Legal and Jurisprudential Barriers to the Practical Acceptance of an Economic Group with Common Interests in the Iranian Legal and Economic System

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Hejazi Davood; Niknejad Javad; Taghipour Bahram

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Journal Paper

Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2022 | Volume:55 | Issue:2 Page(s): 306-289

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Information Journal Paper

Title

Legal and Jurisprudential Barriers to the Practical Acceptance of an Economic Group with Common Interests in the Iranian Legal and Economic System

Author(s)

Hejazi Davood | Niknejad Javad | Taghipour Bahram | Issue Writer Certificate

Keywords

civil company؛ economic group؛ joint surety (taḍāmun)

prohibition of harm to others

prohibition of monopoly

Partnership

participation

Abstract

Following advanced legal systems and with the aim of facilitating and expanding economic and trade Partnerships in the form of a legal article, the Iranian legislature has proposed the establishment of a new institution called the Economic Group with common interests, based on the members’ contract, despite the short volume of the approved agreement, and at the same time the legislative emphasis on forming a group in the form of a civil company, including the lack of independent legal personality of the group and the group’s ability to enjoy residence, property, citizenship, and other benefits. In a company contract, the civil company only regulates the management of the common property and has no regulations governing the coinage, administration, organization of activities, and dissolution of the civil company. Furthermore, the numerous examples of silence and conflict between the approved regulations and certain legal foundations have caused its inefficiency and, consequently, the lack of reception by traders in using this newly established legal format.

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