Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 185-199 |
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vafa S, Zare A, Mehrpour Mohammadabadi H. Liquidation of Commercial Representative in Iranian and French Laws. MLJ 2022; 16 :185-199
URL: http://ijmedicallaw.ir/article-1-1580-en.html
URL: http://ijmedicallaw.ir/article-1-1580-en.html
1- Department of Private Law, United Arab Emirates Branch, Islamic Azad University, United Arab Emirates.
2- Department of Private Law, University of Research Sciences, Islamic Azad University, Tehran, Iran.
3- Department of Private Law, Shahid Beheshti Faculty of Law, Tehran, Iran.
2- Department of Private Law, University of Research Sciences, Islamic Azad University, Tehran, Iran.
3- Department of Private Law, Shahid Beheshti Faculty of Law, Tehran, Iran.
Abstract:
Background & Objective: Commercial representative is one of the important issues in Iran's commercial law, which has not been addressed much. In this paper, an attempt is made to investigate the liquidation of commercial representative in Iranian and French laws.
Materials & Methods: This paper is descriptive-analytical and the library method was used.
Background and Aim: Commercial deputy is one of the subjects of commercial law, which has many ambiguities in Iranian law, including in the field of liquidation. Due to the closeness of Iranian and French laws, one of the ways to explain these ambiguities is a comparative study with French laws. In this paper, an attempt is made to investigate the liquidation of commercial representative in Iranian and French laws.
Method: This paper is descriptive-analytical and the library method was used.
Ethical Considerations: In all stages of writing the present research, the originality of the texts, honesty and trustworthiness have been observed.
Results: In both Iranian and French laws, the liquidation of a commercial representative is possible in both voluntary and involuntary ways. Dismissal and resignation are the most important voluntary factors and death and incapacity, bankruptcy and expiry of the term are the most important involuntary factors in the liquidation of a commercial representative in Iranian and French laws. The liquidation of a commercial representative is similar to the liquidation of attorneyship in civil affairs, with the difference that in the case of the death of the head of the commercial office, the commercial representative is not dismissed and in the first way in the case of insanity, the head of the commercial office is not dismissed, however with the liquidation of the commercial office, the commercial representative is dismissed, because the commercial rationale is lost. This exception has been removed in the new bill and upon the death or incapacity of the merchant or the liquidation of the company, the position of the commercial representative is terminated, however, upon the death or incapacity of the merchant, the commercial representative is responsible for managing and guarding the property until the appointment of a successor.
Conclusion: The existing legal loopholes regarding the liquidation of a commercial representative as well as the lack of predicting the obligations and also the failure to predict the cases of liquidation have caused ambiguities and on the other hand, a clear and comprehensive definition of the commercial representative has been provided neither in the commercial law nor in the new bill, therefore, it is suggested that legal loopholes be resolved.representative has been provided neither in the commercial law nor in the new bill, therefore, it is suggested that legal loopholes be resolved.
Please cite this article as:
Vafa SH, Zare A, Mehrpour Mohammadabadi H. Liquidation of Commercial Representative in Iranian and French Laws. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e14.
Type of Study: Original Article |
Received: 2022/12/15 | Accepted: 2023/02/23
Received: 2022/12/15 | Accepted: 2023/02/23
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