License and the entrustment of usufruct Sample Clauses

License and the entrustment of usufruct. According to Article 40 of the Civil Code, the Usufruct is the right whereby that person can use the other properties which have other owners to do not have any owner. Usufruct is one of the branches and levels of personal property that is awarded by a contract, so in usufruct right, there are always two owners: one the benefited that has the right to benefit from the objectives and the other is the owner that by the contract shares a large amount of the rights (Katouzian, 2002, pp. 207, 208). The source of usufruct contract, except in the case of endowment which is subject to certain conditions, has particular title in civil law and its accuracy is determined according to Article 10 of the Civil Code and the general rules of contract. (Ibid., P. 283). Since the license contract, "usufruct" and exploitation of intellectual property and industrial property is granted to license receptor, the essence and form of this contract is formed like that (Cornish 1989, p. 179). Some author of civil code do not accept the intellectual contracts like copyright and patents, to be usufruct contracts. According to them, "usufruct right is objective; it must be about physical objects. Usufruct of religion and moral rights must be examined in accordance with Article 10 of the Civil Code ... "(Katouzian, ibid., P. 283). It seems that the author is right, despite the similarities between these two institutions their distinction is so bold that they cannot be placed in a same category. By comparison, the "creator usufruct contract" in Iranian civil law "license agreement" can include: Transfer of usufruct in most cases is free and that is why the authors believe that it is an irreplaceable contract, mortmain contract is also free and is especially for the poor and charity, reciprocal conditions violate it. (Adl, 1994, p. 63). While the license agreement in principle is a reciprocal contract and can be of course free. (Staines ibid, p. 99). In the transfer of usufruct, the exclusive right to use the property is transferred to a person other than the owner. While this is true only in the exclusiveness of the license. In the non-exclusive license (or plain), the license holder may also benefit from the contract or give third parties such permission (Cornish, a priori, p. 183). The two sides’ agreement is not sufficient for the usufruct; the rights of subject property must also be given to capture and bill of benefit and if one of the parties die during the implementation of the c...
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