"Wealth Maximization" Theory as the Pricnipal Base of Company Law and Scope of Judicial Officials Intervention for it`s Realization
MohammadReza
Pasban
Associate Professor at Law and Political Science Faculty of Allameh Tabatabai University
author
Siavash
Eskandarzad
PhD Student of Private Law at Allameh Tabatabai University
author
text
article
2016
per
In 1970s, a movement was shaped in the United States and later in the other parts of the world according to which board of directors of companies not only try to maximize the interests of shareholders, but also to take into account the interests of the others involving in the activities of the company (including manufacturers…). Soon, it was realized that such a stakeholder - oriented theory would not be practical and also enhances something known as "proxy costs". If we limit the activity of the board to increase the capital of shareholders, then this question needs to be raised whether, in the case of non-realization of this purpose by the board, the court may intervene and modify their decision for the interest of the shareholders. If the answer is yes, what is the scope of this intervention? The article also debate if this intervention is compatible with foundation and aims of the law of company.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
16
v.
87
no.
2016
1
25
https://www.ghazavat.org/article_162145_f2bdb5ddc73b2e417612a4e4d8eee2ee.pdf
Stakeholder Theory in Company Law
Mahmoud
Bagheri
Associate Professor at Law and Political Science Faculty of Tehran University
author
Mehrdad
Sadeghian Nodoushan
PhD Student of Private Law at Qom University
author
text
article
2016
per
The Iranian company law only recognizes shareholders but social nature and legal personality of company indicate the relation of this entity to third parties. These third parties have been called "stakeholders" in modern company law that are considered to affect or be affected by the company's actions. Shareholders, employees, customers and financiers are fixed groups of stakeholders in a company and inclusion of some groups also depends on the subject of company`s activity. Currently, there is a tendency to recognize broad scope of stakeholders; however, for legal regimes like Iran, this recognition may be limited. This recognition of stakeholders and its necessity is obvious but this is questionable whether a stakeholder in a company with private capital should be protected. Economic, moral and legal foundations constitute the the bases of the theory of stakeholders. Solving agency problem, avoiding conflicts of interest and maximizing economic value are the economic foundations. Legal and moral foundations argue that stakeholders have inherent value therefore their rights should be respected and ownership restrictions should be applied to owners and managers of a social entity namely company.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
16
v.
87
no.
2016
27
58
https://www.ghazavat.org/article_162151_00fa58d604c68715b66f6398623eb83d.pdf
Non-penalty Clause in a Contract
Mohsen
Izanlou
Assistant Professor at Law and Political Science Faculty of Tehran University
author
Hassan
Mokarrami
PhD Student of Private Law at Payam Noor University of Tehran
author
text
article
2016
per
In addition to option clause and penalty clause in a contract, some other conditions may be included in contracts that can be regarded as non-penalty clause. This clause, from one hand, is related to requirements regarding damages, such as penalty clause, limitation of liability and non-liability requirements and from the other hand to requirements regarding rescission. Under this clause, obligor may refuse to perform the obligation and rescind the contract. However, in exchange, as the case may be, he/she must pay damages to the other party. This clause is different from the penalty clause because it aims to establish the right to fail to perform and in fact the right to termination. Accordingly, non-penalty clause involves some option clause whose duration needs to be specified. This term may be expressed or implied. This article deals with different aspects of such clauses.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
16
v.
87
no.
2016
59
74
https://www.ghazavat.org/article_162149_3cf9c43aaee58ba16880bef948f39a97.pdf
Individualization of Criminal Process before Delivering of Judgment
MohammadAli
Mahdavi Sabet
Assistant Professor at Law and Political Science Faculty of Science and Research Branch of Islamic Azad University
author
Mohammad
Kiani
PhD Student of Criminal Law and Criminology at Science and Research Branch of Islamic Azad University
author
Zahra
Soleiman Abadi
M.A in Criminal Law and Criminology at Science and Research Branch of Islamic Azad University
author
text
article
2016
per
Extension of the scope of the principle of Individualization of decision to all criminal process, in particular the preliminary investigation stage is one of the most important achievements of modern criminology and one of the foundations of changing in the approach of legislator of the new criminal procedure code. One could even say that the adoption of appropriate tracking systems and differential systems of justice (for children, juveniles and militaries), if is based on the character accused, is embodiment of individualization of decision. The preliminary stage is of high importance because in this stage the judgment on the culpability of the accused is not being delivered. At this stage by using correct and appropriate criminal policies and effective criminal prosecution and trial by taking into account the character of the accused, the unfortunate consequences of the individual labeling and his involvement in the criminal arsenal may be avoided. Today, due to advances in criminology, especially the introduction of clinical criminology, the criminal process, reform and rehabilitation of offenders beyond the mere retribution has been subject to considerable attention (although it has been opposed by some lawyers due to ineffectiveness of clinical criminology). Even in some cases, it is in the interest of the community not to involve the individual in the criminal process. It is also better for the individual himself. Therefore, it is not good to regard criminal laws as rigid inflexible. It means that law enforcement officers need to apply the law and legal institutions for administration of justice. They should not adapt rules of law to offenders such as devices affixing numbers on the goods.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
16
v.
