Third-party Ownership in Football

"Third Party Ownership" is one of the restraint of Trade Law in Sport, whereby a third party acquires all or part of the player's economic rights for financing the player or injecting cash into the club. Contrary to  the common perception in the field, this mechanism does not grant the decision-making power of the contract to a third party, and therefore, this will not lead to a type of slavery or curtail a player’s freedom. As the result, it will not result in the third party’s interference in implementation of the contract which is in breach of Article 960 of the Civil Code and Article 18 of the FIFA Regulations on the Status and Transfer of Players. In practice, various countries adopted different approached to the validity of this mechanism. The present study shows that by relying on economic efficiency and justice this mechanism merely entitles a third party to the player’s incomes in his future transfers without any unfair wealth transfer to third parties. FIFA regulations do not prohibit any investment by a third party, but they have banned him from influencing over club’s decisions. The mechanism could be introduced as a business model for football

Tracking of chloramphenicol, erythromycin, and sulfamethoxazole antibiotic-resistant bacteria from untreated wastewater effluents to receiving river

Background: The aim of this study was to investigate the frequency and type of bacteria resistant to chloramphenicol (CHL), erythromycin (E), and sulfamethoxazole (SXT) antibiotics from untreated wastewater effluents to receiving river. Methods: In total, 32 samples were taken from eight sites located in the raw wastewater to the downstream of the receiving Ghotor river in Khoy city. Resistant microorganisms were studied through modified HPC method and CLSI standards. Different and specific colonies were selected and re-cultured in R2A culture medium and enough colonies were used for DNA extraction. Bacterial 16sr RNA target gene was amplified and sequenced. Pseudomonas sp., Comamonas sp., and Thiobacillus sp. were predominant bacterial species identified in water samples. Also, antibiotic-resistant genes (ARGs) including sul1, ermB, and cmlA1 were tracked by PCR. Results: The average total number of antibiotic-resistant bacteria (ARB) increased in the downstream (2.4×102 to 2.6×104 CFU/100 mL). The comparison of the results related to the river’s upstream and downstream also indicated a significant difference between ARB and ARGs contents (P<0.05). The average number of bacteria resistant to SXT, E, and CHL antibiotics was obtained to be 2.3×104, 2.3×104, and 3.4×104 CFU/mL, respectively. Finally, the evaluation of water revealed that only the aeration lagoon was able to decline the number of CHL-resistant bacteria (88.9%) while this process increased the number of SXT- (51%) and E- (16%) resistant bacteria. The lowest and highest percentages of the identified genes were related to ermB (12.5%) and sul1 (81.25%), respectively. Conclusion: According to the results, wastewaters play an important role in releasing ARB and their antibiotic resistance genes to downstream of Ghotor rivers in Khoy city. Keywords: Heterotrophic bacteria, Sulfamethoxazole, Chloramphenicol, Erythromycin, Polymerase chain reaction, Wastewater, River

Arbitration Agreement in Insurance Law: The Case of Iran

After a brief review of insurance and arbitration in the Sharia and in Iranian laws, inspired in principle by western laws, the article examines the types of the arbitration clause in insurance contracts, the problem of validity of arbitration clause and the its effects between the parties and as regards the third parties, with some comparative views. Although Iranian laws have recognized arbitration clauses in insurance policies and Iranian courts usually uphold such clauses, the article makes a distinction between predispute and post-dispute arbitration clauses. As insurance disputes most often relate to the interests of third parties (third party beneficiary, third party victim, third party insured,…) and as Iranian courts are very reluctant to extent the effect of arbitration clause to third parties or to consider it as assigned to subrogees and transferees, a bilateral arbitration clause in an insurance policy, which in many cases drafted in an ambiguous way and imposed to policyholder by unilateral will of the insurer inserted in general conditions, usually circulates a claim between courts and arbitral tribunals and risks to negatively affects the resolution of disputes. On the contrary, a post-dispute multilateral arbitration agreement, protects well enough the interests of the contracting parties (policyholder and insurer) and non-contracting parties and must be encouraged.Après un bref examen de l’assurance et de l’arbitrage dans la Shari’a et dans les lois iraniennes, inspiré en principe par les lois occidentales, l’article examine les types de clauses compromissoires dans les contrats d’assurance, le problème de leur validité et ses effets à l’égard des tiers, avec quelques points de vue comparatifs. Bien que les lois iraniennes reconnaissent la validité des clauses compromissoires dans les polices d’assurance et que les tribunaux iraniens soutiennent généralement de telles clauses, l’article établit une distinction entre les clauses d’arbitrage conclues avant et après le conflit. Les litiges d’assurance concernent le plus souvent les intérêts des tiers (tiers bénéficiaire, tiers victime, tiers assuré, ...) et les tribunaux iraniens sont très réticents à étendre l’effet d’une clause d’arbitrage à des tiers ou à la considérer comme transférée aux subrogés et aux cessionnaires. Par conséquent, une clause d’arbitrage bilatérale dans une police d’assurance, qui est le plus souvent rédigée de manière ambiguë et est imposée au souscripteur d’assurance par la volonté unilatérale de l’assureur, insérée dans les conditions générales, fait circuler généralement une différence entre les tribunaux judiciaires et les tribunaux arbitraux et risque d’affecter négativement la résolution des conflits. Au contraire, un compromis multilatéral protège suffisamment les intérêts des parties contractantes (souscripteur d’assurance et assureur) et des parties non contractantes et doit être encouragé.Mohebbi Mohsen, Izanloo Mohsen. Arbitration Agreement in Insurance Law: The Case of Iran. In: Revue internationale de droit comparé. Vol. 70 N°3,2018. pp. 655-686

Pathological evaluation of ganglion cells in biopsies from upper side of the dentate line in patients with perianal problems

Introduction: Constipation is one of the most common complaints of individuals, which may present with complication like hemorrhoid and fissure. Hirschsprung is a disease presenting with chronic constipation and its diagnosis may be delayed until adulthood. It is diagnosed by biopsies from anorectal transitional zone. This study aimed to evaluate the association between Hirschsprung and anorectal problems. Method: Sixty three patients with anorectal problems who underwent surgery enrolled in this study. Some consecutive biopsies were obtained from anal canal at 2, 4 and 6 cm above the dentate line. Biopsies were assessed for ganglion cells changes. Patients' data and biopsies results were analyzed with SPSS version18. Results: Out of 63 patients 29 (46 %) patients were female and 34 (54 %) were male with the mean of 32.65 ± 13.73 years. Fifty six (73 %) patients complained from constipation with the mean time of 57.65 ± 45.21 months. Aganglionic zone were reported in six patients with the mean length of 43.33 mm. There was not any relation between anal ganglion cells pathology and constipation (p=0.363), but there was a significant relation between duration of constipation and pathologic changes (p=0.001). The ratio of constipation duration to age was related to anal ganglion cell pathology (p=0.001). Hemorrhoid degree was also affected anal ganglion cells pathology (p=0.037). Conclusion: The relation between Hirschsprung's disease and anorectal problems in adults were significant. The pathologic findings were more presented in younger patients, and those with longer history of constipation and lower degree hemorrhoids. Key words: Anal ganglion cells, Hemorrhoids, Constipatio