The legal system governing the fraternity and responsibility of holding companies in the legal system of Iran and France
Subject Areas : International Legal Researchnahid kamrazadeh 1 , mostafa mandegar 2 , mahsa hoseini moqadam 3
1 - PhD Student, Department of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
2 - Assistant Professor of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran (Corresponding Author).
3 - Assistant Professor of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.
Keywords: liability, Iranian legal system, Holding company, subsidiary, French legal system,
Abstract :
Background and Aim: Due to the role and importance of holding companies, today we are witnessing the growing expansion of these companies. Due to the special structure of these companies, their management and responsibilities in the laws need to be considered. Therefore, in this research, we examine what system governs the brotherhood and responsibility of holding companies in the law of Iran and France?Method: This research has been descriptively-analytically analyzed.Findings and Results: In Iranian law, in several cases, including paragraph 22 of Article 1 of the Securities Market Law, the Fourth Development Plan Law, paragraph 18 of Article 1 of the General Policy Implementation Law 44 and Article 266 of the new Commercial Code bill as described by the holding company Paid. In Iranian law, if we want to hold other subsidiaries, which operate under the management of a holding, liable for the liability of a subsidiary in addition to the holding, we can, in addition to relying on the jurisprudential rule "I am for the current grain". He also sought help from the wise institution. Under French law, it is not easy for the parent company to prove the fault if the subsidiary commits the fault. It can be argued that the parent company has the most open duty to care for itself, and as a result it is easier to accept responsibility for the harmful actions of the affiliated company.
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