International Civil and Commercial Law, as Founded upon Theory, Legislation, and Practice

Investigating the distinction of commercial endorsement deadlines with civil commercial documents Iranian law and Geneva and UNCITRAL conventions

One of the common ways of transfer of commercial documents, ownership (bill of exchange, promissory notes and cheque) is endorsement. If the endorsement is subject to Commercial Code, it is considered a commercial endorsement. And if it is out of the scope of this Code, it should be regarded a normal and on the basis of request (claim) transfer. The question that arise here are “how long are th...

Application of Lex Mercatoria as Applicable Law in International Commercial Arbitration

In settling disputes regarding international commercial arbitration the parties may instead of choosing the law of one country to choose lex mercatoria or the law of merchants as a applicable law to the disputes. When this choice is possible that applicable choice of law rules recognize such power for the parties. The principle of autonomy is choosing lex mercatoria has been recognized in many ...

Payment of part of the amount of the commercial document in Iranian law and international conventions

The general legal rule in fulfilling the obligation is to fulfill the whole subject of the obligation in due time. According to Article 277 of the civil code {the obligor can not force the obligee to accept part of the subject of the promise…}. Now the question is whether this rule also applies in payment of bill of exchange،promissory note and check or not? and are the same provisions of Iran’...

Globalization and the Theory of International Law

Liberal International Law Theory and the United Nations Mission in Kosovo: Ideas and Practice