Guarantee Arising from Conducting Transactions Based on Confidential Information in the Stock Exchange

Subject Areas : Political and International Researches Quarterly

Shervin  Zahedmanesh ¹ (PhD Student in Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran)
Alireza  Rajabzadeh Estahbani ² (Assistant Professor of Law Education, Qeshm Branch, Islamic Azad University, Qeshm, Iran)
Mohammad  Sadeghi ³ (Assistant Professor of Law Education, Hormozgan University, Hormozgan, Iran)

Received: 2021-09-23 Accepted : 2021-09-23 Published : 2021-11-22

Keywords: Civil liability, Guarantee, Misappropriation, False Property,

Abstract :

Considering the last part of Article 52 of the Securities Market Law of the Islamic Republic of Iran, as well as the existence of general rules and principles that exist regarding the necessity of acquiring property through religious and moral means, in principle, civil liability using confidential information does not seem doubtful, However, the principles of civil liability for damages in such an assumption are challenging and require careful discussion; Because the existence of civil liability requires proof of its basis. Rules such as the sanctity of false property in jurisprudence and the prohibition of unjustified possession in the law in question are the foundations that can be examined to prove the guarantee of persons who make a transaction based on such information. As a result, the cause that adds to the assets of the person using the confidential information is not legitimate, and such money must be returned according to the law and custom.