The Issue of Compulsory Contracts between Providers and Clients of Public Services or Essential Commodities in the Law of Iran

2012 ◽  
Vol 3 (2) ◽  
pp. 1-28 ◽  
Author(s):  
Ali Sedaghati
Keyword(s):  
Subject Matter ◽  
Public Services ◽  
Major Change ◽  
Direct Reference ◽  
Law System ◽  
Challenging Issue ◽  
Iranian Law ◽  
The Subject ◽  
The Law

AbstractNowadays a major change in interactions and concepts like independence has led to a transformation in the law of contracts. A clear example can be observed in the continuing expansion of compulsion into contracts (conclusion of compulsory contracts). In the modern law, the phenomenon of compulsory contract is considered to be inevitable, and the law of Iran is no exception. On the account of the fact that this concept has not undergone in-depth analyses neither in Iranian law system nor among the jurists, the study of this system of law in regard to its capacity to accept this phenomenon would be probably a challenging issue. Direct reference to law so as to infer an obligation to enter a contract or resort to one in order to conclude the existence of a type of implied term creating such an obligation is the subject matter of this study.

scholarly journals Administrative services in the sphere of economic competition

2021 ◽  
Vol 66 ◽  
pp. 147-153
Author(s):  
V.O. Kozhevnikov
Keyword(s):  
Public Administration ◽  
Public Services ◽  
Economic Competition ◽  
Administrative Services ◽  
Administrative Service ◽  
Service Activities ◽  
The Subject ◽  
Administrative Act ◽  
The Law ◽  
Business Entities

The article considers the issues of administrative services provided by the bodies of the Antimonopoly Committee of Ukraine and other bodies of public administration in the field of application of the legislation on protection of economic competition. The range of subjects of public services in the field of application of the legislation on protection of economic competition to which it is offered to carry bodies of the Antimonopoly committee of Ukraine, the Cabinet of Ministers of Ukraine and the Ministry of Economy of Ukraine is defined. The list of services provided by the Antimonopoly Committee of Ukraine is determined. These include: 1) granting permission for concentration; 2) granting permission to coordinate actions; 3) issuance of additional copies of certified copies of decisions on issues provided for in part two of Article 34 of the Law of Ukraine "On Protection of Economic Competition"; 4) preliminary conclusions on the qualification of actions (Article 14 of the Law of Ukraine "On Protection of Economic Competition"); 5) preliminary conclusions on concentration, concerted actions. It is proposed to extend the provisions of the Law of Ukraine "On Administrative Services" to services provided by the Antimonopoly Committee of Ukraine insofar as it does not contradict the legislation on protection of economic competition. Proposals have been developed to amend the Regulations on the procedure for submitting applications to the Antimonopoly Committee of Ukraine for prior obtaining a permit for concentration of economic entities in terms of clarifying the subjects of application for a concentration permit. Administrative services of the Antimonopoly Committee of Ukraine are service activities of the Antimonopoly Committee of Ukraine defined by normative legal acts aimed at meeting the private needs (interests) of business entities in the field of legal relations arising in connection with the application of legislation on protection of economic competition. related to the protection of their legitimate rights and interests). The administrative service of the bodies of the Antimonopoly Committee of Ukraine is provided exclusively on the basis of the application of the relevant business entity. Based on the results of the administrative service, the Antimonopoly Committee of Ukraine provides the subject of the application with an administrative act (permit) or a document.

Letter to the Editor

2002 ◽  
Vol 17 (4) ◽  
pp. 192-192
Author(s):  
Ian Winspur
Keyword(s):  
Subject Matter ◽  
Performing Arts ◽  
Scientific Evidence ◽  
Performing Arts Medicine ◽  
Letter To The Editor ◽  
The World ◽  
The Subject ◽  
The Law

I enjoyed Alice Brandfonbrener’s editorial “But I Didn’t Ask to Be a Lawyer” in the June 2002 issue of MPPA [MPPA 2002;17(2):57]. I understand and sympathize with her. Many physicians who, like her, are involved in these cases for altruistic reasons rather than pure commercial—-and I believe that this is more common in the world of performing arts medicine—-must find themselves in the same predicament. However, in the words of an eminent English lawyer, who qualified and practiced as a gynecologist before turning to the law, when considering medical and scientific evidence (or in many cases, including performers, non-scientific evidence!): “However scientific the subject matter of the claim and however recondite the evidence and the argument, the legal definitions must apply in a Court of Law; the problem for the lawyer is in making the scientist understand a totally different concept of proof required by the court.” Therefore physicians involved, whether altruistic or not, must understand the basis of these claims.

