Private Law
nahid safari
Abstract
One of the most important aspects of consumer protection that has received little attention is the facilitation of consumer litigation. Costs of Litigation are one of the major barriers to consumer litigation. In Iranian law, the lack of special assistance for consumers and the limitations of the general ...
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One of the most important aspects of consumer protection that has received little attention is the facilitation of consumer litigation. Costs of Litigation are one of the major barriers to consumer litigation. In Iranian law, the lack of special assistance for consumers and the limitations of the general rules of insolvency and the limited financial resources of consumer protection organizations, in practice have created obstacles for consumers to sue. In different legal systems, different mechanisms are considered in order to remove this obstacle. legal expenses insurances can be considered as one of the tools that are effective in removing this obstacle and facilitating consumer litigation by covering cost of litigation and have been considered in most legal systems. The present study in a descriptive-analytical method and through collecting data with library method, while studying these insurances in some pioneering legal systems in this field, have studied these insurances in order to facilitate consumer lawsuits. The experience of the studied legal systems confirms that these insurances, along with other assistance tools, are a good solution to facilitate consumer litigation. In the Iranian legal system, despite the predicting of these insurances in the bylaws of mandatory advocacy, with the issuance of Unanimous decision of the Supreme Court, there are currently no special provisions in this regard. However, considering the acceptance of the insurance contract and the principle of freedom of contracts, these insurances are also defensible in Iranian law and while having a deterrent effect on the inflicting of loss to consumer, can have some deterrent effect on litigation costs. Therefore, it is necessary to revive the provisions of the recent regulations and legal protections for these insurances in order to use its positive functions.
Homayoun Mafi; Sam Mohammadi; Hossein Kaviar
Abstract
The unique nature of the internet and contracts concluded in virtual space have the remarkable effects in many of traditional principles and concepts of courts jurisdiction. One of these contracts is the electronic contracts of business to consumer (B2C) in which the consumer is primarily considered ...
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The unique nature of the internet and contracts concluded in virtual space have the remarkable effects in many of traditional principles and concepts of courts jurisdiction. One of these contracts is the electronic contracts of business to consumer (B2C) in which the consumer is primarily considered as the weaker party of the contract. Hence, it needs a protective mechanism. One of the protective aspects of the consumer is to determine a competent court and to pay attention to “a special procedure in lawsuits of electronic contracts”. By way of determining such court, the presentation of an analysis based on theory of “Activity-Orientation” is the final outcome which is offered to the Iranian legislator as an approach.
Mohammad Hassan Sadeghi Moghadam; behnam Ghafari Farsani
Abstract
Competition law is conceived as one of the most important factors in the success of free market economic systems. The idea is that if free competition exists among activists at production and distribution of goods and services, economic efficiency and ultimately total welfare will increase. While this ...
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Competition law is conceived as one of the most important factors in the success of free market economic systems. The idea is that if free competition exists among activists at production and distribution of goods and services, economic efficiency and ultimately total welfare will increase. While this new branch of law has long provoked fascinating interdisciplinary discussions among economists and lawyers, the legal system of Iran has recently taken the first step in this field. So it is required that from now that the underlying premises and principles of this area of law are properly discussed and examined to pave the way for deeper future researches. Certainly one of the most important and basic questions about any new regulations which it is of a determinant role in interpreting their provisions, is goals which those regulations seek to achieve. Lawyers and legal systems have no consensus on objectives of competition law. Generally, multiple goals for the said regulations are conceivable that sometimes run at odds with each in execution stage. The following article, relying on Iran legal system is to explain the objectives of competition law. It shows that the “Soul” of competition law is the preservation of competition to promote efficiencies for consumers.
