https://ecocomlaw.sbu.ac.ir/ Economic and Commercial Law Researches en daily 1 Sun, 23 Aug 2026 00:00:00 +0330 Sun, 23 Aug 2026 00:00:00 +0330 https://ecocomlaw.sbu.ac.ir/article_106429.html Under Iranian civil procedure rules, claims brought by a plaintiff with an improper purpose and in bad faith, where no substantive right can be conceived in the plaintiff’s favor, are subject to the sanctions prescribed in Note to Article 109 and Article 515 of the Civil Procedure Code. In legal terminology, such claims are referred to as “frivolous claims.” By contrast, there is another category of claims in which the plaintiff acts without bad faith but commits an excusable error in drafting the statement of claim. These should be regarded as “incorrect claims.” In such cases, the legislature has not provided the plaintiff with an opportunity to cure the defect; rather, the claim is considered to warrant either an order of non-hearing or dismissal. This issue is particularly significant in claims subject to limitation periods, especially in most objection-related proceedings, because the inability to amend the statement of claim may result in irreparable harm and denial of access to justice. In this respect, the English civil justice system has adopted a more flexible approach. Employing a descriptive-analytical method, the present study concludes that the current Iranian rules confine amendment of the statement of claim to very limited formal defects and, through an inflexible approach, prevent substantial amendments such as the addition of a defendant. This is despite the fact that streamlining the civil justice system is possible through expanding the right to amend the statement of claim while, at the same time, establishing mechanisms such as requiring security for the defendant’s potential loss and imposing penalties for frivolous claims. Such an approach would strike a fair balance between the plaintiff’s right of access to court and the need to prevent prejudice to the defendant’s rights https://ecocomlaw.sbu.ac.ir/article_107264.html Judicial policymakers in any legal system must consistently consider the rights of individuals and society in all adjudication processes. Securing the interests of individuals and safeguarding the interests of society are possible only by adhering to the criteria of fair trial. Therefore, identifying and observing the principles of fair trial are essential. Consequently, principles such as the presumption of innocence, the principle of legality in adjudication, the principle of transparency, the principle of adversarial proceeding (audi alteram partem), the principle of impartiality, and the protection of defense rights in the trial process are of paramount importance. These criteria for a fair trial are initially codified in the Constitution and subsequently in the Code of Criminal Procedure. This research examines the observance of each of these fair trial principles in the process of adjudicating the violations committed by regulated entities by the Disciplinary Boards of the Central Bank. It also investigates how each of these principles is addressed in the Law of the Central Bank of the Islamic Republic of Iran, alongside a review of the historical background of these principles in the Executive Regulation of Note 2 of Article 44 of the Monetary and Banking Law of the country https://ecocomlaw.sbu.ac.ir/article_106773.html The influence and position of directors in commercial companies and the impact of their decisions on the success of their respective organizations is a critical factor that highlights the necessity to consider the "Conflict of Interest Between Director and the Company" issue. In such cases, the interests of the director are pitted against those of the company, compelling the director to choose between the two. Consequently, in certain legal systems like the United Kingdom, in addition to the legal obligation of directors to avoid conflict of interest situations, this matter also holds significant importance in judicial procedures and legal doctrine. Given the lack of explicit commentary by the Iranian legislative system regarding conflict of interest in commercial companies, the present research employs a descriptive-analytical approach and draws upon the experiences from the English legal system to examine the scope of director-company conflict of interest from personal, subject-related, and time-related perspectives. According to the research findings, apart from the necessity of identifying the concept and types of commercial companies, the term "director" encompasses all individuals who, under any title and in any manner, are connected with company management and management activities. These directors are obligated to avoid any actual and potential conflicts in competitive, financial, and information-related company matters, instead prioritizing the interests of the company. https://ecocomlaw.sbu.ac.ir/article_107078.html Corporate transparency refers to the need to identify the identity of the beneficiaries of commercial companies. The question is, despite the fact that a commercial company has a legal personality, is there a need to identify the company's beneficiaries? Economists believe that secure privacy will lead to economic efficiency, but such a function can lead to abuse of the legal personality of the company. In American law, the Corporate Transparency Act requires commercial companies to provide the government with the details of the company's beneficiaries, but this information is not made available to the public. In this system, secrecy has replaced confidentiality, respecting the privacy of individuals. The Iranian legislator has declared information related to commercial companies as non-confidential in the new Commercial Law bill, disregarding the privacy of the company's beneficiaries. On the other hand, in Iranian law, the legislator's main attention in the issue of corporate transparency has been on the management bodies and founders of the company, and not the real beneficiaries. This article, using a descriptive and analytical method, concludes that corporate transparency prevents the activities of shell companies and prevents individuals from using the legal personality of the company to carry out illegal activities. https://ecocomlaw.sbu.ac.ir/article_106678.html Collateralization of securities in Iran’s banking system contributes to facilitating financing, managing credit risk and enhancing liquidity. This study aims to analyze the legal foundations, implementation challenges and reform capacities of collateralizing securities within the framework of newly