87
no.
2016
75
98
https://www.ghazavat.org/article_162155_f3a3d81faa5997d671428e19c588dd12.pdf
Analysis of Jurisdiction in Cases Regarding Protest to Execution of Enforceable Official Documents and Invalidation of Execution Order
Mahdi
Fattahi
PhD in Private Law of Tehran University and Researcher at the Institute of Judiciary
author
text
article
2016
per
There are controversies among judicial bodies relating to jurisdiction of dealing with protests to execution of enforceable formal documents, because the boundary of jurisdiction is not clear in relevant laws. On the one hand, hearing the complaints of execution of enforceable official documents is under the jurisdiction of the notarial bodies unless the executive operation has been finished, and on the other hand, claims about execution order is proceeded in courts, and jurisdiction to proceeding is up to the court at place of executing that order. Distinguish between these two issues depends on analysis of procedure of the court and notarial bodies. Do notarial authorities have jurisdiction to hear the action about execution of enforceable official document or this task lies beyond his jurisdiction, and at this stage the court must resolve the problem. This article deals with the above mentioned questions in the light of case law and decisions of notarial high council.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
16
v.
87
no.
2016
99
118
https://www.ghazavat.org/article_162152_e33149f6ceb5671391f27f2b9b333f0c.pdf
Competition Law in Iran and it`s Developments in the Light of the General Policies of Article 44 of the Constitution
Amirabbas
Alaeddini
PhD in Private Law, Science and Research Branch of Islamic Azad University
author
Mehrzad
Shiri
Assistant Professor of Law Faculty at Shiraz Islamic Azad University
author
text
article
2016
per
Although there is a controversy over the government involvement in the economy, it seems to be inevitable; because, by leaving the economy to the market without any supervision, we will not be able to attain the increase in efficiency, consumer convenience, and balance with the deficits in distribution, allocation, stabilization, and legislation. However, these interferences should not be so much that might lead to the government administration. Therefore, the government tries to regulate the behavior of agencies, and supervise the market. Considering this, the rules of competition law have its own special importance, and act as a main instrument to pursue the competitive policies of government along with the other instruments. The anti-competitive approaches include conspiracy, misuse of economic power, etc., and employing competition restrictive methods, like agreements on price stabilization, selling product or service with reward, and ending the abusing relationships and discriminatory attitudes. In our country, like advanced countries, after a long delay on the implementation of Article 41 of the fourth development program law, modification of some items of the fourth development program code has been ratified. Its ninth chapter is dedicated to the rules of competition law. Despite some positive points, it suffers some defects. Explaining rules on competition in Iran, whether before or after the developments resulting from general policies of article 44, this article through a comparative study of such regulations in some countries, deals with the positive and negative points of competition rules in chapter nine of the code.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
16
v.
87
no.
2016
119
147
https://www.ghazavat.org/article_162154_e589a936fb525decbbc7e873b5c573ca.pdf
The first court council, a new experience in the history of public law institutions in Iran
Fardin
Moradkhani
Assistant Professor at Literature and Humanities Faculty of Bu-Ali Sina University
author
Amin
Amini
M.A Student of Public Law at Bu-Ali Sina University
author
text
article
2016
per
Public law as a branch of knowledge of law thinking to limitation the power and it can be said that the history of limitation of power is history of public law. The theory of limitation of power expanded from multiple directions in the half-century reign of Naseri. On the one hand many of the fundamental concepts of a public law emerged in this period and on the other hand a germ of some important institutions in this period was concluded. Naseri is several reasons for the limitation of his powers to a series of events that, although often tend to be cold but these actions underlying were important developments in the future Constitutional Revolution. One of these events was dissolution of the chancellery and transition areas of the country to the Court Council, matters during the tenure of nori resulting in king decree that prompted an copy of the model of English in Iran And executive affairs to someone else leave Because of reasons such as not having the structure, relevance to Great Britain and refusal by the authorities, reform of Naseri was stopped and he revived again the chancellor and by turning its decision, took the former rout. Reform of Naser al-Din Shah in that period led to the creation of the Court Council was means to achieve the goal i.e. limitation of power. although it did not play a great role in the development of public law and held absolute power in the hands of the king and his associates but surely it can be said this move of king is a new era of public law and this accident was one of the first Iranian experience regarding the establishment of one of the important institutions of public law the Cabinet that later achieved in the constitutional revolution.
Judgment
مدیریت آموزش دادگستری استان تهران
1735-1227
16
v.
87
no.
2016
149
167
https://www.ghazavat.org/article_162147_cc56b10ae8c47b0746af0d9386c52cbd.pdf