The objective of present study is to investigate the mediator role of psychological contract in the relationship between paternalistic leadership and turnover intention. Statistical population composed of the employees of Food Industry companies in Rasht city, using the Morgan Table, 332 of which were selected as the sample group by simple random selection. In this research, questionnaire was used by 15 items of paternalistic leadership with Chang et al. (2000), 9 items of the Rousseau’s (2000) psychological contract, and 3 item of Wayne et al.’s (1997) turnover intention; that validity and reliability were confirmed. Data were analyzed through partial least squares and Smart PLS 2.0 software. The results of the research showed that the model has suitable fit and the observational variables have appropriate reliability and validity. Also, results showed that the paternalistic leadership has positive and significant effect on psychological contract and it has negative and significant effect on turnover intention. Psychological contract has negative and significant effect on turnover intention. The variable of age didn't moderate the relationships between the variables.

intention and consent is one of the most important legal debates in contract law. Since the era of Shaykh Ansari, the opinion of the majority of jurists was to distinguish consent from intention which has been followed by Iranian civil law and legal writers. But this separation has created some ambiguities in the law and jurisprudence. This study, after reviewing the history of change in the two concepts of consent and intention, and comparing juridical opinions, and preferring the viewpoint which believes consent includes transfer of ownership, challenges the distinction between consent from intention as is customary in the law and jurisprudence literature, and finally, shows that, according to the conventional view in the earlier jurists, civil law can be better understood and interpreted. If consent is considered as intention to create the nature of the contract, the contract would be valid if there was an intention to express the offer and acceptance, even though there was not any intention to transfer the ownership.

One of the conditions for the correctness of the contracts is the serious intention to enter into the contract with the explicit expression of the parties to the contract. This condition in the presence of an agreement after the adoption of reason and the maturity of the two parties of the contract is based on the existing evidence and based on rational principles, but the fulfillment of this condition in electronic contracts is difficult and with many questions such as that given the lack of information One way is the need to accept the statement by the other party and how it is not present, how does the intention to create the requisition take place at the time of acceptance and is it essentially the reason for the intention to enter into an electronic contract, and how can it be established in the assumption of inclusion? And how can each party sign it? And in addition, how much does electronic advertising cost? All the while, the jurisprudential review of the condition for the intention of electronic contracts in existing papers has been less widely considered. This paper is based on the jurisprudential framework and based on the conventional analysis of the condition of the intention and the possibility of its realization in the electronic contract and after providing the way of establishing the intention of these types of contracts and examining the conditions for the implementation of the authenticity of the intention in cases of failure to achieve it, and while examining the condition of the frankness The contract and the necessity of explicitly expressed intention have been able to express the legal position of the electronic recall and commercial advertisements in the electronic contract.

The purpose of this study was to investigate the effect of psychological contract violation on positive word of mouth intention in online shopping by application or website. This research, in terms of goal, is an applied research and in terms of data collection method is descriptive. In order to gather information in this research, library and field method and a standardized questionnaire were used. The statistical population is the customers of Digikala’ s company, and the sample of this study consists of 300 customers of the online shopping website or application of Digikala in Tehran, which was selected by simple random sampling method. The test of research hypotheses was assessed by means of structural equation modeling using Listel software. The results of this research indicate the negative impact of the psychological contract violation on the positive word of mouth via making negative impact on service quality and perceived value among the customers. Also, the role of the mediating personalization has been confirmed. Finally, based on the results, as suggestions to company’ s managers which offering online products and services, in order to improve the level of positive word of mouth intention in their customers, they should consider stuff which may create psychological contract violation, because this problem may effect on their service quality and perceived value.

Although arbitration is a contractual method of dispute settlement but it has a judicial output. This output emerged from imposing the arbitrator's award on disputing parties. The entry of the arbitrator into the arbitration process requires the establishment of a contractual relationship between him and the parties to the dispute. The agreement which is concluded by the disputers to obligate the arbitrator to settle the dispute is called the "Arbitrator's contract". This contract, which is considered less, at least in Iran's law, is the source of the arbitrator entry into the process of arbitration and his intervention in resolving the dispute. According to this contractual relationship arbitrator obligate to settle the dispute between disputers. In contrast, disputing parties also obligate to pay remuneration. The main practice of this research is to analyze the unknown relationship from the contract law perspective. An implicit assumption of the issue is twofold, firstly, men of parties in this pattern must be specified and then to check whether the issue and entity or the nature of that correlation can be applicable to the preset contract forms of civil law or it is a new separate design. Results from the analysis of relationship between arbiter and disputing parties reveals that at least three involved agents must meet the same state of mind on the case, which discusses unraveling issues in return of specified wage and finally this contract has its own nature and aspect.