enacted laws, banking regulations and capital market rules. The research adopts a descriptive-analytical method and the data and materials have been collected through library-based studies. The findings indicate that due to legal constraints, the pledge contract lacks sufficient capacity for the collateralization of securities. In contrast, collateral compromise contracts and innominate contracts are examined as more efficient alternatives. Moreover, the enactment of the Production and Infrastructures Financing Law has led to significant progress in the collateral framework—most notably, the expansion of eligible assets for collateral and the formal acceptance of securities as collateral instruments. Nonetheless, several challenges persist, including the lack of a transparent market for unlisted securities, legal ambiguities concerning the rights of the collateral provider and taker, and fluctuations in the value of securities. The proposed solutions include establishing trading platforms for unlisted securities, developing clear regulations on the rights of the parties involved and designing collateral agreements that mitigate value fluctuation risks. The findings of this study can effectively contribute to the reform of laws, banking regulations and policies, as well as the optimization of operational practices related to the collateralization of securities. https://ecocomlaw.sbu.ac.ir/article_105783.html Since the closing decades of the twentieth century, the emergence of digital power has compelled states to adopt distinct legal approaches toward the activities of digital actors, particularly online platforms. Examining the two dominant regulatory models on either side of the Atlantic- the European Union and the United States- facilitates an understanding of the evolution of legal responses to these emerging centers of power. In both jurisdictions, during the early stages of platform development, data circulating in the digital environment were primarily regarded as a factor of production, with the free flow of data viewed as a means of maximizing economic profit. To advance this objective, platforms were granted broad immunity from legal liability for content transmitted through their services. Beginning in the early twenty-first century, however, the regulatory trajectories of the two systems diverged. Recognizing the growing concentration of power in the hands of digital platforms, particularly its implications for users’ right to privacy, the European Union gradually shifted from an economic liberalism paradigm toward digital regulation. This transformation first emerged through judicial practice and was subsequently institutionalized in legislative instruments, most notably the General Data Protection Regulation (GDPR). By contrast, the United States continued to adhere to its longstanding non-interventionist approach, emphasizing the application of free-market principles to the digital sphere. This study seeks to answer the following question: what normative foundations explain the divergent legal responses of the European Union and the United States to digitalization? The principal finding is that the European regulatory model is primarily driven by the protection of users’ rights, particularly the right to privacy, whereas the United States justifies extending the principles of the capitalist market order to the digital environment by relying on the constitutional protection of freedom of expression. https://ecocomlaw.sbu.ac.ir/article_107161.html With the ever-increasing expansion of cryptocurrency activities in the fields of trading, investment, mining, and payment, the taxation of these digital assets has become one of the fundamental challenges of fiscal policymaking at the global level. The decentralized nature of cryptocurrencies, the relative anonymity of transactions, and the possibility of rapid cross-border transfers have cast doubt on the effectiveness of traditional tax systems. While many countries, particularly in Europe, have taken steps to develop specific tax frameworks for cryptocurrencies, the legal and tax status of these assets in Iran remains subject to serious ambiguity. A comparative examination of the tax systems of European countries such as Germany, France, Spain, and the United Kingdom shows that cryptocurrencies are generally recognized as financial assets and are subject to income tax or capital gains tax, although differences exist in their methods of implementation. These include the exemption for long-term holding in Germany and the imposition of tax only at the time of conversion into fiat currency in France and Spain. Furthermore, the European Union’s DAC8 framework reflects an effort to standardize reporting and reduce tax evasion. In contrast, cryptocurrency taxation in Iran lacks an independent and transparent legal basis and is mainly applied within the general framework of the Direct Taxation Act and through the monitoring of bank transactions. Circulars and regulations issued by supervisory authorities, particularly the Central Bank, are primarily aimed at regulating exchanges and preventing financial crimes rather than establishing a coherent tax system. This legal gap has resulted in increased opacity, intensified tax evasion, and reduced investment security. The present article proposes that Iran, by drawing on European experiences, should develop a specific and transparent framework for the taxation of cryptocurrencies. https://ecocomlaw.sbu.ac.ir/article_107162.html With the objective of reducing Iran’s oil exports to zero and diminishing Russia’s oil revenues, the United States has imposed extensive primary and secondary economic sanctions on the international oil trade of both countries. Adopting a comparative approach and employing a descriptive–analytical method, this article examines the legal regime governing U.S. sanctions on the sale of Iranian and Russian oil in order to identify their similarities and differences within the framework of international trade law. The main research question addresses whether unilateral U.S. sanctions produce identical effects on the international oil trade of Iran and Russia. The final analysis demonstrates that the nature, objectives, and legal frameworks of these sanctions differ significantly. While sanctions against Iran are designed to entirely eliminate oil export revenues—resulting in an absolute prohibition on the purchase of Iranian oil by U.S. natural and legal persons—and while secondary sanctions with extraterritorial character substantially expand the scope and severity of their impact, sanctions against Russia are primarily focused