"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract According to Articles 806 and 898 and subsequent articles of the Afghanistan Civil Code, third parties can perform other's obligations. Two important legal effects have been arranged on this type of performance: the collapse of the debtor's obligation against the creditor and the creation of the right of recourse for a third party. Considering the acceptance of the third-party payment institution in the Afghanistan legal system and the effect of recourse on it, the purpose of this study is to investigate cases in which the third party is not competent to fulfill another obligation or has the right of recourse to him. In this research, using a descriptive-analytical type of qualitative research method and using the documentary method of data collection, we reach the conclusion that in cases where the obligor's personality is the main cause of the contract or the obligation is hidden to the person, the third party cannot perform the debtor's obligation without the consent of the creditor. Also, in the second paragraph of Article 898 of the Civil Code, the creditor has the authority to reject the performance of the obligation by a third party and in the second paragraph of Article 899 for the debtor, the authority to prevent the third party from returning to himself has been expressly accepted. Therefore, despite the acceptance of the institution of performance of the obligation by a third party in the legal system of Afghanistan, this legal institution has obstacles and exceptions that are examined in this study.

Abstract Abstract:
Khudadad hakimi 1


The principle of good faith is one of the principles that has gained great importance in domestic laws of countries and international documents today. This principle, due to the evolution and diversity it has undergone in the issues related to contract law, is of multiple importance. In the modern concept, the principle of good faith means honesty and fairness, but in the traditional concept, it is interpreted as a mistake or error. This writing is a descriptive-analytical study of the examples of the principle of good faith in Afghan law. The findings show that the principle is widely used in both traditional and modern concepts in Afghan law, and in the modern concept, it is more applicable to contracts. Based on this, the parties undertake to behave honestly and acceptably in various stages of their contractual relationships. There are specific performance guarantees for violating good faith in this sense. The traditional concept of good faith, however, has a protective aspect and is less applicable to contracts. In this regard, compensation for those who suffer damages due to mistakes and errors in legal relationships has been provided by the legislator.

Keywords: principle of good faith, modern concept, traditional concept, contract, Afghanitan law.






1. PhD student of private law.

Abstract The Civil Code of Afghanistan explicitly accepts payment by third party in articles 806 and 898 and subsequent articles. According to this, third parties can act to fulfill the debtor's debt, but in which cases such an action has the effect of the debtor's obligation towards the creditor falling, and for the main parties of obligations has which main or side obligations, and which time it has the legal effect to refer for the payer third party it is necessary to research. Because the prevention of loss from the main parties of the obligation as an obstacle to the third party's performance and avoiding the loss from the third party by creating the right to appeal to him /her is an important factor in accepting the third party's payment and determining its legal effects. In this research, by using the descriptive-analytical type of qualitative research method and by using the document review method (library resources) to collect data, we conclude that in Afghanistan's legal system, different effects are foreseen for the third-party payment institution with regard to the prevention of losses from the interested parties compared to the main parties of the obligation and the payer third-party.

Abstract in the Iranian legal system, the registration of a trademark gives rise to the exclusive use of the owner. The registered mark is also legally protected from the time of filing the declaration. Therefore, one of the rights created by the registration of a trademark is that the owner enjoys the legal protections provided for it. The scope of a trademark owner's right to prohibit the use of others applies to cases where the new mark is the same as or similar to the previous mark. Of course, it should be noted that in this case the above mark must be registered. If it is not registered, the owner or claimant must also apply for registration during the protest.

Abstract In modern world, the human beings have succeeded in winning themselves an optimal grade of comfort with the progresses made in science and industry, but at the cost of losing comfort in the environment. The world has lost its prior security in the uproars of technology and rapid changes that have come about accordingly and the legislators are subsequently seeking to enact regulations that safeguard the public interests against these dangers. The precaution principle is now elapsed almost five decades since it was first applied as an independent principle. However, there are such basics in our regulations as no-loss axiom and the logical-canonical principle of foresight that are capable of filling the gap that has emerged in the absence of precaution principle; but, legalization of the precaution principle can create positive waves in psychological terms thereby to provide the legislator with wider array of options in approving supportive rules through replacing the compensatory liabilities by the preventive provisions. In the present article, we have made efforts to compare the jurisprudential principle of foresight with its western counterpart so as to figure out their similarities and differences thereby to evaluate the feasibility of inventing a principle of precaution based on the jurisprudential-legal premises of our country. Now that many of the regulations passed in Iran are found residing in the neutral part of the canonical rules, it seems better to accept the precaution principle as a logical tenet and put it into practice with protection of the environment and the mankind.