In contractual relationships, the principle is to preserve and continue contractual relationships in order to prevent social and economic losses. This is the basis of the concept of "conversion of contract" analysed by judges by considering the "practical result", that is, economic purposes of the parties within the framework of "social interests". Therefore, the conversion of contract goes beyond the issue of interpretation, since it is justified on the basis of the "socialization of law" approach. In addition, this theory is not in conflict with Islamic jurisprudence (Fiqh), because it focuses on the socialization of law at the level of "the purpose of the contract" and does not seek to regain the basis of the validity of the contract in the social conscience. Therefore, it has been recognised as a legal rule in Fiqh and Articles 144 and 618 of the Civil Codes of Egypt and Afghanistan. In Iranian legal system, it has not been recognized despite its practical implications. Since, the conversion of contract has economic and social benefits and is not in conflict with Fiqh, it can be adopted in the Civil Code by putting various instances under one title.

Banking transaction is one of the most important economic issues in the Islamic society which faces many challenges and problems. One of the most important arguments in this field is about parties’ intention. Since Shiite jurisprudences consider that contracts are dependent to parties’ intentions, the question is that whether the criteria in contracts is the intention to use or the intention to create? And because both parties may not be acquainted with the religious contracts, is this contract valid or not? This research is descriptive-analytic attempts to the jurisprudential principal whish says “ contracts are dependent to the intention” and adapt it with banking transactions. It seems that contracts are dependent to the parties’ intention to use not their intention to create or their real intention. Therefore signing the banking transactions in which the status of parties’ is determined before is sufficient to verify the contract and solve this problem.

This article discusses the cession of contract. After presenting the definition of cession of contract, this base on contractual position and has an independent identity. By dividing the cession of contract in to executive and judiciary and contractual, their conditions are investigated.Finally the effects of cession of contract discussed.

