The effects of the decisions of the managers of commercial companies in relation to the rights of third parties in the legal system of Iran, England and Islamic jurisprudence

Document Type : Original Article

Authors

• Gholamreza Safara ¹
• Siavash Shojapourian ²
• Shapour Farhangpour ²

¹ PhD student, Department of Private Law, Khuzestan Science and Research Branch, Islamic Azad University, Ahvaz, Iran. PhD student, Department of Private Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.

² Assistant Professor, Department of Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.

Abstract

The purpose of the present research was to investigate the effects of the decisions of the managers of commercial companies in relation to the rights of third parties in the legal systems of Iran, England and Islamic jurisprudence. Today, with the expansion of trade and industry, a great transformation has occurred in people's lives, and companies play the main role in this transformation. Since the companies have a credit aspect and not a real one, all the actions and fulfillment of the obligations of the companies are done through its executive branch, i.e. the managers of the company. Clarifying the legal position of managers in the company is very important for determining the limits of the powers of managers of commercial companies. In addition to the theoretical aspect, from a practical point of view, this leaves extensive effects not only on the company and shareholders, but also on the third parties dealing with the company. The legal position of managers in a joint-stock company has always been disputed by lawyers. The business requirements and the needs of the society led the English legislator to grant wide powers to the managers against third parties and to consider the company manager as the pillar of the company, in such a way that the company manager's actions are considered the actions of the mastermind of the company. Based on this, if a manager signs a document in the name and account of the company, the company is in any case responsible for its

Keywords

• Managers of commercial companies
• decisions
• rights of third parties
• legal system of Iran and England
• Islamic jurisprudence

Main Subjects

• Islamic law

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