2019.5202FAFereshtehAhmadiniaRasulMazaheri KuhanestaniManouchehrTavassoli NaeiniJournal Article20180613Limited liability of shareholders in companies as the primary rule has abundant legal effects and benefits. but, there are several basic situations in which the corporate veil is removed and consequently the managers or the shareholders directly or indirectly, individually and jointly, must account for the payment of debts and fulfillment of obligations of the company. These basic situations have developed in common law especially in England and the United States and the case law in the named countries. Considering the current growth of corporations the Iranian law, and also the necessity of confronting to the instrumental use of companies and the phenomenon of paper companies, it seems vital to draw on the jurisprudence of some states such the United Kingdom and the United States to broaden the scope of directors’ liability in the Iranian commercial law.Limited liability of shareholders in companies as the primary rule has abundant legal effects and benefits. but, there are several basic situations in which the corporate veil is removed and consequently the managers or the shareholders directly or indirectly, individually and jointly, must account for the payment of debts and fulfillment of obligations of the company. These basic situations have developed in common law especially in England and the United States and the case law in the named countries. Considering the current growth of corporations the Iranian law, and also the necessity of confronting to the instrumental use of companies and the phenomenon of paper companies, it seems vital to draw on the jurisprudence of some states such the United Kingdom and the United States to broaden the scope of directors’ liability in the Iranian commercial law.Shiraz UniversityJournal of Legal Studies2008-792611120190522Determinant Components of Position of Head of StateDeterminant Components of Position of Head of State3759520310.22099/jls.2019.5203FASeyyed RezaAleMohammadMohammadHashemiJournal Article20170410All states in the world, usually, have a “head of state”. Depending on the political system which may be republic system or monarchy system, the head of state may be called “president” or “king”. Now the subject is that various heads of states with various titles have different positions. Indeed, in some states there is a quite powerful head of state with a real executive position and in others the head of state has just a non-executive and ceremonial position. In this paper, it is remarked that the difference between positions of various heads of states is not only result of powers of head of state. Indeed, position and “power” of a head of state does not mean his/her “powers”. So, the position and power of a head of state is resultant of some legal and non-llegal elements that one of them is powers.All states in the world, usually, have a “head of state”. Depending on the political system which may be republic system or monarchy system, the head of state may be called “president” or “king”. Now the subject is that various heads of states with various titles have different positions. Indeed, in some states there is a quite powerful head of state with a real executive position and in others the head of state has just a non-executive and ceremonial position. In this paper, it is remarked that the difference between positions of various heads of states is not only result of powers of head of state. Indeed, position and “power” of a head of state does not mean his/her “powers”. So, the position and power of a head of state is resultant of some legal and non-llegal elements that one of them is powers.Shiraz UniversityJournal of Legal Studies2008-792611120190522An Analysis on Efficient Policy and Test for Competition Control of Undertakings Acquisition: Comparative Study in U.S, E.U and Iranian LawAn Analysis on Efficient Policy and Test for Competition Control of Undertakings Acquisition: Comparative Study in U.S, E.U and Iranian Law6193520410.22099/jls.2019.5204FAEbrahimRahbariMehdiHaghighatjooMostafaElsanJournal Article20171122Today companies acquire other corporations to overcome their competitors. Directors of companies use these strategies for obtaining more portions in competitive markets and increasing business power. But these policies can be regarded as destructive matters which damage market's competitive order. So in such situation we need restrictive policies of competition law. For controlling acquisitions, every legal system has its own policy. Sometimes these policies have fundamental differences with each other which result in diverse views. Differences between particular acquisition policies, are main factors which determine the way of confrontation by competition authorities. As much as these policies are more efficient, the control process of competition authorities would be more favourable. In this way the most important question is what is the best strategy for controlling acquisitions? This paper is going to analyze different approaches in U.S and E.U law in competition issues of acquisitions and compare them with Iranian law views, drawing an efficient strategy for controlling acquisitions in competitive markets. In this way, the most impressive policy is one which considers structural differences between merger and acquisition and provides exhaustive control on diverse aspects of latter one. It shouldn't concentrate on merely some competition disrupting aspects of acquisitions such as misuse of dominant position.Today companies acquire other corporations to overcome their competitors. Directors of companies use these strategies for obtaining more portions in competitive markets and increasing business power. But these policies can be regarded as destructive matters which damage market's competitive order. So in such situation we need restrictive policies of competition law. For controlling acquisitions, every legal system has its own policy. Sometimes these policies have fundamental differences with each other which result in diverse views. Differences