The Legal Nature of Merger of Companies; A Comparative Study in Imamiyah Jurisprudence, Iranian and Egyptian Law

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Razavi Seyyed Ali; Razavi Seyyed Muhammad; Pasban Muhammad Reza

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2019 | Volume:- | Issue:19 Page(s): 3-32

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Title

The Legal Nature of Merger of Companies; A Comparative Study in Imamiyah Jurisprudence, Iranian and Egyptian Law

Author(s)

Razavi Seyyed Ali | Razavi Seyyed Muhammad | Pasban Muhammad Reza | Issue Writer Certificate

Keywords

Merger of companiesQ1

Specific contractsQ1

Private contractsQ1

Mergers legal natureQ1

Abstract

merger is a process lead to dissolution of company without liquidation by combination of a company with an existing company or creating a new company by combination of two or more companies. merger is a new phenomenon in Iranian law, which leads to Accumulate of capitals, increase in the economic power and productivity of commercial companies. there are different perspectives, about the legal nature of the merger agreement, although, from some point of view, the merger is a simple and non-binding plan, From the perspective of most of trade lawyers, merger has a contractual nature. However, there is no single approach to the nature of the merger contract. Some have considered it a preliminary contract, and others described it as a suspended contract. Despite attempts to adapt the merger to a specific contract, there is some uncertainty about the type of contract that the merger corresponds to and it described as a sale, hawala, Complex contract of sale and novation and Private contracts under Article 10 of the Civil Code. In the this descriptive-analytical article, while reviewing these views, we concluded, based on legal and juridical principles, that although the Merger of companies has a contractual nature, but none of the Specific contracts are applicable with it, and it is a private contract under article 10 of the Civil Code And since the extension of its effects to third parties is also by law, there is no conflicts with the privity of contract principle.

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APA: Copy

Razavi, Seyyed Ali, Razavi, Seyyed Muhammad, & Pasban, Muhammad Reza. (2019). The Legal Nature of Merger of Companies; A Comparative Study in Imamiyah Jurisprudence, Iranian and Egyptian Law. CIVIL JURISPRUDENCE DOCTRINES, -(19 ), 3-32. SID. https://sid.ir/paper/227221/en

Vancouver: Copy

Razavi Seyyed Ali, Razavi Seyyed Muhammad, Pasban Muhammad Reza. The Legal Nature of Merger of Companies; A Comparative Study in Imamiyah Jurisprudence, Iranian and Egyptian Law. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2019;-(19 ):3-32. Available from: https://sid.ir/paper/227221/en

IEEE: Copy

Seyyed Ali Razavi, Seyyed Muhammad Razavi, and Muhammad Reza Pasban, “The Legal Nature of Merger of Companies; A Comparative Study in Imamiyah Jurisprudence, Iranian and Egyptian Law,” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 19 , pp. 3–32, 2019, [Online]. Available: https://sid.ir/paper/227221/en

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