Introduction Choosing a starting point and an end for a historiography of the civil procedural laws of twentieth century Europe from the perspective of case management is as simple as choosing these moments in the Europe of the nineteenth century. In the nineteenth century the historiography should commence with the French Code de procédure civile, that was adopted in 1806. It was this code, wi...

a continually absent person is “a person which is almost a long time laps from his absence and there is not any news behalf him” (article 1011 of civil code). the rules and effects of absence of continually absent person which chapter fifth of civil code specified to it, are mostly derived from jurisprudence, and in fact the base of civil code in this part is emamie jurisprudence. absence of ab...

in articles of 196,768 and 769, the iranian civil code, under influence of the french law (art.1121 civ. code) and imamieh's jurisprudence, without any explanation to the legal nature of the contract for the benefit of third party, has briefly allowed the contracting parties to create an obligation for the benefit of third party. this brevity caused an ambiguity in explaining of the relati...

Frustration of purpose remains one of the most ill-defined concepts in the English law of contracts. The same problem has recently attracted also the attention of the French legislature in its modernization of the Code Civil. The French reform entitles courts with broad powers to adjust the contract when unforeseen contingencies have made the bargain unduly costly. This article argues that the ...

Military Revolutions Murray and Knox equated military revolutions to ‘‘earthquakes.’’ These earthquakes forced a fundamental change in society and a state, and the state consequently altered the way it created and projected military power. Murray and Knox recognize five major military revolutions that have had that impact on Western history: the 17th century creation of the modern state and mod...

the law of the continental europe is considered an offspring of the roman law. in the roman law the “fault” was considered as the basis of liability. the doctrine of fault was included in the french civil code of 1804 through the roman law, and from there, made its way into the laws of other european and non-european countries. according to the instruction of the holy prophet of islam (pbuh), i...

extension of the building advance-sale contracts on the one hand, and inadequacy of the provisions of the civil code on protection of  building advance-buyers before making its completion, on the other, consequently causing many problems for people in the community (society), has forced the legislature to pass the building advance-sale code in 2010. the parties of these contracts are called adv...

the civil sanction is one of the most important sanctions for protecting copyright. in french law a special action named counterfeit action is predicted, which not only compensate the damages but also it has a preventive effect. this action doesn't require the proving of the fault and the lawsuit can be done by the author and the person who is awareded the exclusive licence. in this legal ...