جستجوی مقالات مرتبط با کلیدواژه "فعالیت اقتصادی" در نشریات گروه "فقه و حقوق"

The subject of commercial law is merchants and commercial activities. These two interpretations are the two main approaches to commercial law and originated from Napoleon's commercial code approved in 1807 in France and led to the creation of two main theories in explaining the nature and definition of commercial law. These two theories include subject theory and personal theory. If we consider business rights as the rights governing businessmen, we have followed the personal theory, and if we define business rights based on commercial actions and activities, we have followed the subject theory. By implementing these two criteria, the realm of commercial law is limited to traditional and pre-designed legal forms. This situation in Roman-Germanic law is defined in a way that merchants and commercial activities are defined based on a limited list compiled by the legislator. But the new theories have gone in the direction of widening the scope of commercial law; In such a way that any activity that pursues a specific economic goal in a specific market is considered commercial. In this article, after getting to know the traditional theories in Iran and France trade laws and briefly examining the problems of their implementation, a new point of view based on economic activities is presented.

Various economic systems caused different social reaction toward the actions which disturb policy and economic activities - according to the different times and places. The multiplicity of economic and social interactions, makes it difficult to define the economic crime. On the other side, it causes providing the definition, restricting the true sense of the word and consequently limiting the legislature's reaction and difficulty in achieving prevention goals. Therefore, explaining the criteria can be useful instead of defining. This essay seeks to view the criminological and economic criteria; according to the former, the motivation and the atmosphere in which crime was committed of economic might assist to recognize the economic crime. And according to the latter, disruption of macroeconomic policies (monetary, fiscal and income) and operating companies and businesses, the production, distribution and consumption will show the another side of economic crime’s face. Thus, it is possible to take a step toward the identifying the economic crime, under the light economic criteria and considering the criminological criteria.