Conflict Resolution Rules of Technology Transfer Contracts against Articles 81 & 153 of the Constitution

Document Type : Original Article

Authors

1 Assistant Prof. Department of Islamic Jurisprudence and Law, University of Tehran, Iran

2 MSc. Private Law, Department of Law, Islamic Azad University, Kerman Branch, Iran

Abstract

Regarding developing countries, technology transfer is one of the ways to create change and progress which is concluded bilaterally or multilaterally through international agreements between natural or legal persons. But, the provisions of technology transfer agreements may be accompanied by a kind of domination by the transferor and conflicts with certain laws or principles governing the transmitting country and the parties to the contract can't get the desired result. As in the Constitution of Iran, the two principles 81 and 153 have created restrictions for technology transfer contracts and a kind of conflict in the implementation stage of these contracts. In this descriptive-analytical study, the question arises is “What is the solution to the conflict between Articles 81 and 153 of the Constitution and the need to use technology transfer contracts and prescribe them in laws?” In the results of this study, it was found that by preserving the principles, rules and requirements of “the Negation of the Way” rule, two jurisprudential rules of “Expediency” and “The Most Important rule Among Two” as well as the legal principle of mutual respect can be invoked to get out of existing conflicts. It was also cited to be able to protect the integrity of the Islamic system and deny any foreign domination, at the same time, take advantage of the effective benefits of technology transfer for sustainable development.

Keywords

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History

  • Receive Date: 06 May 2021
  • Revise Date: 01 November 2021
  • Accept Date: 31 January 2022

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