Legal jurisprudential analysis of open contracts (With emphasis on Iranian law and common law)

Document Type : Research Paper

Authors

1 Assistant Professor, Department of Theology, University of Esfahan , Esfahan , Iran

2 Ph.D. in Private Law from Faculty of Law and Political Science of Tabatabaei University, Tehran, Iran

3 LLM in Private Law, Shahid Beheshti University, Tehran, Iran

Abstract

 An open contract, the provisions of which are set out in the Uniform Commercial Code, entitled "Completed Terms", is a contractual framework whereby some issues are redone at the time of concluding, and based on the practices in Legal systems are completed and certain contracts can be made. Thus, in terms of the legal nature of the contract, its analysis based on the legal relationship between the pre-contractual agreement or the preliminary agreement appears to be incorrect. These contracts are binding on the parties and can be invoked against third persons. This essay argues that open contracts are governed by a number of consensual-based rules and therefore, are acceptable in the Iranian legal system.

Keywords

References

  1. Biadegleng, Ermia Takeste (2006) "IP Rights under Investment Agreements: The TRIPS - PLUS Implication for Enforcement and Protection of Public Interest", .Research Paper South Centre.
  2. Boie, Betram (2010) "The Protection of Intellectual Property Rights Through Bilateral Investment Treaties: Is There a Trips-Plus Dimesion", Swiss National Centre of Competence in Researc.
  3. Brid, Robert & Cahoy, Daniel R. (2008) "The Impact of Compulsory Licensing on Foreign Direct Investment: A Collective Bargaining Approach", American Business Law Journal Volume 45. Issue2, pp 1-48.
  4. Brown, Chester and Miles, Kate (2011) Evolution in Investment Treaty and Arbitration, Cambridge University Press.
  5. Correa, Carlos M. (2004) "Bilateral Investment Agreements: Agents of New Global Standards for the Protection of Intellectual Property Rights ",Visited 15/4/2013, available at http://www.grain.org/briefings/?id=186.
  6. Correa, Carlos M. (2007) Trade Related Aspects of Intellectual Property Rights, Acommentary on The Trips Agreement, Oxford University Press.
  7. Correa Carlos M. (2013) "Harzad in Bilateral Investment Treaties(BITs): Investor Rights v Publice Health", South Bulletin, 69 Article.
  8. Christie, GE (1962) "What Constitutes a Taking of Property Under International Law?", British Year book of International Law.
  9. Eli Lilly Can. UNCITRAL, Notice of Arbitration (Sept. 12, 2013), available at http://italaw.com/sites/default/files/case-documents/italaw1582.pdf
  10. Gibson, Christopher S (2009) "A Look at the Compulsory License in Investment Arbitration: The Case of Indirect Expropriation", Legal Studies Researcher Series Research Paper.
  11. Hindman, David (2006) "The Effect Of Intellectual Property Regimes On Foreign Investments In Developing Economies", Arizona Journal Of International & Comparative Law, Vol. 23, No. 2, pp 467-492.
  12. Liberti, Lahara (2010) "Intellectual Property Rights in International Investment Agreements: an Overview OECD Working Papers on International Investment",OECD Publishing.
  13. Mafi, Homayoun (2011) "Controversial of Compensation in Cases of Expropriation and Nationalization: Awards of The Iran-United States Claims Tribunal",J Humanities, 701-18(1), pp. 83-102.
  14. Mercurio, Bryan (2012) "Awakening the Sleeping Giant: Intellectual Property Rights in International Investment Agreements", Journal of International Economic Law 15(3), pp. 871-915.
  15. Okediji, Ruth L. (2014) "Is Intellectual property “Investment”? Eli lilly v. Canada and the International Intellectual Property System", University of Pennsylvania Journal of International Law, Vol. 35, No. 4,pp 1121-1138..
  16. Peria, Elpidio V (2011) "Making Sense of BITs of IPRs in International Investment Agreements". Biodiversity, Innovation, Trade and Society (BITS) Policy Centre Regional Forum on Investments Quezon City. 21-22 September.
  17. Ruse – Khan, Henning Grosse (2010) "Protecting Intellectual Property Under BITs, FTAs and Trips: Conflicting Regimes or Mutual Coherence?", Max Planck Institute for Intellectual Property and Competition Law Research Paper No. 11-02.
  18. Rutledge, Peter B (2012) "Trips and BITs: an Essay on Compulsory Licenses, Expropriation and International Arbitration", Carolina Journal of Law Technology 13 N.C.J.LN&Tech on, pp. 149-164..
  19. Schreuer , Christoph (2005) "Fair and Equitable Treatment in Arbitral Practice", The Journal of World Investment & Trade,Vol.6, No.3, pp 357-386..
  20. South Centre (2005) "Intellectual Property in Investment: The Trips-Plus Implications for Developing Countries", South Centre Analytical Note.
  21. UNCTAD (1999) "Most Favoured Nation Treatment". Series on Issues in International Investment Agreements United Nation, Newyork and Geneva.
  22. UNCTAD (2000) "Taking of Property", Series on Issues in International Investment Agreements.
  23. Vivas-Eugui, David (2003) "Regional and Bilateral Agreements and a Trips-Plus World. Trips Issues Paper", Quaker United Nation Office & International Centre for Trade and Sustainable.
  24. Yin, Tsai-lu (2009) "Compulsory Licenses for Access to Medicines, Expropriation and Investor-State Arbitration Under Bilateral Investment Agreements- Are There Issues Beyond the Trips Agreement?", Published by Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich, Volume 40.
  25. Yu, Peter K. (2017) "The Investment-Related Aspects of Intellectual Property Rights", American University Law Review, Volume 66, Issue 3,pp. 829-910.

                                                                                              

Journal of Legal Studies
Volume 11, Issue 2 - Serial Number 32
September 2019
Pages 157-192

Files

Share

How to cite

Statistics