Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 135-150 |
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Razavi M S, Namdar Poorbangar M. Comparison of General Rules of Contracts with Specific Rules Governing Capital Market Transactions (Stock). MLJ 2022; 16 :135-150
URL: http://ijmedicallaw.ir/article-1-1567-en.html
URL: http://ijmedicallaw.ir/article-1-1567-en.html
1- Law Group, Faculty of Humanities, Tehran West Branch, Islamic Azad University, Tehran, Iran
2- Law Group, Faculty of Humanities, Abadeh Branch, Islamic Azad University, Abadeh, Iran
2- Law Group, Faculty of Humanities, Abadeh Branch, Islamic Azad University, Abadeh, Iran
Abstract:
Background and Aim: In this paper, an attempt has been made to compare the general rules of contracts with the specific rules governing capital market transactions.
Method: The current paper is descriptive and analytical and the library method is used.
Ethical Considerations: In this paper, the originality of the text, honesty and trustworthiness are observed.
Results: The characteristics of contracts and stock markets have caused that the general rules of the civil law and other regulations are not enough to regulate stock transactions. Contrary to the general rules of the civil law, which is sufficient for the correctness of the transactions, compliance with the general conditions of the transaction, including the articles of article 190 of the civil law, such as the intention and consent of the parties, the capacity, the specific subject and the legitimacy of the purpose, in the case of capital market transactions, in addition to that, other conditions such as market transparency, fair competition, the principle of supervision and the formality of transactions are also necessary. Therefore, the general conditions of the civil law have been expanded with the emergence of the capital market and its related rules and new conditions have been added to it.
Conclusion: The differences between stock market transactions and other transactions require that certain principles and rules govern stock market transactions. Transactions in the capital market are carried out according to the rules and regulations of the capital market. In the various stages of conclusion, validity, conditions are somewhat according to the general rules of contracts and in the stage of discharge, they are based on capital market contracts and stock exchange organizations supervise the process. In this type of transactions, the way of doing the transaction is determined by the stock exchange organizations and is not left to the will of the parties.
Please cite this article as:
Sadat Razavi M, Namdar Poorbangar M. Comparison of General Rules of Contracts with Specific Rules Governing Capital Market Transactions (Stock). Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e9.
Method: The current paper is descriptive and analytical and the library method is used.
Ethical Considerations: In this paper, the originality of the text, honesty and trustworthiness are observed.
Results: The characteristics of contracts and stock markets have caused that the general rules of the civil law and other regulations are not enough to regulate stock transactions. Contrary to the general rules of the civil law, which is sufficient for the correctness of the transactions, compliance with the general conditions of the transaction, including the articles of article 190 of the civil law, such as the intention and consent of the parties, the capacity, the specific subject and the legitimacy of the purpose, in the case of capital market transactions, in addition to that, other conditions such as market transparency, fair competition, the principle of supervision and the formality of transactions are also necessary. Therefore, the general conditions of the civil law have been expanded with the emergence of the capital market and its related rules and new conditions have been added to it.
Conclusion: The differences between stock market transactions and other transactions require that certain principles and rules govern stock market transactions. Transactions in the capital market are carried out according to the rules and regulations of the capital market. In the various stages of conclusion, validity, conditions are somewhat according to the general rules of contracts and in the stage of discharge, they are based on capital market contracts and stock exchange organizations supervise the process. In this type of transactions, the way of doing the transaction is determined by the stock exchange organizations and is not left to the will of the parties.
Please cite this article as:
Sadat Razavi M, Namdar Poorbangar M. Comparison of General Rules of Contracts with Specific Rules Governing Capital Market Transactions (Stock). Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e9.
Type of Study: Original Article |
Received: 2022/11/8 | Accepted: 2023/02/12
Received: 2022/11/8 | Accepted: 2023/02/12
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