جستجوی مقالات مرتبط با کلیدواژه « اصل تخصص » در نشریات گروه « فقه و حقوق »

One of the issues that have caused debates in various legal systems is the effect of transcending the scope of activities of business companies by their directors. British law in this area has undergone a marked transformation. In the past, legal acts outside the scope of the activities of the company under "Ultra vires Rule" were considered void. However, today, the rule is more flexible in practice and if the legal actions of the company’s directors with contracting third parties are beyond the scope of the activities of the company, such legal acts will be binding on the company. In Iranian law, many lawyers, by accepting and applying the "Principle of Expertise", believe that the scope of the activities of the company should be considered a form of limitation of the jurisdiction of such legal persons, and, as a result, legal actions beyond the limits of the said should be considered absolutely void and irrevocable. Considering the rules of the British legal system, as well as the Iranian trade law and its amending law, indicates the necessity of legislative reform in Iran.

The principle of specialty of international organizations requires that rights and obligations of each organization is a function of the scope of the powers entrusted to it by the members. This principle can play an effective role in the legal regime of this kind of subjects of international Law, including international responsibility. The draft articles on the responsibility of international organizations adopted by international law commission in 2011 has taken into account this principle in the certain manner so that it implies a median approach. The commission while accepting the importance of this principle in the law of international organizations, refused to accept it as a basis for the provisions relating to the responsibility of international organizations, but in other ways mainly by relying on the rule of Lex specialis has tried to make it operational. This rule, that involves the superiority of specific law to general law, has been declared in article 64 of draft articles on the responsibility of international organizations and considered as a field for observance of specific legal conditions of international organizations in dealing with the general rules of international responsibility. This article, with the aim of explaining of the position of specialty of international organizations in regulations of their international responsibility, has examined the specific approach of the international law commission on this issue.