on long-term and high-risk projects. Moreover, the purchase of Russian oil remains permissible under certain restrictions, such as the imposition of a price cap mechanism. These differences indicate that unilateral sanctions do not exert uniform effects on the two countries and are consistently accompanied by substantial conflicts with fundamental principles of international trade law, including the principles of non-discrimination, most-favored-nation treatment, and the prohibition of quantitative restrictions. https://ecocomlaw.sbu.ac.ir/article_107415.html The purpose of this article is to examine the impact of the idea of rights on the formulation and evaluation of public policy and economic policy. Although the application of the idea of rights is considered necessary, how the theory of rights can be applied to policymaking has not been sufficiently developed, while the good, efficiency, and desirability have been introduced as criteria for evaluating policy. The theory of rights provides a means for applying the idea of rights to policymaking. By analyzing the elements of rights, this article develops a framework for such an application. Accordingly, it examines the meaning, content, holders, justifications, limits, and implications of the “right to policymaking.” The most important outcome of this analysis is the identification of the rules governing policymaking on the basis of constitutional rights, natural rights, private rights, and private and public property rights—rules that cannot be overridden by the discretion of policymakers. Policy must be formulated through these rights. The exercise of the rights of private owners produces a rights-based outcome that cannot be overridden by the will of the state, policymakers, democracy, consensus, or majority rule. In domains of co-ownership, policy derives its meaning from the agreement among the right-holders of that domain, and it cannot be overridden by the will of policymakers or others who have no right in that common domain. It can therefore be argued that any choice made by a non-right-holder, or without a basis in rights, is erroneous; that a right cannot be evaluated by a standard other than the right itself; and that a policy constructed on the basis of rights takes precedence over a policy that policymakers claim to have constructed on the basis of efficiency. https://ecocomlaw.sbu.ac.ir/article_106594.html In all models of sovereign wealth fund investments, alongside portfolio investment, albeit to a lesser extent, the method of foreign direct investment is also applied. Although the Foreign Investment Promotion and Protection Act, enacted in 1380, focuses on foreign direct investment, this law, its executive bylaw, and other related regulations have several limitations regarding foreign direct investment in our country, which also apply to sovereign wealth funds. The objective of the present research is to identify potential legislative constraints in the field of foreign direct investment that could significantly affect sovereign wealth fund investments, and to analyze and evaluate these effects. Based on the findings of this research, in relation to the export revenues of sovereign wealth funds, in most cases where the transactions originate and are paid outside the country, investing these revenues domestically is considered capital with foreign origins. Due to the effects of conditions and limitations on the transfer of assets related to investment, applying them to sovereign wealth funds is difficult or even impossible, making regulatory reform in this area essential. Regarding the limitation on ownership of real estate for sovereign wealth funds, the principle of prohibition of ownership of real estate in Iranian law is a minor obstacle, applicable only to investments in real estate and also in power generation and energy infrastructure. Finally, recommendations for regulatory reform and implementation practices have been proposed. https://ecocomlaw.sbu.ac.ir/article_105847.html Commercial law, while adhering to the principle of sanctity of contracts (pacta sunt servanda), has consistently sought solutions for managing contract breaches to facilitate commercial relationships and reduce disputes. One such solution is the 'Nachfrist' provision (additional grace period) in the Convention on International Sale of Goods (CISG), which provides the possibility of granting an additional period for contract performance. This theoretical research, conducted through a descriptive-analytical method and utilizing library resources, compares the Nachfrist provision in the CISG and the laws of England, France, and Iran. In the CISG, Nachfrist serves as both an instrument for specific performance (execution of the original obligation) and a prerequisite for termination, obligating the obligee to observe a reasonable grace period and refrain from inconsistent remedies. In French and English law, termination is primarily limited to fundamental breach (material breach), with Nachfrist holding different positions; in French law, it does not affect the termination clause, while in English law, it can transform time into an essential term (condition). In Iranian law, despite the priority of specific performance (asl-e-ejra-ye-taahod), the absence of specific regulations regarding additional time has led to inconsistent judicial practice. This research, emphasizing the functions of Nachfrist in facilitating commercial relationships, reducing disputes, and enhancing legal certainty, examines Iran's legal gaps and provides practical recommendations regarding the implementation of a legal framework for additional time. https://ecocomlaw.sbu.ac.ir/article_106276.html Arbitral tribunals in corruption-related cases often face complex and unique circumstances that significantly complicate the pursuit of truth and the issuance of a fair award. One of the critical issues in this context is determining the burden of proof—specifically, which party is responsible for proving the allegations. This issue becomes particularly important in corruption cases, which are often characterized by their hidden and intricate nature. According to the principle "the burden of proof lies with the claimant," the responsibility for proving the occurrence of corruption generally rests on the party making the allegation. However, some modern approaches in investment arbitration advocate for shifting the burden of proof to the respondent in specific instances. In such cases, the legal burden of proof remains with the claimant, but the respondent may be required to provide further evidence to rebut the allegations. This