Ebrahim Shoarian

Address University of Tabriz, Faculty of Law and Social Sciences 29 Bahman Blvd., Tabriz, Iran
Phone +98 914 1156 237
Fax
Email e_shoarian@tabrizu.ac.ir
Website www.tilolawyers.com
Nationality Iranian
Education – Tarbiat Modares University, Faculty of Law, 2003, The Doctorate Degree in Law;
– University of Tehran, Faculty of Law and Political Sciences, 1992, Master of Law in Private Law;
– University of Judicial Sciences and Administrative Services, Bachelor of Law, 1988.
Advanced Training:
– Interpretation of Contracts: A Comparative Study under PECL, UPICC, DCFR and Islamic Law, Max Planck Institute, Hamburg (2012);
– Formation of Contract: A Comparative Study under PECL and Islamic Law, Max Planck Institute, Hamburg (2010).
Bar Admission Iran, East Azarbaijan Bar Association (Since 1996).
Work Experience – Member of British Institute of International and Comparative Law (2012- 2014);
– Member of Internship Commission of Bar Association (2008 – 2016);
– Head of Bar Association Commission on Review and Presentation (2003 – 2013);
– Judicial Clerkship, Tehran First Instance and Courts of Appeal (1985 – 1988);
Present Position – Legal Counsel, Counseling Domestic & International Contracts, Drafting and Litigation for Iranian and Foreign Entities (Since 1995)
– Member of Private Law Committee, University of Tabriz (Since 2007);
– Member of Editorial Board at East-Azerbaijan Bar Association Law Review (Since 2008);
– Member of Supervision and Evaluation Committee, University of Tabriz (Since 2008);
– Arbitrator, Member of ICCIMA Arbitration Center (Iranian Chamber of Commerce) (Since 2009);
– Member of the Association of Friends of the Hamburg Max Plank Institute for Private Law (Since 2012);
– Professor of Law at University of Tabriz, Faculty of Law and Social Sciences (Since October 2014);
– Member of Editorial Board, Islamic Azad Law Review (Since 2015);
– Member of Editorial Board, Contemporary Legal Studies, University of Tabriz (Since 2017);
– Member of the Arbitration Committee of the International Chamber of Commerce (ICC) (Since 2019);
– Member of Professional Ethics Committee, University of Tabriz (Since 2019);
– Editor-in-Chief, Contemporary Legal Studies, University of Tabriz (Since 2020);
– Member of Editorial Board, Comparative Law Review, University of Tehran (Since 2021);
– Member of Editorial Board, Public Law Quarterly, Allameh Tabataba’i University (Since 2021).
Past positions – Associate Professor at University of Tabriz, Faculty of Law and Social Sciences (October 2010 – October 2014);
– Assistant Professor at University of Tabriz, Faculty of Law and Social Sciences (March 2003 – October 2010);
– Visiting Professor at University of Tehran, Faculty of Law, International Aras Campus (2013 – 2019);
– Visiting Professor at Islamic Azad University, Faculty of Social Sciences, Department of Law (2015 – 2018);
– Visiting Professor at Al-Maktoum Institute, Dundee, UK (2011);
– Head of Department of Law, University of Tabriz (1993 – 1995).
Publications Books:
– International Sales Law: The CISG from The Perspective of Doctrine and Case Law: A Comparative Study Under International Instruments and Iranian Law (2nd Ed., 2016).
– Law of Obligations: A Comparative Study of CATALA Project (Reforming the French Law of Obligations) with International Instruments and Iranian Law (2014)
– Assignment of Contracts: General Theory – Specific Contracts (2nd Ed., 2014)
– Principles of European Contract Law & Iranian Law: A Comparative Study (2010)
– Police Civil Liability (2010)
Books Edition:
– Selected Articles: The First Conference on International Trade Challenges in Iranian Legal System (2015);
– Access to Justice (Selected Articles), In Memory of Professor Dr. Nasser Katouzian (2014);
– Law Essays (Vols. 2, 3 & 5), East Azerbaijan Bar Associations (2004 – 2007).
