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

Subject: Dispute and indivisible verdict with an overview on Judicial precedent Abstract: In the Iranian legal system, like any other legal system, a dispute has many varied divisions. Division of disputes could include financial and non-financial, in personam (Personal action) and in rem, ancillary and the main, intial and appeal and movable and immovable property disputes.Among other divisions, disputes are divided into divisible dispute and indivisible dispute, which in some cases overshadows other divisions as well. In Iranian Law, similar to French law, extension of dispute’s effect to a third party in an indivisible dispute is considered, but unlike the French law, the extension takes place upon issuance of the verdict, while in French law, extension’s effect would appear upon filing the claim and each of these two requires separate requirements. In other words, in Iranian law, there is a theory and hypothesis concerning extension of the effects upon issuance of the verdict to the persons against whom an indivisible claim has been filed. This is an issue that in French law raises the need for the presence of stakeholders in the proceedings. This research which has been conducted in the form of library and field (Review of some court verdicts) study, seeks to introduce such disputes with the aim of providing a practical and/or legislative solution to eliminate the resulted obstacles and problems together with the various interpretations that lead to adoption of various procedures.Keywords: Dispute, Verdict, Division, Extension, Profit

The criminal liability of a trading company has its ups and downs from the time it is recognized as a legal entity until its death and final dissolution, which must be considered; The findings of this study show that criminal liability for participation is about to be established and will not be established in the Companies Registration Office before its registration. Also, the criminal liability of companies during their economic life will vary depending on whether they are involved in the process of merger, dissolution and transformation. Multilateral mergers and general disintegrations, depending on the case, are among the reasons for the termination of criminal liability. However, the transformation of one company into another, despite the transformation in the body, does not affect criminal liability. The revival of the company is also one of the causes of the decline of criminal responsibility. Criminal liability of legal persons is the intersection of the foundations of civil law, administrative law, criminal law and corporate law. In fact, the concept of criminal liability of a legal person is at the crossroads of legal sciences, and neglecting any of them can have harmful effects and mislead the judiciary through justice.

Equity firms have been emerging economically more than other firms in the legal and economic areas. Given the fact that the majority of the people in the society can be regarded as the members of these firms in various ways, they have enjoyed great satisfaction with the majority of the people. The present study aims to evaluate the minority shareholder's rights in the context of the decomposition of joint stock firms, as well as the related effects and judgments in the legal system of Iran and England. The study of the two legal systems indicates that, unlike English law, there is no specific provision regarding the decomposition of commercial enterprises, especially non-governmental organizations. In addition, based on English law, there are appropriate provisions for protecting minority shareholders, particularly in the case of corporate analysis. However, as far as Iran law is concerned, there are a few provisions in favor of a minority shareholder and the necessary support for a minority shareholder has been considered in the trade bill.
Therefore, comparing the laws and regulations of the two countries can lead to many challenges and ambiguities in mergers and divisions of joint stock companies