Principles and sources of shareholders' preemprive rights due to the capital increasing (with comparative study in Iranian, American law and Imamie Jurisprudence)

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SADEGHI HOSSEIN; ZAREE HAMIDEH; Naser Mahdi

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2020 | Volume:13 | Issue:25 Page(s): 181-207

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Information Journal Paper

Title

Principles and sources of shareholders' preemprive rights due to the capital increasing (with comparative study in Iranian, American law and Imamie Jurisprudence)

Author(s)

SADEGHI HOSSEIN | ZAREE HAMIDEH | Naser Mahdi | Issue Writer Certificate

Keywords

shareQ2

capital increasingQ1

joint-stock companyQ1

basis of preemptive rightsQ1

source of preemptive rightsQ1

legalQ1

juridical principles of preemptive rightsQ1

comparative study of preemptive rightsQ1

Abstract

The right of shareholders to raise equity capital is a right recognized in all legal systems. The main question of the present study is what are the foundations and sources of this right in the perspective of Iranian, American and Imamieh legal systems? The legal basis of this right to purchase and subscribe for new shares arising from the increase in capital in the US legal system is the prevention of the reduction of various shareholder rights, an issue that is also valid in Iranian law. In addition, jurisprudential rules such as the rule of loss and the rule of law can also be considered as the basis for the right of priority. In Iranian law, the law is the source of this right, but in American law the right is the product of a judicial procedure, law, and company statute that have two general approaches. Except as stipulated in the Statute of Priority, shareholders do not, except the Statute, deny this right unless the Statute has denied this right, while the legal provisions relating to the right of priority in Iranian law are applicable and the possibility of infringement Contrary to that, there is no company statute.

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APA: Copy

SADEGHI, HOSSEIN, ZAREE, HAMIDEH, & Naser, Mahdi. (2020). Principles and sources of shareholders' preemprive rights due to the capital increasing (with comparative study in Iranian, American law and Imamie Jurisprudence). JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 13(25 ), 181-207. SID. https://sid.ir/paper/412332/en

Vancouver: Copy

SADEGHI HOSSEIN, ZAREE HAMIDEH, Naser Mahdi. Principles and sources of shareholders' preemprive rights due to the capital increasing (with comparative study in Iranian, American law and Imamie Jurisprudence). JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2020;13(25 ):181-207. Available from: https://sid.ir/paper/412332/en

IEEE: Copy

HOSSEIN SADEGHI, HAMIDEH ZAREE, and Mahdi Naser, “Principles and sources of shareholders' preemprive rights due to the capital increasing (with comparative study in Iranian, American law and Imamie Jurisprudence),” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 13, no. 25 , pp. 181–207, 2020, [Online]. Available: https://sid.ir/paper/412332/en

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