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Review of Legal Personality in Commercial Companies
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Hamidreza Moshefi1    , Amirreza Moshefi2 |
1- M.A, Department of Private Law, Robat Karim Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
2- M.A, Department of Private Law, Robat Karim Branch, Islamic Azad University, Tehran, Iran. |
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Abstract: (631 Views) |
Background and Aim: In all legal systems, legal personality is recognized for commercial companies. However, some commercial companies in Germany lack legal personality. Therefore, the aim of this research is to clarify Article 583 of the Iranian Commercial Code and examine the legal personality of commercial companies.
Materials and Methods: The research method in this article was descriptive-analytical.
Ethical Considerations All ethical principles have been followed in writing this article.
Findings: Article 583 of the Iranian Commercial Code explicitly states, “All commercial companies have legal personality, provided that they are formed in accordance with this law.” Therefore, commercial companies must be registered to acquire legal personality. In France, too, all commercial companies have legal personality, except for companies where the capital is owned by partners and the company is either hidden from third parties or, if they are aware of it, unregistered.
Conclusion: This research concludes that even if commercial companies are not registered, they still possess legal personality, and the dissolution of the company due to non-registration will be subject to the prosecutor’s request.
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Article number: 1 |
| Keywords: Legal Personality, Commercial Companies, Company Registration, Company Dissolution. |
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Full-Text [PDF 274 kb]
(208 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/02/13 | Revised: 2025/03/15 | Accepted: 2025/03/18 | Published: 2025/03/21
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