A STUDY OF NULLITY OF COMPANIES IN IRANIAN COMMERCIAL LAW

Ali Sharifpour, Behrooz Majdzadeh Khandani

Abstract


Nullity is a legal situation that is occurred because of disregarding of legal terms of credibility and legitimacy of legal acts, and it has retrogressive effect which is referable against all parties even good faith parties. Doing this rule, in commercial bargains, is a strict unjust issue. Because of the importance of commercial contracts, and necessity of protect third parties, legislators decrease the vulnerabilities and the scope of nullity in these contracts, and encourage parties to make contracts in which no hearing of nullity is claimable.  Although in some cases the silence of legislator could cause to enforce general rules, nullity of commercial firms, especially financial corporations, as they are dealing with third parties, is important.  Nullity, in Iran legal system, has two types: Absolute and relative, which their defining and interpreting would gain this general result that in Iran commercial Code regarding the rules of relative void provided obligatory.

Keywords


Nullity, Absolute void, Relative void, Commercial firms, financial corporations.

Full Text:

PDF

References


Skini, Rabya, Business law: (draft, promissory note, warehouse receipt, documents on the side of the carrier and check), a 10th printing,. 1385.

Skini Rabya, Business law, commercial enterprises, (C) 1 6 th printing, 1382.

- Skini, Rabya, Business law: commercial enterprises, C 2, Eighth printing, side. 1385.

- Skini, Rabya, Business law, commercial transactions, merchants, generalities and organizing business, seventh printing, 1384.

- Azami Zangh, Abdol-Majid, trading rights, fourth printing. 1346

- Pashazadh, Hossein, Iran towards third parties, First edition, Science Research Institute-human, University of Tabriz. 1385.

- Constable, Mohammad Reza, commercial companies law, the publishing side, 1389.

- Parsley Langroodi, MJ, terminology rights, fourteenth printing, library knowledge treasure. 1383.

- Khazaei, Hussain, business law: commercial documents, (c) 3, Institute for publication of the law. 1385

Damir Chili - Hatami -Legal order in trade law, Qaraei-torbati current, fourth printing, Covenant of Justice. 1384

- Sotoudeh Tehrani, h., Business law, vol. 1, 10 th printing, publication Dadgster. 1384

- Sotoudeh Tehrani, h., Business law, vol 2, Fifth printing, publication Dadgster. 1382

- Sotoudeh Tehrani, h., Business law, vol. 3, 12 th printing of publication Dadgster. 1387

- Sotoudeh Tehrani, h., Business law, c 4, Fifth printing, 1383 Dadgster.

- Shahidi, m., Contractual principles and obligations, c 2, Fourth printing, Majd. 1385

- Sqry, M., Trading rights, documents, second printing, 1387 release. Joint- stock company

- Sqry, M., Commercial rights, corporate, first edition, publication of joint-stock company. 1390

Sqry, M., Commercial law, Bankruptcy, Second Edition, joint-stock company 1388 release.

Sqry, M., Commercial law, Bankruptcy (Theoretical and practical), first edition, publication of joint-stock company. 1376

- ADL, m., Civil rights, fourteenth printing, commercial National Bank of Iran, 1379.

- " Katuzian, n., Civil rights Foundation, legal acts, Contract- Rhythmic, 12 th printing, joint-stock company 1382 release.

- " Katuzian, n., Civil rights, certain contracts, contracts collateral Azny -Dean, (C) 4, Fourth printing, 1382 release joint stock company

- " Katuzian, n., In the current civil law legal order, the 12th Edition, published October. 1384

- General rules of contracts, " Katuzian, n., C. 2, 6 th printing, 1383 release. Joint- stock company


Refbacks

  • There are currently no refbacks.




Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Copyright © 2017 INTERNATIONAL EDUCATION AND RESEARCH JOURNAL