transfer mechanism can help ensure balance and equality between the parties before the arbitral tribunal and contribute to the fair resolution of disputes. Under this approach, if initial evidence of corruption is presented that creates reasonable doubt in the minds of the arbitrators, the burden of providing additional evidence to refute the allegations shifts to the accused party. The arbitral tribunals choose different standards and thresholds for establishing corruption based on the nature of each case and the evidence presented. This selection directly affects the tribunal's approach to case management and plays a vital role in ensuring transparency and justice in international arbitration. https://ecocomlaw.sbu.ac.ir/article_106407.html Restrictive regulations are known “territorial sanctions” when they impose obligations on entities within territorial jurisdiction of the sanctioning state, and “extraterritorial sanctions” when they are applied beyond territorial borders, complying with the latter by another state can conflict with that state’s obligations in bilateral investment treaties and may result in imposition of damage to foreign investors. The investor, however, faces two main challenges in claiming damages; first, the host state may consider the violation of the extraterritorial sanctions by the investor as a factor for excluding the investor from the treaty’s protection and competence of arbitral tribunal of the treaty, and second, the host state may justifies its measures with the “National Security Exception”. This article examines these important challenges and arbitral tribunals’ approach through studying the parties’ arguments and the tribunal’s analysis in the first challenge, and the conditions for invoking the “National Security Exception” and the possibility of realization in the context of extraterritorial sanctions in the second challenge. The article concludes that the arbitral tribunal will accept the host state’s position regarding the lack of tribunal's competence due to the violation of extraterritorial sanctions by the investor only when the violation was occurred at the time of the investment establishment and was “serious” and “related” to the investor’s claim. Regarding the second challenge, the findings show that compliance with extraterritorial sanctions is mainly for political purposes and cannot be considered a necessary, proportionate and good faith measure to preserve the national security of the host state. https://ecocomlaw.sbu.ac.ir/article_106638.html This study was conducted with the aim of identifying and analyzing the fundamental gaps between the conventional and Islamic banking systems and presenting a novel model for measuring and improving compliance with Shariah principles. The main issue is the existence of numerous challenges in the compliance of Islamic banking with conventional banking and the necessity for an accurate assessment of the current situation within the specific economic and cultural context of Iran. The research structured into three sections: theoretical foundations, gap analysis, presentation of the new model. By integrating various theories, including the Maqasid al-Shari'ah (Objectives of Islamic Law), Systems Theory, and Stakeholder Theory, it meticulously examined the components of compliance. Key indicators such as the types of contracts, the presence or absence of Riba (usury), transaction transparency, and the observance of Islamic ethical principles were investigated. The results of the study indicate that: Significant structural and functional differences exist between conventional and Islamic banking. These gaps are rooted in fundamental philosophical and economic model differences. The proposed compliance measurement and improvement model consists of five main components (Inputs, Processes, Outputs, Outcomes, and Continuous Feedback). Model validation confirms its efficacy and reliability in assessing and improving the compliance of Islamic banks. The innovation of this research lies in presenting a comprehensive and practical model for measuring the degree of compliance of banking operations with Shariah principles, utilizing a gap analysis approach, proposing novel compliance improvement mechanisms using new technologies, and simultaneously addressing operational and theoretical dimensions within an integrated framework. https://ecocomlaw.sbu.ac.ir/article_106763.html After the growth of the air transport industry and the transformation of the sky into one of the main options for transporting cargo and passengers, the number of flight operations increased and the airports of many cities faced heavy air traffic. To solve the latter problem, the United States of America and the Council of Europe tried to draw up a mechanism for using the airports in question by developing a set of regulations, whereby each airline can only land and take off at the same airport if it receives an airport slot from each airport. However, the development of such regulations caused some airlines to have almost no chance of receiving an airport slot at many airports. The main question of the present research is whether an airline can access airports that do not have an airport slot through the conclusion of a codeshare agreement? If the answer is yes, what criteria will be applicable to this agreement? The authors have used a descriptive-analytical method to find a reasonable answer to the latter question. The overall results of the study, while considering the conclusion of a codeshare agreement under certain conditions as an innovative solution for airlines to access airports that do not have airport slots, also identify 5 criteria applicable to such an agreement. https://ecocomlaw.sbu.ac.ir/article_106936.html Unfair terms in banking contracts, though often embedded within standardized documentation, represent a significant point of conflict between the autonomy of contracting parties and the regulatory imperative of consumer protection. This study analyzes the legal nature and effects of such terms in Iranian banking contracts and evaluates the capacity of domestic law to regulate them, employing a comparative approach based on the European Union’s consumer-protection framework. Using a descriptive–analytical methodology grounded in statutory analysis, banking regulations, judicial decisions, and Directive 93/13/EEC, the research shows that clauses such as unilateral interest-rate adjustments, disproportionate obligations, risk-shifting arrangements, and restrictions on judicial recourse disrupt contractual equilibrium and fall squarely within the modern conception of