idea is the starting point for the creation of intellectual works and the development of science and technology and art. in many cases, the birth of idea requires a lot of study and suffering. so the question is whether the idea has capability of legal support? the present article with descriptive and analytic method and by using comparative studies in the legal systems of france and iran, with...

this sentence is what a prominent english judge has said about the power of judges in dealing with cases in english law. an example of this power can be found in contractual terms for damages called penalties and liquidated damages. as it is expected, contracts are basically made to be performed and not to be avoided according to the whims of market fluctuation. however, the adherence to freedo...

novation is originally a roman law institution which has influenced the legal system of western countries. in roman law the obligation was a legal personal relationship that changing one of its element resulted in dissolution of obligation and consequently, the transmission of obligation became impossible; therefore, the novation, seeking to achieve the transmission of debt and credit, was esta...

Comparative studies have suggested that the British colonization is more beneficial than those of France and other colonizers. It is argued that the British cultures and institutions contributed to stable politics and robust economic development of its colonies. However, evidence is still inconclusive because a controlled experiment is very difficult in social science. Vanuatu – a Pacific islan...

Although at first glance French and U.S. inheritance laws appear to be diametrically opposed, this paper provides a deeper analysis. In doing so, it explains that nuances within both systems have made the laws more similar than they initially appear. U.S. inheritance laws, explicitly characterized by freedom of testation, include numerous substantive limits on how a testator may dispose of her ...

procedural acts may be invalid because of formal or substantial irregularity. in french procedural law, we can see a distinction between invalidity of instruments owning to formal irregularity and invalidity of documents by reason of essential defect; a distinction that affects the nature and plea time and the subsequent regularization of document. formal invalidity must be expressly provided i...