نویسندگان
1 دانشجوی دکترای حقوق بین الملل دانشگاه شهیدبهشتی و استاد مدعو، گروه حقوق، دانشگاه آزاد اسلامی واحد دماوند (نویسنده مسؤول).
2 دکترای حقوق خصوصی و عضو هیأت علمی دانشگاه آزاد اسلامی واحد دماوند.
3 دانش آموخته کارشناسی ارشد حقوق خصوصی، دانشگاه آزاد اسلامی واحد علوم و تحقیقات دماوند.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Monopoly rights in our legal system is one of the new issues that there is no comprehensive bill to understand all its dimensions and aspects, and the existing laws do not have the required efficiency due to its dispersion. To solve this problem, a new law entitled the “General Policies of Article 44” and “Amendment of the Fourth Development Plan and the implementation of the general policies of Article 44 of the Constitution” were adopted that caused economic opportunities for the development of competitive environment and to cancel. state monopolies and at the same time it resulted in serious problems, as far as, despite the reduction in government ownership, desired results have not been achieved. Therefore, in this article have been tried to analyze the following matters in the legal lexicon: History, definitions, origins, resource and the basis of applying the anti-monopoly rules application, civil responsibility, law enforcement and finally the losses incurred to persons in violation of anti-monopoly laws in Iranian regulations. With respect to analysis positive regulations, we can concluded that the main basis for competition law and monopoly is public order because it results in achieving justice in society and public interest, And ‘Principle of no Harm’ can be invoked only when we are certain about the losses. About law enforcement of monopolies, unfortunately, due to the vagueness and deficiency of the Iran’s law, legislatives regarding the validity of the contract. Therefore, in many cases there are no appropriate legal enforcement and specific legal order. In other word, relative deficit of executive mechanisms in the regulations has made it difficult to control monopolies. In association with the basis of compensation in violation of anti monopoy and competion law, persons aggrieved by monopoly and violation of competition law based on ‘Principle of no Harm’ and civil liability provisions (especially article 1 of the law of Civil Liability) and special conditions of this regulations, have the right to claim damages.
کلیدواژه‌ها [English]
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