between particular acquisition policies, are main factors which determine the way of confrontation by competition authorities. As much as these policies are more efficient, the control process of competition authorities would be more favourable. In this way the most important question is what is the best strategy for controlling acquisitions? This paper is going to analyze different approaches in U.S and E.U law in competition issues of acquisitions and compare them with Iranian law views, drawing an efficient strategy for controlling acquisitions in competitive markets. In this way, the most impressive policy is one which considers structural differences between merger and acquisition and provides exhaustive control on diverse aspects of latter one. It shouldn't concentrate on merely some competition disrupting aspects of acquisitions such as misuse of dominant position.Shiraz UniversityJournal of Legal Studies2008-792611120190522Contemplation on Criminal Liability Models of Legal PersonsContemplation on Criminal Liability Models of Legal Persons95129520510.22099/jls.2019.5205FAMohsenSharifiJournal Article20170906Legal systems to overcome the problem of attributing criminal responsibility to persons have already tested various solutions for including criminal responsibility of superiors and employers, criminal responsibility based on the theory Thoughtful Brain, criminal responsibility based on the idea of collective blame, criminal responsibility arising from the theory of power and acceptance. These models, have a common position on the transfer of fault from a person or special persons to a legal person. The criminal liability of an organization is based on the fault of legal person’s structure, in other words, the entity’s policy of crime production, and not a certain Individual. The Iranian penal system Under Article 143 of the Islamic Penal Code has shown a tendency to derivative responsibility based on the legal representation theory. With this in mind, the fundamental question is: how this model of responsibility can be adjusted to the realities of corporate crimes on the ground. This research seeks to examine the flaws and limitations of the criminal model used in the Iranian Penal Code and to propose a solution for strengthening the present model.
Legal systems to overcome the problem of attributing criminal responsibility to persons have already tested various solutions for including criminal responsibility of superiors and employers, criminal responsibility based on the theory Thoughtful Brain, criminal responsibility based on the idea of collective blame, criminal responsibility arising from the theory of power and acceptance. These models, have a common position on the transfer of fault from a person or special persons to a legal person. The criminal liability of an organization is based on the fault of legal person’s structure, in other words, the entity’s policy of crime production, and not a certain Individual. The Iranian penal system Under Article 143 of the Islamic Penal Code has shown a tendency to derivative responsibility based on the legal representation theory. With this in mind, the fundamental question is: how this model of responsibility can be adjusted to the realities of corporate crimes on the ground. This research seeks to examine the flaws and limitations of the criminal model used in the Iranian Penal Code and to propose a solution for strengthening the present model.
Shiraz UniversityJournal of Legal Studies2008-792611120190522Energy Dual pricing in the procedure of WTOEnergy Dual pricing in the procedure of WTO131163520610.22099/jls.2019.5206FAAbdolhoseinShiraviMahsaFarhan JamJournal Article20170918 <br />Since the formation of the World Trade Organization (WTO), energy and related issues have always been debated. This subjects become more significant when the major energy producing countries demand for accession to WTO. For this reason, most of energy producing and exporting countries were forced to modify and change their rules. One of the controversial issues in this regard is the adoption of dual pricing policy from applicant countries. Energy-holding countries put their domestic manufacturers in a position of superiority to their international rivals by setting lower energy prices for them. This policy has caused some disagreements between energy-exporting and -importing countries. From the perspective of energy importing countries, such as EU members, these behaviors are considered as granting subsidy which is in contrast to the basic non-discrimination principles of GATT; most favored nation and the national behavior. Hence, confrontation of WTO here is of great importance. It is very difficult to assess the violation of WTO rules by dual pricing due to its complexity. Despite the same effect of determination of double price with subsidy, states use different excuses for doing so. Therefore, a review of WTO members is in order. <br />Since the formation of the World Trade Organization (WTO), energy and related issues have always been debated. This subjects become more significant when the major energy producing countries demand for accession to WTO. For this reason, most of energy producing and exporting countries were forced to modify and change their rules. One of the controversial issues in this regard is the adoption of dual pricing policy from applicant countries. Energy-holding countries put their domestic manufacturers in a position of superiority to their international rivals by setting lower energy prices for them. This policy has caused some disagreements between energy-exporting and -importing countries. From the perspective of energy importing countries, such as EU members, these behaviors are considered as granting subsidy which is in contrast to the basic non-discrimination principles of GATT; most favored nation and the national behavior. Hence, confrontation of WTO here is of great importance. It is very difficult to assess the violation of WTO rules by dual pricing due to its complexity. Despite the same effect of determination of double price with subsidy, states use different excuses for doing so. Therefore, a review of WTO members is in order.Shiraz UniversityJournal of Legal Studies2008-792611120190522Violation of judicial and executive immunity of Governments and their property