Introduction: Economic analysis of contractual compensation is amongst the topics, which have been paid attention by the legal and economic scholars. The root of such a serious attention is the conflict of various goals and philosophies of enactment of the contractual compensation rules. In an economic perspective, the objective of establishment of compensation rules is to compensate for the loss sustained by the injured party rather than to punish the party in breach. This approach will lead to optional performance of contract, i. e. a free choice between compensation and specific performance. The outcome of such an approach will be that any obligor in any contract may breach the contract and pay a compensation for it. Those believing in advantages of further stipulation of moral principles in the contract Law however do not go with this view. Infringement of contract may take place for the purpose of making more profit or avoiding further loss. By studying the types of efficient breach of contract – even in a traditional view to the contract Law – this logical conclusion can be reached that some types of infringement of contract are in no contradiction with the spirit of justice and moral principles. Founded on economic analysis, mere performance of contractual obligations is not considered as the subject of a contractual relation, but contractual obligations are considered subject to efficiency and utility. Therefore, the replacement for specific performance that is contractual compensation may be the subject of contract and a desirable one. Methodology: Methodology of justification of the “ Theory of Efficient Breach” is based on the laboratory method. The justification is carried out on the basis of some certain and evidentiary data, gathered through studies and reviews in relevant areas. It’ s, however, obvious that stating a legal theory, without comprehensive knowledge of social phenomena is impossible. Therefore, for the purpose of this research, we kept our eyes on legal and economic phenomena, getting organized in front of us. Results & Discussion: Microeconomics, reviews the responses and reactions of the economic players to various factors and motives, and thereby determines which factors will lead to profitable and gainful outcomes. This eventually and consequently enhances the social wealth. In this regard, and in the economic attitude, there is an approach, known as “ homo economic us” , on the basis of which, economic players have a stable and orderly list of preferences, which they reasonably select in order to maximize profit, and determinedly seek their personal interests. This means it’ s assumed that the individuals are wise, and act in a way that will result in reduction of costs and increment of profit. And in case of increment of costs, they select – from the available options – which will cost them less. Hence, “ homo economic us” approach and a logical player won’ t, in the economist pattern, let the personal feelings stop a wealth-making transaction. Therefore, no specific and strong interpretation is required for “ rationality” for the purpose of justification of this essential prediction of economics, which is simply saying: “ the more costly, risky and difficult an option, the less will such an option be picked” . One of the legal institutions, which distinguishably offers a suitable ground for application of economic analysis, with regard to occurrence of economic and profit-seeking aspects, is contract. In economic analysis of contract law, a variety of issues of the contracts are reviewed and studied, but one of the subjects, which strongly attracted the attention of thinkers of both legal and economic areas, is ‘ contractual damages’ . Maybe the reason for such attention can be traced back in the answer to the question that what is the goal and philosophy of the damages in the contract law essentially. Taking into consideration the principle of necessity, the main and initial goal of all legal systems in the area of contract law, is enforcement of contract. In other words, it can be said that by formulating the rules and regulations on compensations, the legislator aimed originally at codifying a guarantee for compliance with and enforcement of contracts. Thus, since the necessity principle of contracts and liabilities has, in all legal systems, been accepted as an obvious principle, it can be stated that the initial objective of guarantees is to prevent breaking the promises and to implement the provisions of the contracts. The second function of contractual damages is that in case of violation of the contract, the promisor should recompense the promise's loss, and place the promise in the situation as if the contract has been executed. Then, from a traditional point of view, the objective of formulation of contractual damages, is to punish the party who has violated the contract, in such a manner that the promisor will be obligated to perform the contractual liabilities, because according to the moral approach, contract is a moral promise, therefore, violation of a contract is considered as a moral fault. In this respect, formulation of contractual damages can hinder the breach of contract, which by nature is considered as a moral promise. On the other hand, based on the economic analysis of the law, which assumes the contract as a means to achieve economic efficiency and to promote the wealth, the aim of contractual damages, is to compensate the damages resulting from violation of the contract, rather than to obligate the promisor to perform his/her promise. Therefore, compensation as a remedy for loss is an adequate substitute for specific performance for the damaged party. So, generally either of the parties, having been fully sure of their net profit even after full compensation of the damages to the damaged party, may find withdrawal of the contract more profitable. On this basis, violation of contract might economically be profitable, and consequently encouraged by the law. Therefore, on the basis of economic analysis, whenever breach of contract can lead to more profit or to prevent further loss in comparison with keeping the promise, it should be supported and promoted by the contract law, because it’ s to the satisfaction of both promise, whose loss has fully been compensated, and promisor, who’ s gaining even more profit. But this thought is unjustifiable for and rejected by a moral approach, which considers the violation of contract as breaking a promise. Therefore, there is an evident incompatibility between moral-promissory and instrumental approaches towards the contract law with respect to breach of a contract. Conclusion and Suggestions: One of the conflicts of instrumental and moral approaches in relation to the contract law is that whether economic efficiency should be considered as a sole or prevailing goal in the contract law or such other goals as morality and justice – as traditional goals of law – should still be observed? In other words, which one is more desirable for the parties to a contract? Concentration on efficiency as a desire and goal in the law, has been paid attention by legal thinkers, especially the economists, and is of thorough and adequate acceptability. As a shortcut, however, it might be better to stop the arguments over whether the objective of law, particularly the law of contracts, should mostly be founded on economic efficiency or otherwise such goals as morality, justice and fairness; and instead to accept that there is no agreement in this regard. The law may, at the same time, be at the service of both: it can use the resources efficiently and serve the morality and justice as well. In this research, it was intended, while studying the contractual damages, to explain kinds of efficient breach of contract and to sort them – as a subject less gone over before; and to determine that in some cases of efficient breach, there is not necessarily any conflict between two mentioned objectives and goals; and instead in most cases, these two are compatible with each other, and what is an efficient economic solution, is in conformity with morality and justice as well. Moreover, in economic analysis of contractual damages, it is reviewed that whether the contractual liabilities are substantive in a contract solely, or such contractual liabilities may only be considered as peripheral to efficiency and desirability? Concentration on desirability and efficiency would have the advantage that instead of specific performance, a substitute i. e. contractual damages can be put in the place of the subject and substance of a contract as well.