"Adl va Ensaf" Comparative Law Researches Quarterly
Keywords = قرارداد
Number of Articles: 3
The effects of breach of contract and the damage caused by it with a comparative study in Iranian jurisprudence and law and legal documents

The effects of breach of contract and the damage caused by it with a comparative study in Iranian jurisprudence and law and legal documents

Volume 6, Issue 23, Winter 2023

https://doi.org/10.22034/aeclr.2024.434906.1134

Elahe Mirzamohammadi, Javad vahedizadeh

Abstract In the legal interaction of human beings with each other and based on their will, the law governing that interaction, that is, the contract, is formed, and people consider themselves loyal and bound by this law, and they consider breaking the covenant reprehensible and those who break the covenant deserve to pay damages; However, it seems that only the individual will is effective in this requirement and obligation, rather, this individual will should be related to the role of the collective will of humans, which manifests itself in the pursuit of attracting public interests. However, the violation of obligations is not something that can be completely eradicated by the formulation of regulations of the society or the serious treatment of the judicial courts. In this regard, it is necessary to state that obligations and contracts have a favorable and real value for the parties to the contract when they have a guarantee of proper and efficient implementation.For a long time, in order to oblige the obligee to fulfill the obligation and not to have the desire to violate the contract, various methods have been used, such as obtaining collateral and mortgage, deposit and so on. Meanwhile, contracts have become common. Each of them, while having its own use, due to the existence of problems in their nature and function, alone do not provide all the intended and desirable goals of the parties

The function of the confidentiality agreement in international trade

The function of the confidentiality agreement in international trade

Volume 4, Issue 14, Autumn 2021, Pages 7-31

https://doi.org/10.22034/aeclr.2022.310203.1070

Mohammad Taheri

Abstract The protection of trade secrets leads to absolute or comparative commercial advantage. Trade secrets are a kind of intellectual property that has a broad and absolute meaning in international trade law. Although The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) have had recognized trade secrets, its protection condition is keeping the secrecy of trade secrets in addition to Trips is not accepted by all countries; so merchants for protection of their trade secrets, use confidentiality agreement anyway but in international trade which there is no would wide law or convection the problem is that: how using a confidentiality agreement could protect trade secrets in the best way? This inquiry that is done by descriptive and analytical methods has illustrated which by not only determining commitments and penalty clauses in a contract but also by using an arbitrary agreement, protection of trade secrets in the best way is possible.

Constraint procedure for doing contractual obligations  (Iranian law - Imamieh jurisprudence)

Constraint procedure for doing contractual obligations (Iranian law - Imamieh jurisprudence)

Volume 1, Issue 1, Spring 2018, Pages 7-21

hadi aghapour

Abstract abstract
The necessity of respecting the contract is to fulfill its obligations, so that failure to perform contractual obligations guarantees several performances, the most important of which is the compulsory and termination of the transaction in the legal system of Iran and Islamic jurisprudence. For example, the enforcement of the sentence or order from the court Or other law enforcement agencies that oblige the person to carry out an objective investigation of what he has undertaken, or in the event of a refusal to comply with a warrant or order, by a court with his or her legal remedies through enforcement agents or third parties, or if the obligation is committed by the person concerned With physical and financial pressures, he has to force him to fulfill his obligation The burden, which forms the most important part of the present article, is in direct and indirect fashion, and these two types of coercion are distinct according to the subject of engagement And in cases where a vested party has a direct obligation to do so, and the vendor can only demand his indemnity through indirect coercion, and if he fails to fulfill the obligation, he will be obliged to terminate the committed area, so for the importance of the matter In this article, after mentioning, we will give a general overview of the concept of commitment and types of commitment to the validity of the subject as contractual obligations, and will conclude
keyword:obligation،contracte،do،consraint