Peer-Reviewed Journal Articles:
– Hierarchy and Change of Remedies for Breach of Contract: Approaches of International Instruments and Iranian Law, Contemporary Legal Studies (Forthcoming 2021);
– Good Faith Principle in Contract Law: A Comparative Study under Shari’ah, Islamic Law Jurisdictions with Emphasis on Iranian Law, 35 Arab Laws Quarterly 1 (2021);
– Withdrawal From JCPOA and Compensation for Non-Performance of International Commercial Contracts, 22 The Quarterly Journal of Public Law 9 (2021);
– The Inherent Dignity and Protection of Human Personality In the Context of Constitutionalization of Civil Liability, 11 Ethical Researches Quarterly 315 (2021);
– Approaches and Criteria Governing the Interpretation of Arbitration Agreement: A Comparative Study in Domestic and International Arbitration, 11 Contemporary Legal Studies 155 (2021);
– Taxation of Human Organs in Accordance with Article 75 of Citizenship Rights and Islamic Jurisprudence for the Sale Of Organs, 14 Medical Law Journal 536 (2021);
– Judgment for Specific Performance Against Obligor and Its Implementation by Third Party in Iranian and French Law, 11 Comparative Law Review 591 (2020);
– The Nature and Characteristics of Swap Contracts, 9 Journal of Civil Law Knowledge 71 (2020);
– The Standards of Proving Damages and Its Amount: A Comparative Study Under International Instruments and Arbitration Awards, 21 The Quarterly Journal of Public Law 75 (2020);
– The Effects of Different Kinds of Contract Breach on Remedies with Emphasis on International Instruments, 7 Journal of Private Law Research 213 (2019);
– Deterrence as Consideration of Ethical Principles of Punitive Damages, 9 Bioethics Journal 355 (2019);
– The Nature of Withdrawal Right in Electronic Contracts, 9 Journal of Studies in Islamic Law and Jurisprudence Studies 33 (2018);
– The Status of Owner’s Legal Actions in the Time of Instability in Ownership in Iranian Law and Islamic Jurisprudence, 16 Judgment Quarterly 1 (2017);
– Obligations Arising from Treatment Contract with Emphasis on Draft Common Frame of Reference (DCFR), 10 Journal of Medical Law 41 (2016);
– Physical Conformity of The Goods with the Contract in the CISG and Iranian Law, 31 International Law Review 41 (2015);
– The Impact of Human Rights on Contract Law in the Light of European Case Law, 15 the Quarterly Journal of Public Law 173 (2014);
– Examination of Goods and Its Non-Conformity Notice Under CISG and Iranian Law, 18 Comparative Law Researches 75 (2014);
– Sanctions Against Iran and Their Effects on Contractual Obligations: From the Perspective of International Instruments and Iranian Law, 1 Nordic Journal of Commercial Law 1 (2014);
– A Comparative Study of the Battle of the Forms and Its Effects in Contract Formation, 5 Comparative Law Review 431 (2014);
– The Rule of Mitigation: Conditions and Limitations, 1 Journal of Private Law Research 35 (2013);
– Observation of Good Faith Principle in Contract Negotiations: A Comparative Study with Emphasis on International Instruments, 3 Australian Journal of Business and Management Research 56 (2013);
– The Effects of Intentional Breach of Contract with Emphasis on International Instruments, 3 International Journal of Research in Social Sciences 119 (2013);
– A Comparative Study of Void and Fasid Contract, 8 East Azerbaijan Bar Association Law Review 37 (2013);
– Legal And Jurisprudential Basis of Early Performance of Contract: A Comparative Study Under International Instruments, 2 Journal of Civil Law Knowledge 63 (2013)
– Open Price in Pre-Sale Contracts: Legal and Fighi Obstacles and Appropriate Solutions, 3 the Journal of Figh and Islamic Law 83 (2012);
– The Duty of Obligee to Cooperate in Contract Performance, 8 Private Law Studies Quarterly 109 (2012);
– Legal Aspects for Iran to Ratify the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, 18 the International Journal of Humanities 1 (2011)
