Civil and Criminal Liability of Directors in Stock companies
Documentary credit transactions around the world are in compliance with international practices which has been developed by the International Chamber of Commerce (ICC). Fortunately, with due attention to the revision of the Uniform Customs and Practice for Documentary Credits (UCP), there is an opportunity for merchants as a valuable resource at international level for doing businesses.
We are here yet with another update on a previously published news dated 26 July 2018 while you can revisit the article for a brief background at: http://intllaw.net/iran-to-file-a-lawsuit-before-international-court-of-justice/
It is important to cite that the “the new amendment with regards to an issuance of cheque regulation” had been ratified by Iranian Parliament on Nov. 04, 2018 while currently the Central Bank as a pioneer bureau is at the stage of the execution of this amendment related to issuance, circulation and receipt of all types of cheques.
Iran, likewise any other states within the international community has been entered into numerous bilateral treaties in terms of judicial matters in order to pave the path of legal and judicial collaboration and facilitate the enforcement of rule of law with other states with due respect to sovereignty and mutual interest; among which is the treaty signed between Iran and China which has been enacted as the law by the Iranian Parliament on 18 October 2016 under the name “The Law of Judicial Assistance in relation to Civil and Commercial Matters between Islamic Republic of Iran and People’s Republic of China” (hereinafter referred to as “The Judicial Assistance Law”/ “JAL”).
The legal basis of the trademark protection in Iran is the new Intellectual Property Law “Iran Patents, Industrial Designs and Trademarks Registration Act”, in force since May 2008 and the respective executive By-Laws. In addition, Iran is a contracting party to the Paris Convention, Madrid Agreement and the Madrid Protocol and adopted the related rules and regulations.
We last had a glimpse on the complaint submitted before the Competition Council (Council) against Iranian Bar Association Union, Iran Central Bar Association (ICBAR), Judiciary Center for Attorneys, legal experts & Family Advisors and other relevant bar associations in our News and Analysis back in December 2017, promising to further follow up the case. Being the man of our word, in this N & A we are going to discuss the Decision No. 421 dated 30 May 2020 issued by the Council in favor of the respondents excluding their activities from the concept of “economic activity” as stipulated within the cited regulations by the plaintiffs.
The legislature for the purpose of adjudication of each parties and the possibility of reviewing new evidences or the specific circumstances arising in the legal and criminal cases through extraordinary means predicts the required proceedings to appeal the finalized judgments, which is retrial in civil and criminal matters on the one hand and on the other hand the application of Article 477 of the Criminal Procedure Code can be remarked. Therefore, in this article, we will examine the conditions for the application of Article 477 of the aforesaid code.
In April 2013, the Penal Code of Iran (herein after “PCI”) has been subject to partial amendments in regards to discretionary punishments, among which is the concept of criminal liability of legal entities which has been adopted by the legislator in a relatively positive manner. Though, compared to the former PCI, some scholars may deem the latter step well but not sufficient enough to cover the deficiencies related to such concept, herein we would like to have a swift overview to what has been approved by the legislator in this respect.
The constitution of the Islamic Republic of Iran makes several restrictions to International agreements or contracts, especially when an Iranian governmental party is involved. The historical mentality was that, the executive branch might not be vigilant in preserving national interests when foreigners are involved, therefore the legislative branch should be involved as the supervisor. However, these restrictions create serious obstacles for international trade and the day to day business of governing. Therefore, officials and jurists have tried to circumvent these restrictions by presenting a more lenient interpretation of the relevant principles of the constitutions. We will review some of these restrictions below: