Volume 8 (2021)
Issue 2
Issue 16
June 2021, Pages 1-280
Issue 1
Issue 15
June 2021, Pages 337-1
Volume 7 (2020)
Volume 6 (2019)
Volume 5 (2018)
Volume 4 (2017)
Volume 3 (2016)
Volume 2 (2015)
Volume 1 (2014)
Volume 0 (2013-2001)

The Journal of the Comparative Law invites submission of high quality research papers on any aspects of Comparative Law by professors, scholars, experts and those interested in the field to help us provide a venue for studies disseminating new perspectives on the theory and practices of Comparative Law in the world.

General Information

 

The Journal of Comparative Law is an international, fully open-access, academic, peer-reviewed journal and follows a double blind review policy. This journal is published and sponsored by the Center for Comparative Law Studies at Mofid University, Iran. This Semi-Annual journal publishes high-quality, original research papers twice a year in both online and printed versions in English and Persian. The papers in Persian should include the Abstract and References in English. The processing and publishing of manuscripts are free of charge. The manuscripts are commonly peer-reviewed in, at least, an eight-week time-frame.

Research Article
Comparative Study on the Role of Civil Liability in the Reparation of Damages for Violation of Human Rights; With an Emphasis on UN Resolution on Basic Principles and Guidelines on the Right to a Remedy and Reparation
2. Comparative Study on the Role of Civil Liability in the Reparation of Damages for Violation of Human Rights; With an Emphasis on UN Resolution on Basic Principles and Guidelines on the Right to a Remedy and Reparation

Ali Reza Yazdanian; Omid Mahmoudi Ghahsareh

Volume 8, Issue 2 , June 2021, Pages 7-30

http://dx.doi.org/10.22096/law.2021.90421.1290

Abstract
  The reparation of damages and access to an effective remedy is one the most important method of international law for protection of human rights. On December 16, 2005, the United Nation ...  Read More
Research Article
Combating Nuclear Theft in Iranian and American (Federal) Laws
3. Combating Nuclear Theft in Iranian and American (Federal) Laws

Seyed Mustafa Meshkat

Volume 8, Issue 2 , June 2021, Pages 31-56

http://dx.doi.org/10.22096/law.2021.109822.1476

Abstract
  Nowadays, theft of nuclear material and devices to commit terrorist acts constitutes the most important nightmare for the international community. In this way, the activists of the ...  Read More
Research Article
Tortious Liability of Good Samaritan by Comparative Study in Islamic Jurisprudence and Law
4. Tortious Liability of Good Samaritan by Comparative Study in Islamic Jurisprudence and Law

Maryam Thaghafi; Abbas Niazi

Volume 8, Issue 2 , June 2021, Pages 57-74

http://dx.doi.org/10.22096/law.2021.95612.1343

Abstract
  Ehsan rule is among Islamic jurisprudence rules that in order to support good Samaritans, knowing excluded the tortious liability arising from their actions. Similar to this rule, is ...  Read More
Research Article
A Comparative Study of Criminal Laws and Regulations Regarding Stem Cell Technology in the British Legal System and Iranian Law; Challenges and Solutions
5. A Comparative Study of Criminal Laws and Regulations Regarding Stem Cell Technology in the British Legal System and Iranian Law; Challenges and Solutions

Ahmad Pourebrahim

Volume 8, Issue 2 , June 2021, Pages 75-94

http://dx.doi.org/10.22096/law.2021.120809.1623

Abstract
  New stem cell technology is one of the most advanced technologies in the present world has put a lot of challenges to policymakers. Despite many efforts in the framework of formal and ...  Read More
Research Article
Critical Review of Models of Determining Real Multiplicity Punishment of Ta'zir Crimes in Egyptian, German, British & Iranian Law
6. Critical Review of Models of Determining Real Multiplicity Punishment of Ta'zir Crimes in Egyptian, German, British & Iranian Law

