Private Law
ABBAS Mirshekari; Fateme Sadat Hosseini; afrouz samadi
Abstract
Losing expected benefit means benefits, which have not been existed yet, but have the potential to come into existence. Considering this kind of loss as a compensable damages has always been a controversial issue. The incertitude is mostly because the loss itself and its measures cannot be evaluated ...
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Losing expected benefit means benefits, which have not been existed yet, but have the potential to come into existence. Considering this kind of loss as a compensable damages has always been a controversial issue. The incertitude is mostly because the loss itself and its measures cannot be evaluated for certain. Therefore, determining reasonable evaluation method might make compensating this damage much easier. In this article, a general study is conducted on this subject and we have tried to focus on the methods of evaluating this kind of damage, considering the judicial procedure as well as the experience of other legal systems. It is thus proposed, in case the tortfeasor’s act has ceased the previous status/benefit of the injured person, the injured person’s previous status must be considered as the basis of compensation. Otherwise, when the tortfeasor’s act has deprived the injured person from gaining an expected (new) benefit, the status of his peers are held as the basis of compensation. Moreover, the extremity of the assessment of the loss of profit is usually until when the injured person is put back into his previous status. Otherwise, custom and law are the two elements, which are used in order to determine this extremity.
Private Law
Abbas Mirshekari
Abstract
The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, ...
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The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, according to the United States of America’s law, right of pre-emption is recognized. Publicity Right means that exploitation of another personality with his permission. Although the scope of this right includes both celebrities and ordinary people, but it is claimed mainly by famous people to fence their interests. Although there is no doubt about this right but there are disagreements over its realm: “Can an exception be made for this right or, any possible use of another personality is subject to the permission of the person?” In American law, full implementation of this right is known as a violation of freedom of expression. For this reason, this right has been modified and, in particular, its boundaries have been defined by freedom of expression. The most important challenge in this direction is determining the criteria for distinguishing the realm of the right. Various criteria are presented for this purpose. The most important criterion is the theory of fair use. Accordingly, if a person changes the identity of a celebrity and transform it into another form or, if the intention of the individual is to disseminate information about a famous person, his action will be justified. In fact, in these two cases, the right of publicity will be sacrificed at the expense of more important value: freedom of speech. In this article, we are trying to provide suggestions for the Iranian legal system by studying the USA legal system.