unfair terms. The findings indicate that although Iranian law provides theoretical bases—such as the doctrines of la zarar, prohibition of gharar, and invalidity of terms contrary to the essence of the contract—for challenging these clauses, the absence of a dedicated statute, limited judicial and administrative oversight, lack of ex ante contract control, and the nonexistence of specialized consumer-protection bodies substantially restrict the effectiveness of these mechanisms. The study concludes that meaningful reform requires the enactment of a comprehensive law on unfair terms in banking contracts, the standardization and increased transparency of contractual forms, strengthened judicial and regulatory supervision, the establishment of an independent financial dispute-resolution authority, and improved consumer legal literacy. These measures, implemented within the framework of Islamic banking principles, would support the creation of a more balanced contractual environment aligned with international consumer-protection standards. https://ecocomlaw.sbu.ac.ir/article_106937.html Since 2010, with the enactment of the Fifth Development Plan, the transformation of Iranian registration system has been regarded as a key policy objective within the national legislative framework. However, an examination of the legislative process indicates that whenever the notion of registration system transformation has been addressed, the legislature has predominantly pursued two major strategies: “digitalization of the registration system” and “detachment of the Registration Organization from the judiciary.” Despite these efforts, the transformation of the registration system has not been successful due to the focus on the unity of the registration authority. This raises a central question: What impact would a shift in perspective from an organization-centric to a process-centric approach have on the transformation of Iran’s registration system? This study, employing a descriptive-analytical method and based on desk research and documentary research, provides a comparative examination of the organization-centric and process-centric approaches in the structure of Iranian registration system and advanced legal systems. The findings indicate that the primary issue is the predominance of the organization-centric perspective, in which the Registration Organization, as a single centralized entity, serves as the focal point for designing rules and processes, while the specialized functions of the various registration domains are overlooked. The study proposes that adopting a process-centric approach and establishing multiple specialized registration authorities in each domain—real estate, companies, industrial property, notarial documents, and enforcement of executory instruments—can enhance property security, the legal identity of individuals, and the economic and operational efficiency of the registration system. https://ecocomlaw.sbu.ac.ir/article_106943.html Criminal res judicata is not merely a procedural rule designed to terminate a specific dispute; rather, it functions as an institutional mechanism for determining the optimal stopping point of prosecution and minimizing the total social cost of the criminal justice system. Within the framework of economic analysis of law, efficient finality is achieved when the expected marginal reduction in the cost of judicial error resulting from an additional unit increase in the probability of reopening proceedings is exactly equal to the marginal direct and institutional cost of such reopening. In other words, finality is economically efficient at the point where the marginal cost of re-litigation equals the marginal benefit of error correction. Total social cost may be understood as a function of three components: error costs (wrongful conviction or wrongful acquittal), re-litigation costs, and institutional uncertainty costs. Deviation from this equilibrium exposes the system to net increases in social cost, heightened institutional risk, and erosion of public trust in the finality of judicial decisions. Drawing upon the economic theory of public enforcement of law (Becker; Polinsky & Shavell), transaction cost theory (Coase), and the theory of credible institutional commitment (North), this article argues that the legislative design of criminal res judicata in Iranian law has failed to stabilize this optimal equilibrium due to the absence of a coherent “threshold-based institutional architecture” governing exceptions to finality. https://ecocomlaw.sbu.ac.ir/article_106957.html Trade secrets are among the most essential tools for maintaining a competitive advantage in the economy. Within trade secret law, “actual or potential independent economic value” (IEV) plays a fundamental role in delineating the scope of legal protection, serving to distinguish merely confidential information from genuinely valuable proprietary data. However, an analysis of judicial practice reveals that courts frequently treat this element as a minimal or presumed requirement, directing their focus instead toward establishing secrecy and protective measures. This article critiques prevalent interpretations of this element by examining its conceptual foundation and historical evolution from common law to U.S. statutory law. In this regard, it demonstrates that neither the mere fact of secrecy nor the time, cost, and effort invested in generating the information is inherently sufficient to establish IEV. Rather, the primary criterion must focus on proving an attributable economic advantage derived exclusively from the non-disclosure of the claimed information. Subsequently, the article proposes the “Value Failures” analytical framework as a practical standard for assessing IEV. This framework identifies four distinct shortcomings: Amount Failures, Causation Failures (the lack of a causal nexus between value and secrecy), Type Failures, and Timing Failures. The rigorous application of this benchmark assists courts during the adjudicative process. Ultimately, it strengthens the conceptual coherence of trade secret law and prevents the emergence of unjustified monopolies, thereby ensuring an optimal balance between incentivizing innovation and safeguarding healthy competition. https://ecocomlaw.sbu.ac.ir/article_107007.html This article argues that integrating Corporate Social Responsibility (CSR) into the contractual framework of the oil and gas industry, specifically through the Good Oilfield Practice (GOP) clause, is a crucial mechanism for enhancing the environmental accountability of contractors. The inherent complexity and high-risk nature