Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 62-77 |
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Ahmadipoor M A, Zarkalam S, Hasanzadeh H. Evaluating Health and Hygiene Considerations in the Liquidation of Joint Stock Companies From the Perspective of Iranian and English Law. MLJ 2025; 19 (60) :62-77
URL: http://ijmedicallaw.ir/article-1-1885-en.html
URL: http://ijmedicallaw.ir/article-1-1885-en.html
1- Department of Private Law, Faculty of Law, Tehren-e-Markazi Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Health and hygiene considerations refer to considerations that a joint stock company has caused damage or losses to public or personal health due to acts that are against the law, contract or custom and now, at the time of liquidation, it must compensate these creditors for the damages proportionate to them. These joint stock companies are generally active in areas that are related to public health. This issue is also raised as a civil rights issue. Liquidation of joint stock companies means ending their legal personality. Therefore, it can have several effects on society and businessmen. The more orderly and rapid the liquidation process is, the better the interests of all are secured, which also depends on having a suitable liquidator. In most legal systems, the liquidator has similar duties and competencies and the main difference is in their enforcement guarantees and flexibility.
Method: The present study, which has been written in a descriptive-analytical manner using library resources, seeks to compare the powers and competencies of the liquidator in Iranian and English law and, in this way, better illustrate the challenges and solutions of the Iranian legal system.
Ethical Considerations: This research has been written based on adherence to confidentiality, non-plagiarism, originality and non-discrimination.
Results: The findings indicate that Iranian and English law consider the powers of liquidators to be information, liquidation, distribution of assets and attention to current transactions. In English law, unlike Iranian law, there are more transparency tools, access to information and guarantees of the liquidator's performance of duties than in Iranian law, so that in this country the liquidator is required to send all the documents and evidence in his possession to creditors and shareholders and creditors have the right to refer to the liquidator for access to these documents at any time they wish.
Conclusion: In England, unlike Iranian law, the presence of a supervisor alongside the liquidator is mandatory and the supervisor must regularly prepare and provide reports on all liquidation operations to the beneficiaries. Although both countries consider the liquidator to be subject to the regime of responsibility for proving fault, in England, in order to further protect the interests of creditors and better accountability of the liquidator for performing his duties, the presumption of fault is placed on the manager so that the injured party does not need to prove the liquidator's fault. On the other hand, Iranian law is associated with more ambiguities and shortcomings than English law in the field of the liquidator's powers, which is more flexible and efficient in this respect due to frequent updates.
Please cite this article as:
Ahmadipoor MA, Zarkalam S, Hasanzadeh H. Evaluating Health and Hygiene Considerations in the Liquidation of Joint Stock Companies From the Perspective of Iranian and English Law. Medical Law Journal. 2025; 19: e5.
Method: The present study, which has been written in a descriptive-analytical manner using library resources, seeks to compare the powers and competencies of the liquidator in Iranian and English law and, in this way, better illustrate the challenges and solutions of the Iranian legal system.
Ethical Considerations: This research has been written based on adherence to confidentiality, non-plagiarism, originality and non-discrimination.
Results: The findings indicate that Iranian and English law consider the powers of liquidators to be information, liquidation, distribution of assets and attention to current transactions. In English law, unlike Iranian law, there are more transparency tools, access to information and guarantees of the liquidator's performance of duties than in Iranian law, so that in this country the liquidator is required to send all the documents and evidence in his possession to creditors and shareholders and creditors have the right to refer to the liquidator for access to these documents at any time they wish.
Conclusion: In England, unlike Iranian law, the presence of a supervisor alongside the liquidator is mandatory and the supervisor must regularly prepare and provide reports on all liquidation operations to the beneficiaries. Although both countries consider the liquidator to be subject to the regime of responsibility for proving fault, in England, in order to further protect the interests of creditors and better accountability of the liquidator for performing his duties, the presumption of fault is placed on the manager so that the injured party does not need to prove the liquidator's fault. On the other hand, Iranian law is associated with more ambiguities and shortcomings than English law in the field of the liquidator's powers, which is more flexible and efficient in this respect due to frequent updates.
Please cite this article as:
Ahmadipoor MA, Zarkalam S, Hasanzadeh H. Evaluating Health and Hygiene Considerations in the Liquidation of Joint Stock Companies From the Perspective of Iranian and English Law. Medical Law Journal. 2025; 19: e5.
Keywords: Liquidator, Health, Hygiene, Joint Stock Company, Competence, Responsibility, Iran, England
Type of Study: Original Article |
Received: 2024/10/21 | Accepted: 2025/02/10
Received: 2024/10/21 | Accepted: 2025/02/10
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