Seyyed Mohammad Mahdi Sadati; Tal'at Jamali

Volume 8, Issue 2 , June 2021, Pages 95-120

http://dx.doi.org/10.22096/law.2021.106666.1439

Abstract
  The punishment of multiple offenses faces fundamental challenges to justification. By leaving aside the comparison of multiplicity of Ta'zir crimes with the multiplicity of Hudud and ...  Read More
Research Article
Comparative Study of the Legal Status of Contractual Groups in Iranian and French Law
7. Comparative Study of the Legal Status of Contractual Groups in Iranian and French Law

Abbas Karimi; Mokhtar Neam; Sakineh Asadzadeh

Volume 8, Issue 2 , June 2021, Pages 121-140

http://dx.doi.org/10.22096/law.2021.119536.1601

Abstract
  Today, pioneering economic factors have caused interactors to advance their economic and business goals conclude contracts in different ways which are unusual with the known traditional ...  Read More
Research Article
Specific performance of a contract in common law and Iran
8. Specific performance of a contract in common law and Iran

Ali Haddadzadeh Shakiba; Ahmad Deylami,; Hedayatollah Soltaninezhad,

Volume 8, Issue 2 , June 2021, Pages 141-164

http://dx.doi.org/10.22096/law.2021.110467.1483

Abstract
  One of the most popular and routine remedy relating to the contractual infringements is specific performance. Application of this remedy, however, as primary or secondary, is different ...  Read More
Scientific Paper
A Comparative Study of the Transparency of Environmental Requirements in Upstream Oil and Gas Contracts in Iranian and American Laws
9. A Comparative Study of the Transparency of Environmental Requirements in Upstream Oil and Gas Contracts in Iranian and American Laws

Hassan Azizi; Feisal Ameri

Volume 8, Issue 2 , June 2021, Pages 165-186

http://dx.doi.org/10.22096/law.2021.114404.1549

Abstract
  The purpose of this study is to identify the degree of transparency of information on the environmental requirements of upstream oil and gas contracts in Iranian and American law. In ...  Read More
Scientific Paper
Comparative Study of  Enforcement of Shareholders' Agreements in Iranian and English Legal Systems
10. Comparative Study of Enforcement of Shareholders' Agreements in Iranian and English Legal Systems

Mohammad Sardoueinasab; Mehrnaz Mehrabi

Volume 8, Issue 2 , June 2021, Pages 187-208

http://dx.doi.org/10.22096/law.2021.120697.1620

Abstract
  In order to complete provisions of Articles of Association and corporate bylaws, shareholders set up a series of ancillary agreements on the structure and operation of joint stock Company, ...  Read More
Scientific Paper
Unfair terms in commercial contracts: A comparative study of French law
11. Unfair terms in commercial contracts: A comparative study of French law

Mohsen Shamsollahi

Volume 8, Issue 2 , June 2021, Pages 209-236

http://dx.doi.org/10.22096/law.2021.122024.1639

Abstract
  According to the theory of the autonomy of the will, human freedom and equality guarantees that the contract is fair and no one can refuse to execute the contract on the pretext that ...  Read More
Research Article
Discovery of Truth in International Commercial Arbitration with Emphasizing at Prague Rules (2018)
12. Discovery of Truth in International Commercial Arbitration with Emphasizing at Prague Rules (2018)

Sahebeh Samadi Maleh; Homayun Mafi

Volume 8, Issue 2 , June 2021, Pages 237-258

http://dx.doi.org/10.22096/law.2021.119449.1600

Abstract
  The most important mechanism for achievement the truth in international commercial arbitration is opting out the type of governing system on arbitration process. In this regard, the ...  Read More
Research Article
The Study of Amiable Composition  according to its nature compared to the judgment and arbitration
13. The Study of Amiable Composition according to its nature compared to the judgment and arbitration

Zeinab Talabaki Toroghi

Volume 8, Issue 2 , June 2021, Pages 259-280

http://dx.doi.org/10.22096/law.2021.127260.1669

Abstract
  The Amiable composition is a system for resolving disputes and is recognized in international arbitration. In The French legal system, the judge can be entrusted with a mission of amicable ...  Read More

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