Does the Name of a Case Matter?

2021 ◽  
Vol 20 (3) ◽  
pp. 469-489
Author(s):  
Haris Jamil
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Fishing Vessel ◽  
International Commerce ◽  
Arbitral Award ◽  
The Subject ◽  
The Law ◽  
A Company

Abstract The arbitral award in The “Enrica Lexie” Incident (Italy v. India) brings to the fore the issue of assigning a name to a case. To contextualise India’s contention regarding the name, The “Enrica Lexie” Incident, in this article, I outline the law and practice regarding assigning names to cases by different international judicial bodies (ICJ, ITLOS, WTO and PCA). Examining India’s objection to the name, I argue that the name of the case does not capture the subject matter of the dispute accurately and emanates from the mainstream view of international law. The name prioritises an Italian flagged vessel, owned by a company engaged in international commerce and navigating under the protection of the Italian navy, over a fishing vessel owned by private individuals. The name reinforces a state-centric view of international law in which the victims of the incident do not picture.

8. Patent Protection and Exploitation

2019 ◽  
pp. 178-198
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
European Patent ◽  
Central Importance ◽  
The Public ◽  
The Third ◽  
The Subject ◽  
The Law ◽  
Patent Grant

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.

Part VI The Law of Property, 29 The Distinction Between Movables and Immovables

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Legal System ◽  
Subject Matter ◽  
Private International Law ◽  
The Subject ◽  
The Law

This chapter examines the distinction between movables and immovables under English private international law. The first task of the court in a private international law case when required to rule on the question of a proprietary or possessory nature is to decide whether the item of property in dispute is movable or immovable. The legal system that will be applicable to the case depends on this preliminary decision. This chapter first considers the classification of the subject matter of ownership into movables and immovables by the law of the situs before looking at some examples relating to mortgages, trusts for sale, and annuities. It also discusses the relevance of the distinction between realty and personalty and concludes by explaining the distinction between tangible and intangible movables.

scholarly journals Category «public service» as a scientific research object

2018 ◽  
Vol 6 (4) ◽  
pp. 14-19
Author(s):  
T. V. Serohina
Keyword(s):  
Public Service ◽  
Social Life ◽  
Public Services ◽  
Point Of View ◽  
Legal Person ◽  
Management Service ◽  
Public Authorities ◽  
Administrative Services ◽  
The Subject ◽  
The Law

The article is devoted to the study of the development of the concept of «public service» in an independent Ukraine. It was found out that since the beginning the concept of «management service» is one of the most widespread. From a legal point of view, a management service is the creation of organizational conditions for the realization of the right by a citizen or another subject of administrative-legal relations. Instead from the point of view of public administration, «management service» is a result of the functional activity of the state body in the development and implementation of state policy on the regulation of a particular sector of the economy or social life. It was established that in addition was used concepts of the similar content, which amplified the terminological uncertainty. As a result, an approach has been developed in which the services of public authorities are divided into four groups: state, municipal, administrative and public. In this approach, public services are divided into state and municipal, depending on the subject of the service, administrative services are provided both by executive authorities and local self-government. The only kind of public services found in the regulatory framework is administrative services. In the Law of Ukraine «On Administrative Services», the term administrative service is used as a result of exercising power by the subject of the providing of administrative services on the application of a natural or legal person, aimed at acquiring, changing or terminating the rights and / or duties of such person in accordance with the law. The process of formation, the concept of «public services» in independent Ukraine can be divided into four stages, the first of which is the stage of domination in the national scientific thought of the concept of «management services». The second stage is the division of services into separate groups - state, municipal, administrative, and all of these groups belong to one group of public services. The third stage (ongoing to date) is characterized by the consolidation and final formulation of the term «public services» as the basic concept of the system of providing services by public authorities. The fourth stage can only be predicted, nevertheless, it is essentially a logical continuation of these three stages, when the legal fixing of the concept takes place.

