Business Law
abas niazi; saeed johar
Abstract
Capacity is the competence of individual statuses as natural persons and also juridical persons who are entitled to exercise rights and obligations. The concept of capacity has been accepted by most of the legal systems. Based on their capacity, individuals are aware of their potential rights and obligations.The ...
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Capacity is the competence of individual statuses as natural persons and also juridical persons who are entitled to exercise rights and obligations. The concept of capacity has been accepted by most of the legal systems. Based on their capacity, individuals are aware of their potential rights and obligations.The purpose of such regulations is to regulate the trading system in the general sense from birth (or formation) to the time of death (or dissolution). In this research, a comparative study between Iranian and French laws has been carried out by library and descriptive-analytical methods.First, the concepts and principles related to the capacity of natural persons are mentioned. Then, this subject is examined in the field of commercial law.The main question in this research is whether the rules related to the capacity of individuals in the field of business are similar to those of civil law or each field is governed by a distinct system. The other question in this research is whether the incapacitated persons have the opportunity to do business or not. Besides, whether or not the natural and legal guardians are capable to conduct businesses as the legal representatives of the mentioned individuals. This research is based on the assumption that the regulations of civil and commercial capacity are similar to each other. However, there are some dissimilarities which need to be assessed.Despite advocates beliefs, critics assume that, even in the case of permission of guardians, incapacitated adults are not able to carry out business activities. Meanwhile, the legal or natural guardians are not capable to conduct businesses as the legal representatives in this case.
Abas Niazi; Ayam Kamarkhani; Mohsen Jalilian
Abstract
“International Competition law” or “International aspects of domestic competition law” are titles by which we apply competition regulation over international trade-economic activities of undertaking. We can use “international competition law” when we do not confront ...
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“International Competition law” or “International aspects of domestic competition law” are titles by which we apply competition regulation over international trade-economic activities of undertaking. We can use “international competition law” when we do not confront with the absence of multilateral treaty or customary international rules, but use of “International aspects of domestic competition law” results in denying “International Competition law”; because it approves domestic law as the appropriate system to apply over anticompetitive activities. We argue that there are two significant differences between “domestic competition law” and “international competition law”. First; international competition law does not have specific rules in the kind of multilateral treaty and customary rules. Second; international competition law does not have specific institution to enforce its rules. These differences will cause in prosecuting of anticompetitive activities of undertaking in the jurisprudence of domestic courts, even if these activities have international dimensions. So we try to prove the above claims by recognizing the objectives and challenges and solutions of international competition law.