| Title: |
Minority Rights and Lawsuits Filed by Shareholders of Companies in Public Joint Stock Companies Based on the Corporate Governance System in Iranian and French Law with Emphasis on the Principles of Ethics ; حقوق اقلیت و اقامه دعوی از سوی سهامداران شرکت در شرکتهاي سهامی عام بر مبناي نظام اداره شرکتها در حقوق ایران و فرانسه با تأکید بر اصول اخلاق |
| Authors: |
Papi, Hossein; Niknejad, Javad |
| Source: |
Akhlāq-i zīstī; Vol. 11 No. 1 (1400): Bioethics Journal, Special Issue on Ethical & Legal Reflections 2021; 331-345 ; مجله اخلاق زیستی- علمی پژوهشی; دوره 11 شماره 1 (1400): مجله علمی - پژوهشی اخلاق زیستی، ویژه نامه تأملات اخلاقی و حقوقی، 1400; 331-345 ; 2538-5720 ; 2345-2803 |
| Publisher Information: |
مرکز تحقیقات اخلاق و حقوق پزشکی، دانشگاه علوم پزشکی شهید بهشتی - انجمن بین المللی اخلاق زیستی اسلامی و انستیتو اخلاق زیستی و حقوق سلامت |
| Publication Year: |
2022 |
| Collection: |
Portal of Scientific Journals at Shahid Beheshti University of Medical Science |
| Subject Terms: |
حقوق اقلیت؛ شرکت سهامی، سهامداران شرکت، حقوق ایران، حقوق فرانسه; Minority Rights; Stock Company; Company Shareholders; Iranian Law; French Law |
| Description: |
Background and Aim: In the management of joint stock companies based on the majority vote, the rights of the minority are less considered and in some cases, the managers of the company abuse their position. In this regard, it is necessary to provide solutions to support minority shareholders. The solutions for filing a lawsuit against the shareholders are in two general ways, including on the name and on behalf of the joint stock company and the other by the name and on behalf of the shareholder. Identifying several shortcomings in the binding legal regulations related to minority rights in Iranian law, especially in the areas of "financial disclosure and transparency", "voting system" and "derivative litigation" is among the objectives of the present study. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical. The method of data collection is library and has been done by referring to documents, books and articles. Ethical Considerations: None to be declared. Findings: Filing a lawsuit against the shareholder in the name and on behalf of the company, which is the derivative lawsuit, is in order to properly manage the company and protect the joint stock company against violations that managers have committed in performing their duties to the company. Article 276 of the bill amended a part of the Commercial Code of 1347, which refers to the possibility of filing a derivative lawsuit, makes it possible to file a derivative lawsuit only against the persons mentioned in Article 276. As a second solution, the shareholder can file a lawsuit against any private or legal person, both from a legal and criminal point of view, unlike a derivative lawsuit, which can only be filed from a legal point of view. Conclusion: In the laws of France and Iran, by relying on the ethical norms of business, shareholders can file a lawsuit on behalf of the company through a derivative lawsuit. Although it is possible to identify minimum rights for minority shareholders in ... |
| Document Type: |
article in journal/newspaper |
| File Description: |
application/pdf |
| Language: |
Persian |
| Relation: |
https://journals.sbmu.ac.ir/be/article/view/35822/29173; https://journals.sbmu.ac.ir/be/article/view/35822 |
| DOI: |
10.22037/bioeth.v11i1.35822 |
| Availability: |
https://journals.sbmu.ac.ir/be/article/view/35822; https://doi.org/10.22037/bioeth.v11i1.35822 |
| Rights: |
Copyright (c) 2022 Akhlāq-i zīstī |
| Accession Number: |
edsbas.4AB3B79D |
| Database: |
BASE |