A comparative look at the principles governing the wearing of the veil in the German and Iran laws

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Mazaheri Kuhanestani Rasoul; Heydarian Dolatabadi Mohammad Javad

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Journal Paper

Paper Information

Journal: COMMERCIAL SURVEYS Year:2020 | Volume:18 | Issue:100 Page(s): 91-104

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Information Journal Paper

Title

A comparative look at the principles governing the wearing of the veil in the German and Iran laws

Author(s)

Mazaheri Kuhanestani Rasoul | Heydarian Dolatabadi Mohammad Javad | Issue Writer Certificate

Keywords

Piercing the corporate veilQ1

limited liability ruleQ1

abuse of rightQ1

instrumental use of companyQ1

corporate groupeQ1

Abstract

the legal solutions for confronting abuse of limited liability rule in companies, in Germany law with emphasizing on two fundamental subjects that are inadequate capital of the company and supervision and control in corporate groups is investigated. The result reveals that in Iran law the urgent confrontation with paper companies phenomenon, instrumental use of company and abuse of limited liability referring to jurisprudence and legal basics is a necessity, but in short time it only demands intervention of the legislator; and the case law at least in some problems such as increasing the amount of minimum legal fund for forming and managing company cannot play a role; however, in confrontation with such companies it can reject acquiring actual will behind forming company with at least present legal fund and know such company as factitious and instrumental in control of shareholder to benefit from limited liability. Because the nature of forming company with disproportionate fund regarding to the company’ s aims and subject provides vivid statistic of shareholders’ intentions to abuse and make themselves as one of the parties in the company’ s transactions. Using the documentary and analytic methad, and Comparative Study between Germany and Iran.

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APA: Copy

Mazaheri Kuhanestani, Rasoul, & Heydarian Dolatabadi, Mohammad Javad. (2020). A comparative look at the principles governing the wearing of the veil in the German and Iran laws. COMMERCIAL SURVEYS, 18(100 ), 91-104. SID. https://sid.ir/paper/405104/en

Vancouver: Copy

Mazaheri Kuhanestani Rasoul, Heydarian Dolatabadi Mohammad Javad. A comparative look at the principles governing the wearing of the veil in the German and Iran laws. COMMERCIAL SURVEYS[Internet]. 2020;18(100 ):91-104. Available from: https://sid.ir/paper/405104/en

IEEE: Copy

Rasoul Mazaheri Kuhanestani, and Mohammad Javad Heydarian Dolatabadi, “A comparative look at the principles governing the wearing of the veil in the German and Iran laws,” COMMERCIAL SURVEYS, vol. 18, no. 100 , pp. 91–104, 2020, [Online]. Available: https://sid.ir/paper/405104/en

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