Business Law
Mohammad Rostami; Bahram Taghipoor
Abstract
Commercial companies as legal entities consist of various departments. As in some cases the interests of members or directors of a company’s departments may develop into a conflict, disputation are duly expected. Accordingly, the attempt to propose a practical solution to solve such cases has been ...
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Commercial companies as legal entities consist of various departments. As in some cases the interests of members or directors of a company’s departments may develop into a conflict, disputation are duly expected. Accordingly, the attempt to propose a practical solution to solve such cases has been a significant concern in company Law. Among the existing solutions, arbitration has always been a well-received one because of its advantages. Nevertheless, considering the unique characteristics of companies and the multiplicity of departments, the practice of this solution has faced several challenges and ambiguities particularly as far as the concept and criteria of internal disputes and arbitrability are concerned. Bearing these points in mind, this study examines the arbitration in intra-corporate disputes in the legal systems of Iran and the England. Concepts like intra-corporate dispute, scope of arbitration, and barriers to arbitration are delineated in the first step. The findings of this study suggest that within the Iranian legel system arbitration of intra-corporate disputes is subject to the general rules of corporate law and arbitration law due to lack of specific laws while in the England the jurisprudence, in some cases, examines both the status of arbitration in a company’s internal disputes and the identified obstacles. Also, it gives the concerned parties considerable amount of authority to take advantage of arbitration. Moreover, it takes structural barriers, public policy, restrictions on the type of compensation, and conflict with the rights of third parties as the most significant obstacles to the practice of arbitration in these cases.
Business Law
Mohammad-Ali Bahmaei; Mohammad-Reza Narimani Zamanabadi
Abstract
Shareholders’ claims for reflective loss, also called indirect claims, are a certain type of shareholder lawsuit in corporate law. Reflective losses are those damages incurred by shareholders of a company in the form of devaluation of their shares resulting from losses sustained by the corporate ...
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Shareholders’ claims for reflective loss, also called indirect claims, are a certain type of shareholder lawsuit in corporate law. Reflective losses are those damages incurred by shareholders of a company in the form of devaluation of their shares resulting from losses sustained by the corporate entity. Whether a shareholder is allowed to seek compensation for such devaluation by bringing direct action against the wrongdoer is the main question this paper addresses. The article attempts to answer the question in light of corporate law and civil liability principles. In doing so, reflective loss claims are analyzed after a brief review of other types of shareholders’ claims and by reference to common law and civil law jurisprudence. The article also examines the feasibility of such claims under Iranian law. The article also reviews the UK Supreme Court’s decision in Sevilleja dated 15 July 2020 as the latest judicial development concerning reflective loss. The article concludes that these damages are barred under major legal systems and also under Iranian law.
Medical Law
Seyed Abbas Seyedi Arani
Abstract
Compatibility the rules governing a joint stock company and a medical company is not easy; can’t be accepted all the rules of a closely held corporation as the best tool of modern capitalism to performance medical profession. There is concerns about for the compliance of the rules of such a company ...
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Compatibility the rules governing a joint stock company and a medical company is not easy; can’t be accepted all the rules of a closely held corporation as the best tool of modern capitalism to performance medical profession. There is concerns about for the compliance of the rules of such a company in all stages of the company's existence, which is the formation, life and end and in relation to all the characteristics of medicine, including non-commercialism, independence and special scientific competence and the result that's mean, the patient's conscious trust. Nevertheless, fortunately optimal compatibility is possible in the light of proper benefit of rules of companies of persons and results of comparative law. Patient trust is gift of physician's duty to perform exclusively and effectively in the company and unlimited liability of partner and company. Physician independence is enhanced by apply restrictions in attracting a partner, acceptance of the rule "Each partner, one vote" and the right to withdraw the partner. Manage all partners, prohibit the manager from interfering in the profession and strengthen the majorities improves the situation. Equality of different bringers it leads to the denial of business in medicine: an approach that is reinforced by the limitation of attracting external capital an approach that is reinforced by the limitation of attracting external capital. In terms of vital services, the subject of the company's activity which is achieved thanks to the special scientific competence of physicians requires that causes of invalidity and dissolution are reduced and remove the regressive effect. However, medical the possibility of life in "Small shell of a special joint stock company" Finds and it benefits from its advantages, especially the Independent legal personality.
Private Law
Mohsen Sadeghi; mostafa kooshki
Abstract
Most legal systems to protect the property of a bankrupt merchant and creditors provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of the bankruptcy procedure. Analysis of the legal and economic logic governing the invalidity of such transactions shows ...
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Most legal systems to protect the property of a bankrupt merchant and creditors provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of the bankruptcy procedure. Analysis of the legal and economic logic governing the invalidity of such transactions shows that in the Iranian legal system there are shortcomings such as no time limit regarding the length of twilight periods, the scope of avoidable transactions, the provision of remedies and the necessary conditions for the avoidance of perfectly valid transactions. Regarding the above shortcomings, it was suggested that a specific length of twilight periods (6 months to 2 years, as the case may be) be provided in the law And the criterion for insolvency should be permanent and incurable cessation, not the oldest cessation. from the date of cessation of the company The principle is the correctness of transactions and the invalidity is considered an exceptional matter, Use the Unenforceability (Inopposabilité) guarantee instead of the nullity guarantee And the effect of some requirements such as good / bad faith of persons in the invalidity of transactions due to its negative economic effects should be limited to specific cases.
