Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 740-755 |
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Sanei S, Fallah Kharyeki M, Roohi M. Conflict of Laws and the Areas for Resolving it in the Field of Securities Transfer of Pharmaceutical and Medical Companies. MLJ 2025; 19 (60) :740-755
URL: http://ijmedicallaw.ir/article-1-1909-en.html
URL: http://ijmedicallaw.ir/article-1-1909-en.html
1- Department of Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.
Abstract:
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Background and Aim: Pharmaceutical and medical companies handle a large volume of financial transactions in the economy of each country, and their entry into the stock exchange market can provide the basis for the expansion and deepening of the capital market, increasing financial transparency, and reducing inflation. Conflict of laws in the field of pharmaceutical and medical companies active in the stock exchange market becomes relevant when foreign companies that produce or supply medicines and medical equipment seek to enter the stock market of the host country. In these circumstances, it is possible that in relation to the rules related to the transfer of securities belonging to this company, the percentage of ownership of shareholders and founders, the type of transferable securities, conflicts may occur between the rules of the host country and the rules of the parent country of these companies, which is the subject of the present study .
Method: The research method in this study is descriptive-analytical. In this regard, reliable library sources, including primary and secondary sources, have been used. Ethical Considerations: In this study, the principles of scientific ethics such as scientific trustworthiness, scientific originality of the text, non-discrimination and non-bias have been used. Results: Relation to the rules for entering the stock exchange by pharmaceutical and medical companies, distinctive rules are one of the main axes of conflict of laws and the areas for resolving them in the new economic order, issues related to securities and the resolution of legal and legal disputes in pharmaceutical and medical companies that are raised in connection with them, which legal systems such as Iran and international law have paid attention to. Appropriate rules for resolving conflict of laws in Iranian legal systems and international law governing securities in the field of pharmaceutical and medical companies can play a decisive role in this regard. In this regard, considering the approach adopted by the legal systems studied, it can be noted that there is no distinction between the types of securities and the areas of their transfer in the Iranian legal system, while in the international legal system, the rules for resolving conflicts of laws in relation to them differ depending on whether the securities are registered, unregistered or intermediary. Conclusion: According to the guidelines of the Iranian Securities and Exchange Organization, the ceiling for purchasing securities and shares in the Iranian stock market by any foreign company, including foreign pharmaceutical and medical companies, will be limited to ten percent of the total capital in circulation on the stock exchange. This limitation also exists in the field of transferring shares of foreign pharmaceutical and medical commercial companies in Iran, and in this field, conflict resolution rules are not foreseen in the Iranian Stock Exchange Law, and the only option in this field is to refer to the arbitration mechanism contained in the aforementioned law.
Sanei SH, Fallah Kharyeki M, Roohi M. Conflict of Laws and the Areas for Resolving it in the Field of Securities Transfer of Pharmaceutical and Medical Companies. Medical Law Journal. 2025; 19: e49.
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Type of Study: Original Article |
Received: 2024/12/24 | Accepted: 2025/05/19
Received: 2024/12/24 | Accepted: 2025/05/19
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