Constitutional and Administrative Law

2020 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Subject Matter ◽  
Administrative Law ◽  
Public Law ◽  
Writing Style ◽  
The Subject ◽  
Self Test ◽  
The Law

The purpose of this book is to introduce the reader to the fundamental principles and concepts of constitutional and administrative law. It is highly popular with undergraduates for its clear writing style and the ease with which it guides the reader through key principles of public law. This eleventh edition incorporates the significant developments in this ever-changing area of the law. The book also includes a range of useful features to help students get to grips with the subject matter. These include further reading suggestions to support deeper research, a large number of self-test questions to help reinforce knowledge, and chapter summaries and numbered paragraphs to aid navigation and revision. This new edition has been fully updated to cover all the latest developments in constitutional and administrative law, including those relating to devolution and Brexit.

Part I Introduction, 3 Financial Collateral

2018 ◽  
Author(s):  
Beale Hugh ◽  
Bridge Michael ◽  
Gullifer Louise ◽  
Lomnicka Eva
Keyword(s):  
Subject Matter ◽  
Raw Materials ◽  
Fixed Charge ◽  
The Subject ◽  
The Law ◽  
Security Device ◽  
A Charge ◽  
The Way

This chapter discusses the significance of distinguishing between the various types of property over which security may be taken, or which may be the subject matter of a retention of title or other quasi-security device, since the same general principles will be applicable whatever the nature of the property. There are also differences between the various kinds of property, which will mean that the way the law applies in practice will differ. Thus, a charge over either ‘inventory’ such as stock in trade or raw materials will in practice usually have to be a floating charge rather than a fixed one; the chapter shows how it is very difficult to take and maintain a fixed charge over book debts or other receivables.

The Invention and Plant Variety

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Subject Matter ◽  
Individual Subject ◽  
Plant Variety ◽  
Essential Properties ◽  
The Subject ◽  
The Law ◽  
The Relationship

This chapter seeks to define the terms ‘invention’ and ‘plant variety’ as used by European and UK legal officials particularly. To that end, the nature of the objects identified by the legislature and courts as inventions and plant varieties is considered, as well as the nature of the objects excluded from protection, whether with reference to the requirement for an invention or plant variety or on other statutory grounds. The chapter also considers the law governing patent and plant variety right entitlement, and its implications for legal conceptions of the invention and plant variety. In its conclusion, the legal understandings of inventions and plant varieties are presented as answers to the questions identified in Chapter 3 concerning the categories and essential properties of the subject matter in question, their method of individuation, and the relationship between and method of establishing the existence of each individual subject matter and its tokens.

Notarialna jurysdykcja prewencyjna. Sprzeczność z prawem jako kryterium odmowy dokonania czynności notarialnej

2017 ◽  
Vol 15 (1) ◽  
pp. 31-47
Author(s):  
Justyna Holocher
Keyword(s):  
Subject Matter ◽  
Public Trust ◽  
Third Parties ◽  
Community Life ◽  
Statutory Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
The Concept Of Law ◽  
Polish Law

The subject matter of the article is notarial preventive jurisdiction and its rules provided in the Polish law, with an emphasis laid on refusal of performing a notarial transaction, pursuant to Art. 81 of the Law on Institution of Notary Public and Notarial Services. The issue under analysis boils down to answering the question whether the prerequisite for refusing a notarial transaction in the form of ‘contradiction with the law’ covers only the statutory law or also the principles of community life. According to the essential thesis of the article, the systemic and functional reasons advocate taking a stand on having the concept of law limited exclusively to a statute. A Notary Public, for being a person of public trust, is to be a guardian of the legitimacy of a notarial act conceived not only as a conflict with the statutory law, but also with the axiology resulting from other normative systems, including principles of community life. The objective of notarial preventive jurisdiction is to make institutional and procedural frameworks for legal entities which make declarations, which should, in turn, secure the safety of legal transactions, including protection of parties of legal transactions, the efficiency of execution of their rights, as well as that of the rights of third parties and the State. It means that in the course of a ‘notarial procedure’, the Notary Public is obliged not only to apply simply the statutory rules, but also to investigate and to examine the circumstances which might imply the illegitimacy of a notarial action due to a conflict with the law or with the principles of community life.

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