Abstract Judgment decline is conducted in different ways and various instruments, in which the claim or judgment extraditions are one of those acts, and the request made by the principal claimant or any tribunal claims in order to eliminate the effect of a dispute formally consent and adduce by the court and judicial authority and has almost the same effects that arranges in petition extradition, so that after the claim extradition at its juncture and legal section, not only will be taken out of court its proceedings and jurisdiction assignment, but also the defendant(s) is also exempt from the obligation to answer and defend against propounded claim, and the court will issue the abatement of action. In condition of the claim extradition, the issue of termination of claim has also been considered and if the plaintiff wants to completely dismiss her/his claim, in this case, the termination of claim order will be issued. According to this approach, the purpose of this research is a comparative extradition study and termination of claim in Iran, French and British laws.

Abstract Article 31 of the Law on Patents, Industrial Designs and Trademarks stipulates: "The exclusive right to use a sign is reserved to someone who has registered that mark in accordance with the provisions of this law " The attention to this article indicates that, firstly, the registration of the mark creates a right for the applicant or the registrant, this right is the right to own a trademark. Secondly, the registration of a trademark in addition to the origin of the creation of the exclusive right to own it, but also the application of the sign can also benefit from the sign; in such a way as to transfer it under the contract or to allow it to be used by other persons. At also prevents others from using their mark. Thirdly, by considering the fact that the registrant is the owner of the trademark and that any rightful owner can deny his right or decline his ownership, then the right to property derives from the registration of a trademark capable of There are no complaints. Therefore, with this introduction, the purpose of the study is to reveal; these topics are presented in two broad sections; in the first part, the trademark registration and its process are discussed, and in the second part, the legal effects of registration of the mark are studied.  

Abstract Public order is one of the most important legal entities that has a special status in the legal system of all countries. This institution has a very close relationship with the interests of the community, and even many lawyers have defined it in the public interest in defining public order. Since the benefits of relative concepts and the change of time and place change the concept. Therefore, the nature of public order is also variable and relative, and its territory is widespread and tight due to changes in social and economic conditions, and this relative nature of it causes a lot of discrepancies regarding the definition, the basis and the realm Public order has been made. It can be said that one of the most important and basic examples of public order is the establishment of order and security in society, or to prevent any chaos, violations, and crimes. Considering these issues, in this article the public order position in contracts is considered with an approach to international conventions.    

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

Abstract One of the topics that are discussed in the field of private law is the concept of damages and the ways in which it is compensated. In all legal systems, what is certain is that, if damage occurs, it must be compensated. Damage may also be material, spiritual or physical. One of the issues where compensation is important is the issue of "illegal detention". The criminal procedure that is carried out in order to prosecute and prosecute the offender sometimes goes unpunished, and instead of condemning the guilty, criminal will be prosecuted. In the process of prosecution, a large number of these people are innocent and the court sentences them to be acquitted. It is clear to anyone that arrests and imprisonment of individuals not only detrimental to the individual in the custody and supervision of his or her family, but also cause spiritual intercourse and spiritual damages and dignity over their family members. When these arrests and imprisonment are illegal, these emotions and emotional injuries will be much greater. At this time, the key question that is posed is whether these individuals can compensate for their material and spiritual losses. How do I get out of this arrest? Or is there a right for them in this regard?
 

Abstract Trademark as an intellectual product of humans and immaterial movables, including industrial property rights, is often used in commodities and its role is to introduce the origin of the product and to inform the consumer of the specific quality of the product that makes that mark has a companion. Regarding the importance of legal and economic trademarks, it is essential to investigate and understand it for the owners of the industries and the producers of the goods and the providers of services, and the law of law as the regulator of the above-mentioned communication can be recognized. The principles of this institution are of great help. With this view, the present article attempts to identify and clarify the trademark in the Iranian legal system with an attitude of international conventions.