of upstream operations, coupled with frequent environmental incidents, necessitate moving beyond mere regulatory compliance towards effective self-regulation and social accountability. The study employs an analytical-descriptive methodology, based on a qualitative review of international CSR standards, model petroleum contracts, and relevant legal literature. It finds that the traditional GOP clause, historically focused on technical and economic efficiency, possesses inherent flexibility for expansion. CSR provides the substantive principles—such as environmental respect, transparency, and stakeholder engagement—to operationalize a modern interpretation of "good practice. " This integration transforms GOP from a narrow technical metric into a holistic governance tool, where environmental stewardship becomes a core component of contractual performance and operational success. The conclusion asserts that the oil and gas industry requires adopting CSR as a comprehensive basis for defining effective socio-environmental responsibility. Reformulating the GOP clause to incorporate CSR principles offers a coherent and innovative contractual strategy. This approach not only addresses growing societal expectations but also aligns the long-term interests of the industry with sustainable development goals. For resource-rich countries like Iran, embedding this modernized interpretation into petroleum legislation and contracts can mitigate environmental risks, enhance international credibility, and attract responsible investment. https://ecocomlaw.sbu.ac.ir/article_107009.html Despite their originally decentralized nature, crypto-asset markets have increasingly relied on centralized exchanges that play a critical role in market access, asset custody, and transaction execution, while simultaneously concentrating legal and economic risks. In Iran, after a prolonged period of regulatory absence, the regulation of crypto-asset exvhanges has largely been centralized within the Central Bank. This study aims to assess the institutional efficiency of the regulatory authority governing crypto-asset exchanges in Iran from a law-and-economics perspective and in light of comparative regulatory models relevant to the topic. The research adopts a descriptive–analytical method, examining different institutional approaches to the regulation of crypto-asset exchanges and evaluating their economic and legal implications. The findings indicate that although a central bank centric regulatory model offers advantages such as regulatory unity and reduced regulatory arbitrage, its precautionary orientation, conflicting mandates, and limited institutional compatibility with rapidly evolving crypto-asset markets hinder the simultaneous achievement of economic efficiency, competition, and innovation. This model may also increase transaction costs and encourage the migration of activities toward informal or offshore markets. Accordingly, the study concludes that establishing an independent specialized regulatory authority, equipped with comprehensive jurisdiction, risk-based regulation, and flexible regulatory tools, provides a more effective framework for ensuring market stability, protecting users, and fostering sustainable innovation in Iran’s crypto-asset exchanges. https://ecocomlaw.sbu.ac.ir/article_107073.html Economic corruption remains a structural challenge within Iran’s monetary and banking system. This research aims to analyze the central role of transparency and conflict-of-interest management as key strategies for preventing economic corruption, while also examining the extent to which executive regulations align with the foundations of these two principles as outlined in the overarching policies issued by the Supreme Leader. Using a descriptive-analytical method, the study scrutinizes the general policies of the system in the area of anti-corruption, along with executive regulations including the By-Law on Preventing the Accumulation of Non-Performing Loans (2018) and the Directive on Acquisition of Shares in Banks and Non-Banking Credit Institutions (2024). The central question is: How do the shortcomings of the Non-Performing Loans By-Law and the Share Acquisition Directive hinder the effective realization of transparency and conflict-of-interest management strategies in controlling economic corruption? The issued general policies clearly emphasize transparency, accountability, elimination of special privileges, and conflict-of-interest management as fundamental bases for controlling corruption. However, economic corruption emerges in the gap between these macro principles and detailed regulations. The analysis reveals that the Non-Performing Loans By-Law and the Share Acquisition Directive suffer from serious deficiencies which collectively render preventive measures ineffective. The ultimate solution involves a fundamental revision of executive regulations, focusing on clarifying transparent mechanisms, establishing independent and capable supervisory bodies, and precisely defining responsibilities and enforcement guarantees. This would bridge the gap between law and practice and break the cycle of corruption. https://ecocomlaw.sbu.ac.ir/article_107223.html Planned obsolescence as an unfair commercial practice, is a strategy that, through the intentional engineering of a limited lifespan for goods, exerts profound effects on consumer rights and the equitable balance of the market. The main research question is: what is the legal concept and nature of planned obsolescence, and what are its instances as unfair commercial practices? Employing a comparative-analytical method and relying on library-based resources, this article identifies the approaches of the European Union and the United States legal systems and seeks to analyze the position of the Iranian legal system in confronting this phenomenon. The findings confirm that the European Union, through the adoption of preventive policies (mandatory transparency regarding product durability, the right to repair, and the strengthening of competition), has established a coherent framework. The United States relies primarily on reactive instruments (class actions and anti-fraud rules), the effectiveness of which is limited due to the difficulty of proving producer intent. In Iran, despite fragmented capacities within consumer protection and e-commerce laws, there exists no precise definition of planned obsolescence as an unfair practice, and the weakness of enforcement mechanisms has hindered effective governance against this phenomenon. The comparative analysis suggests that reforms such as the institutionalization