– The Basis of Mitigation of Damages Principle: A Comparative Study, 1 The Journal of Figh and Islamic Law 131 (2011);
– Compensation of Moral Damages Caused by the Breach of Contract, 54 Legal Research Quarterly 367 (2011);
– The Client’s Duty to Cooperate with the Attorney, 19 East Azerbaijan Bar Association Law Review 55 (2010);
– Time of Contract Performance by Inheritors, 12 Law and Politic Research Journal 227 (2010);
– Police Civil Liability in Violating the Duty of Care, 11 Disciplinary Knowledge Quarterly 238 (2009);
– the Nature of Blood Money and Critical Study of Amendment as to the Recoverability of Damages Beyond the Blood Money, 5 & 6 East Azerbaijan Bar Association Law Review 29 (2007);
– Termination of Contract by Inheritors, 1 East Azerbaijan Bar Association Law Review 44 (2004);
– Shares and Involved Rights in Joint Companies, 4 Law and Politic Research Journal 21 (2003);
– Barriers of Landlord and Tenant Relationship Act of 1977 in the Restoration of Old Texture of Cities, 8 Journal of the Faculty of Humanities and Social Sciences 45 (2002);
– Legal and Islamic Foundations of Car Pre-Sale Contracts, 5 Journal of The Faculty of Humanities and Social Sciences 89 (1997);
– A Comparative Study of Deposit Payment in Contracts, 2 Journal of the Faculty of Humanities and Social Sciences 65 (1996).
Books Contribution:
– Damages Arising from Substitute Contract and Similar Concepts: A Comparative Study Under International Instruments and Iranian Law, In: Access to Justice (Selected Articles), In Memory of Professor Dr. Nasser Katouzian (2014);
– Unification of Business Law and Its Effect on International Trade Development, In: Selected Articles: The First National Conference on International Trade Challenges in Iranian Legal System, Tabriz Chamber of Commerce (2013);
– Assignment of Contract by Virtue of Transfer of Property: A Comparative Study, In: In Appreciation of Professor Dr. Almasi (Selected Articles ((2012);
– A Comparative Study of Modification of Penalty Clause, In: Comparative Civil Law (Essays in Honor of Professor S.H. Safayi) (2007);
– Effects of Company Registration and Its Sanctions, In: Law Essays, Vol. 5 (2006);
– The Theory of Subrogation of Shafie, In: Law Essays, Vol. 2 (2003);
– Comparison of Principle of Freedom of Contracts with The Principle of Al- Ugud Tabeat Al- Gusud, In: Law Essays, Vol. 1 (2000).
Translations:
– Techniques for Teaching Law (Book), Translation [to Persian] From Gerald F. Hess and Steven Friedland (2021);
– International Contracts Between Common Law and Civil Law: Is Non-State Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith (Article), Translation [to Persian] From Giuditta Cordero Moss, 29 International Law Review (2011).
Research Projects:
– Interpretation of Arbitration Agreement: Domestic and International Perspectives, University of Tabriz (Forthcoming);
– Truncated Arbitral Tribunals: Domestic and International Perspectives, University of Tabriz (2018);
– Confidentiality and Transparency in Domestic and International Contracts: A Comparative Study, University of Tabriz (2017);
– Legalization Methods for Properties’ Pre-sale, University of Tabriz (2009);
– A Comparative Study of Duty to Mitigate Damages in Iranian Law and International Instruments, University of Tabriz (2007).
Honors and Awards – Award for Iranian Best legal Book: “Law of Obligations: A Comparative Study of CATALA Project (Reforming the French Law of Obligation) with International Instruments and Iranian Law”, Ministry of Culture and Islamic Guidance, Iranian National Book Award (2015);
– Distinguished Researcher of the Year Award, International Aras Campus, University of Tabriz (2014);
– Distinguished Researcher of the Year Award, Faculty of Law and Social science, University of Tabriz (2013).
Languages Persian, English, Arabic, Turkish, Azerbaijani