مصطفی ماندگار Articles List

List of Articles مصطفی ماندگار

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1 - Putting the Injured Party in a Situation the Absence of Damage in Iranian and British law
Mahmoud Rezaei masoodreza ranjbar Hekmatollah Askari Mostafa Mandegar

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2 - Judicial Procedures Related to Public Order as one of the Obstacles to the Implementation of Foreign Arbitration
Mehdi Asgharimoghaddam Mostafa Mandegar Mostafa Elsan

The purpose of this article is to review the judicial procedures related to public order as one of the obstacles to the implementation of external arbitration. This article seeks to answer the question through analytical-descriptive method that the role and position of More

The purpose of this article is to review the judicial procedures related to public order as one of the obstacles to the implementation of external arbitration. This article seeks to answer the question through analytical-descriptive method that the role and position of judicial procedure in the face of order. According to the findings of this study, regarding the application of Article 971 of the Civil Code, the majority of judges believe that the agreement of the Iranian parties on the foreign arbitration body, although unusual, but it causes the Iranian court to have no jurisdiction to hear the dispute under the arbitration agreement. Some judges disagree with this view. Regarding the application of Article 968 of the Civil Code, most judges accept the choice of law other than the law of the place of contract where they are around the Iranian arbitration agreement.   Manuscript profile
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3 - Contracts Governing the Commercialization of Patents with an Emphasis on Iranian Law
Mahmod Ranjbar Mostafa Mandegar Zohre Farokhi

Contracts governing patent commercialization are done in different forms. Its most important types are license contracts, franchise contracts and turnkey contracts. These contracts are especially important for developing governments like the Islamic Republic of Iran. In More

Contracts governing patent commercialization are done in different forms. Its most important types are license contracts, franchise contracts and turnkey contracts. These contracts are especially important for developing governments like the Islamic Republic of Iran. In this contract, which has been done in a descriptive-analytical way, the main question is that from the perspective of Iran's legal system, in how many ways are contracts governing the commercialization of patent rights concluded? The result of the present research is that the methods of commercialization of inventions in Iranian law are in four forms: direct use of the owner, full sale of patent privilege known as Assignment, grant of exploitation privilege or license contract, and royalty. Licensing is one of the methods of commercialization. Of course, in the form of renting the technology to a company or companies requesting the technology. Manuscript profile
Open Access Article
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4 - One Common Way to Deny the Validity of an Arbitration Agreement is to Invalidate the Original Contract or to Terminate theOriginal contract
mehdi asgharimoghaddam مصطفی ماندگار مصطفی السان

One common way to deny the validity of an arbitration agreement is to invalidate the original contract or to terminate the original contract: the invalidity of the arbitration agreement argues that because the original contract is invalid, the arbitration clause is inva More

One common way to deny the validity of an arbitration agreement is to invalidate the original contract or to terminate the original contract: the invalidity of the arbitration agreement argues that because the original contract is invalid, the arbitration clause is invalid or Since the original contract has been terminated, the arbitration contract must also be considered as terminated and as a result the arbitrator is not competent to deal with the dispute. If a transaction is terminated as a result of termination or cancellation and as a result of the original of the transaction or contract it is dissolved, the foreseeable arbitration clause will, like all other obligations and conditions, be void unless the parties to the dispute Going to the principle of a contract or transaction and terminating the validity of a dispute may be disagreed that it must be treated in accordance with Article 636 of the Old Civil Procedure Code. And the mere insertion of an arbitration clause in a contract that has been terminated or annulled is not an obligation for the court to refer to arbitration. In the present study, the author attempts to investigate the ambiguities in the arbitration terms and the effect of claiming the termination of the contract on the arbitration condition, as well as to find legal vacancies around it using a descriptive-analytic method. Manuscript profile

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List of Articles مصطفی ماندگار