of the right to repair, the formulation of transparency standards concerning product durability, and the establishment of collective redress mechanisms can bring the Iranian legal system closer to an efficient global model and establish a fairer balance between the rights of producers and consumers. https://ecocomlaw.sbu.ac.ir/article_107241.html Recent developments in monetary and banking legislation have highlighted the Central Bank’s responsibility to preserve the stability, soundness, and transparency of the country’s banking network. Nevertheless, the Central Bank’s regulatory approach toward key banking service providers—including Iran Informatics Services Corporation, Shaparak, and the Iran Currency and Gold Exchange Center—faces significant challenges. Adopting a critical perspective and utilizing a descriptive-analytical methodology alongside legal text analysis, this article evaluates the Central Bank’s performance in relation to these companies and seeks to answer the primary question: “What challenges does the Central Bank face in regulating banking service providers?” Throughout the study, various issues are examined, such as the lack of privatization of the Iran Informatics Services Corporation, insufficient oversight over Shaparak’s extra-legal authorities, and the overlap and interference of responsibilities with other supervisory entities, including the Securities and Exchange Organization, in structuring the Iran Currency and Gold Exchange Center. The findings indicate that existing regulatory gaps and conflicts have led to substantial problems in the sound regulation of such companies, and in certain cases, the Central Bank's actions even conflict with prevailing regulations. This critical review aims to offer a clear depiction of the main obstacles and challenges in regulation within this field, illustrating the urgent need for a fundamental reassessment of the Central Bank’s supervisory approaches. https://ecocomlaw.sbu.ac.ir/article_107269.html Financial technology (FinTech) startups seeking global scale face complex regulations across jurisdictions that hinder market access and rapid customer adoption; however, given the uncertainties surrounding business models and their impact on the economy, regulators are concerned about the potential negative consequences of these companies’ activities on the stability and soundness of financial markets. In Iran, the growing popularity of FinTech companies and the lack of regulatory familiarity with the sector to regulate have raised similar concerns. This study examines the legal barriers to the advancement of FinTech platforms through a qualitative research method. It aims to highlight recurring concerns such as data governance, interoperability, licensing barriers, and talent acquisition issues for innovators seeking to access multi-country services. Although the results show that regulatory principles remain largely uncoordinated at present, the recommendations emphasize sectoral collaboration to advance unified standards, including data governance, regulatory rules, and open banking architectures. Staging compliance based on appropriate need and effective policy incentives and dispute relief schemes may facilitate market entry and maintain the trust that is lacking today; but achieving the ultimate goal of this technology requires accelerating progressive, agile, and international legal systems that protect consumers while fostering inclusive innovation ecosystems. https://ecocomlaw.sbu.ac.ir/article_107302.html According to the Supreme Court's ruling 155 dated1969/3/3, a bankrupt trader is exempt from paying delay damages. This ruling poses a threat to the rights of creditors, especially banks that provide loans to traders, and has faced serious criticisms as a result. In this research, the author employs a descriptive-analytical method to address the question of what the foundations of the exemption of bankrupt traders from paying delay damages are and what criticisms can be made against it. Traders typically obtain substantial loans from banks to secure the capital needed for their business activities. It is sometimes observed that these traders, after a long period of delaying payments, claim bankruptcy in order to utilize the provisions of the aforementioned unified ruling and avoid paying delay damages. The exemption of bankrupt traders from this liability creates a favorable environment for exploiting bankruptcy regulations. The findings of the research indicate that legal scholars and experts in commercial law have identified various foundations for this exemption, including: the maturation of creditors' debts, the principle of equality among creditors, the non-attribution of delay damages to the bankrupt, the prevention of prolonged liquidation processes, the inability of the bankrupt to pay damages, and the ethical concerns regarding the imposition of delay damages. All these points face criticisms, and it appears that the exemption of bankrupt traders from paying delay damages violates the principle of equality among creditors; because monetary creditors receive their debts without considering inflation, while non-monetary creditors receive their debts at https://ecocomlaw.sbu.ac.ir/article_107303.html The Public-Private-People Partnership, as a novel approach in planning, focuses on enhancing interaction and leveraging capacities beyond governmental sectors. This model emphasizes the active involvement of the public and non-governmental organizations in the development and implementation of projects, aiming to mitigate challenges related to lack of transparency and legitimacy in public and private sector interactions by increasing public oversight. In this process, the role of people is crucial. People act not only as stakeholders but also as observers and participants in decision-making and project oversight processes. Given the importance of transparency and accountability in this model, public participation in projects can help reduce corruption and enhance public trust. Moreover, public involvement can serve as a tool to ensure that policies and projects are effectively implemented and benefit the local community. The fundamental question of this research is: What are the legal challenges in implementing the Public-Private-People Partnership model? Findings of this research indicate that successful implementation of this model requires robust legal frameworks that clearly define the roles and responsibilities of stakeholders. The absence of such frameworks can lead to diminished trust and delays in project implementation. Additionally, the protection of