A Comparative Study of the Legal Effects of Forming an Economic Group in the Form of a Civil Company in Iranian and French Law

Global development is the result of rapid, dramatic and unprecedented advances in science and technology and especially international communications. Undoubtedly the implementation of important development, industrial and economic projects requires the cooperation and interaction of various people and specialties and also investment security. The most important form of providing security for a country's foreign investment is achieved through national legislation. The Iranian legislature, following the developed countries, first in the article 107 of the Fifth Development Plan Act and subsequently in the article 24 of the Permanent Provisions of the Country’s Development Plans Act, has introduced the legal framework of the "Economic group with common interests" in one article and its following notes, to the legal and economic community of the country, stipulating the formation of these groups in the form of "Civil Partnership" and has explained the limits of the obligations and powers of the group’s members. However, in this law, cases have been raised by the legislator that are basically inconsistent with the rules of civil partnership and although this law is practically an adaptation of the law of France, the ratified text is fundamentally different from the French regulations. On the one hand, the legislative stipulation on the formation of a group in the form of a civil company implies the provisions of the civil law under the title of partnership contract which exclusively deals with the management of common property, but such rules are basically not enough to form and run a group. On the other hand, some of these regulations are not commensurate with the goals and functions of the group. In addition, the guarantee of non-compliance with the conditions set forth in this article is generally unexplained and it is not clear what responsibilities will be assigned to the members and managers of the group. It also emphasizes the joint and several liability of the members for the debts of the group