( Case Study : Confiscation of assets of the Islamic Republic of Iran by the United States of America )Violation of judicial and executive immunity of Governments and their property
( Case Study : Confiscation of assets of the Islamic Republic of Iran by the United States of America )165205520710.22099/jls.2019.5207FAFazlollahForughiMoradAbbasiJournal Article20180131<strong>The principles of mutual respect and sovereign equality are amongst the most fundamental rules of international law. Also, the principle of states’ immunity has been articulated in the 2004 Convention. In this light, some states including the US’s unilateral confiscation of other states’ immunity sounds unconventional. In this regard, the recent act of the US government to block and confiscate Iran’s property is of great importance. The present article examines the definition and scope of states’ immunity in international law. Following this examination, a thorough critique of the US policy is undertaken and then, it will be concluded that the US policy of confiscation is in direct breach of international law. </strong><strong>The principles of mutual respect and sovereign equality are amongst the most fundamental rules of international law. Also, the principle of states’ immunity has been articulated in the 2004 Convention. In this light, some states including the US’s unilateral confiscation of other states’ immunity sounds unconventional. In this regard, the recent act of the US government to block and confiscate Iran’s property is of great importance. The present article examines the definition and scope of states’ immunity in international law. Following this examination, a thorough critique of the US policy is undertaken and then, it will be concluded that the US policy of confiscation is in direct breach of international law. </strong>Shiraz UniversityJournal of Legal Studies2008-792611120190522The comparative study of Limitations of Financial Rights of Neighboring Rights CopyrightThe comparative study of Limitations of Financial Rights of Neighboring Rights Copyright207235523910.22099/jls.2019.5239FASayyed Mohammad MahdiQabuli DorafshanSaeedMohseniJournal Article20181017The owners of neighboring copyrights have exclusive economic rights. Nevertheless, some limitations such as rights of free speech, freedom of information access and other personal benefits caused by public interests come to limit these rights. Part of these limitations can be categorized as the exceptions which do not need to pay any consideration. However, another parts require to follow certain rules and call for compensation. This article explains the limitations set forth in French Law since France has pioneered this area of law.. following that, a comparative enquiry is made into the Iranian bill of "Protection of Intellectual Properties" enacted in 2014 (1393). In the light of this comparative study, some solutions will be proposed for amending the existing rules.The owners of neighboring copyrights have exclusive economic rights. Nevertheless, some limitations such as rights of free speech, freedom of information access and other personal benefits caused by public interests come to limit these rights. Part of these limitations can be categorized as the exceptions which do not need to pay any consideration. However, another parts require to follow certain rules and call for compensation. This article explains the limitations set forth in French Law since France has pioneered this area of law.. following that, a comparative enquiry is made into the Iranian bill of "Protection of Intellectual Properties" enacted in 2014 (1393). In the light of this comparative study, some solutions will be proposed for amending the existing rules.Shiraz UniversityJournal of Legal Studies2008-792611120190522Interest in Litigation (Iranian & French Legal Doctrine and Case Law)Interest in Litigation (Iranian & French Legal Doctrine and Case Law)237266524010.22099/jls.2019.5240FAHassanMohseni0000-0001-5930-9035Journal Article20180527The interest of litigants as an outstanding factor is a prerequisite for enforcing law in court. Studying the created and actual interest in litigation can resolve many problems of current legal systems. For example, the preventive actions for questioning or provoking the other party to response or act as well as some other protective measures is due to guaranteeing some actual interests of parties. the action for homologs or verifying a contract or the action of tile are some kind of actions that should be accepted in our legal system because of reasonable interest of its litigants. Class action, the action of mother for legitimation of her daughter, annulation of innovation certification, litigation in Administrative Court of Justice and litigation of legal identities show clearly the evolution of interest of parties in litigation. Studies on parties’ interest is a study dedicated to category of actions in every legal system.The interest of litigants as an outstanding factor is a prerequisite for enforcing law in court. Studying the created and actual interest in litigation can resolve many problems of current legal systems. For example, the preventive actions for questioning or provoking the other party to response or act as well as some other protective measures is due to guaranteeing some actual interests of parties. the action for homologs or verifying a contract or the action of tile are some kind of actions that should be accepted in our legal system because of reasonable interest of its litigants. Class action, the action of mother for legitimation of her daughter, annulation of innovation certification, litigation in Administrative Court of Justice and litigation of legal identities show clearly the evolution of interest of parties in litigation. Studies on parties’ interest is a study dedicated to category of actions in every legal system.