intellectual property rights and data transparency is essential to ensure innovative collaborations and public trust. Ultimately, participatory governance, by enhancing transparency and accountability, can improve the efficiency and sustainability of this model and contribute to the desirable development of the energy industry. This requires the updating of management theories and mechanisms and effective collaboration between government and new actors. https://ecocomlaw.sbu.ac.ir/article_107304.html "Cryptocurrency" (Ramzpul) is a term that entered the country's economic and legal literature with the implementation of the Central Bank of the Islamic Republic of Iran Act in 2024. With the emergence of the concept of cryptocurrency, disagreements arose regarding its definition, scope, the institution in charge of its supervision and regulation, as well as its relationship with concepts like crypto-asset, digital currency, and the digital Rial. This has led to the failure to establish an efficient regulatory system in practice. This article, adopting a descriptive-analytical approach, aims to examine the concept of cryptocurrency and its relationship with other similar concepts. By referring to the text of the country's current laws and regulations, it seeks to answer the question of how the legal system of our country has been organized in the field of regulation and supervision of cryptocurrencies. Ultimately, the finding of this article is that the definition of this concept in the Central Bank Act is a broad definition that encompasses the majority of today's recognized crypto-assets. Consequently, all of these fall under the supervision and regulation of the Central Bank and the provisions and rules of the Central Bank Law; a matter that is entirely consistent with the inherent function of these cryptocurrencies in Iran's current economy and the Central Bank's missions. Accordingly, the intervention of other bodies in this area and the Central Bank's refusal to perform its legal duties lack legal justification. https://ecocomlaw.sbu.ac.ir/article_107323.html The right to repair products by consumers or repairers other than the manufacturers or suppliers of products is an emerging right that is gradually being recognized in various legal systems. Consumer protection, management of limited resources, and preventing environmental damage are main reasons for recognizing this right and enhancing products durability by repairing them. manufacturers often oppose this right to repair by independent repairers, alleging risk of safety, security, reputational damage, low quality of independent repairs, and even the adverse environmental effects by not providing parts, tools, and instructions. In this context, some legal systems have recognized the right to repair as an independent right, while others have recognized it as an implicit right within consumer law, competition law, or intellectual property law. This article, through a comparative approach, studies and explains the concept, principles, and methods of protecting the aforementioned right, and proposes the recognition of such a right in the Iranian legal system. https://ecocomlaw.sbu.ac.ir/article_107352.html Commutative partnership contract plays an effective role in contemporary economic relations, especially considering individuals’ capital limitations. Consequently, identifying the nature and attributes of this contract is not merely a theoretical exercise but a practical necessity. However, the Civil Code’s approach, marked by the absence of a clear definition of the civil partnership contract and the conceptual confusion between commutative partnership, joint ownership , and permissive partnership, has led to ambiguity in determining its precise nature. This research examines the nature of the commutative partnership contract and seeks to clarify the extent to which its legal instances(Article 18 of the Regulations on Facilitating Bank Credits, Article 2 of the Law on the Issuance of Participation Bonds, and Article 24 of the Law on Permanent Provisions of the Country’s Development Plans) align with the said attributes. The findings indicate that despite similarities with the permissive partnership of the Civil Code regarding its consensual nature and the lack of necessity for the commingling of assets, the commutative partnership contract differs significantly. Unlike permissive partnership, which presupposes prior joint ownership and is based on mere permission, the commutative partnership contract itself creates joint ownership. Moreover, as a binding, simple, and temporary contract, it produces several legal effects, including the mutual transfer of ownership shares, the obligation to participate in profits, and mutual agency and permission in managing the property. Since such permission is granted within a binding contract, it remains irrevocable until the end of the partnership period. https://ecocomlaw.sbu.ac.ir/article_107359.html transactions that contravene contractual stipulations. There is a profound disagreement among jurists and religious jurists regarding the legal standing of such transactions. This is while, a divergence of opinion exists among scholars concerning the enforcement mechanism for each specific type of conflicting transaction, whether they involve an affirmative jural stipulation, a negative jural stipulation, or a negative result stipulation. Virtually every possible legal status, including validity, nullity, unenforceability, ipso facto termination, and non-assert ability, has proponents as for each specific type of conflicting transaction. The authors provide a comprehensive jurisprudential and jural analysis of the matter, along with an interpretation of Supreme Court General Assembly's Judicial Precedents No. 810 and No. 832, which address an instance of transactions conflicting with a stipulation. Through this analysis, a general and universal theory regarding the enforcement mechanism for transactions conflicting with all types of contractual stipulations is presented, aiming to conclude the disagreements in the legal literature. The research concludes that in all instances of transactions conflicting with any type of contractual stipulation, the transaction is deemed to be in a suspended status due to the existence of a legal impediment. This impediment primarily serves to protect the potential ownership of the third party (the stipulator/beneficiary). Should the stipulator exercise their right, the suspended transaction is terminated ipso facto as of the same date. The conflicting transaction shall remain in effect if the impediment is eliminated.