Dissolution of Commercial Companies
Subject Areas : commercial law
Arman
Yaghobi Moghadam
1
(Master's student in private law, Department of Law, School of Law and Political Science, Allameh Tabatabai University, Tehran, )
Mohammad Reza
Pasban
2
(Associate Professor of Private Law, Department of Law, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.)
Keywords: Company liquidation, voluntary liquidation, forced liquidation, extraordinary general assembly.,
Abstract :
Dissolution of commercial companies is divided into three types: voluntary, forced and liquidation resulting from a court ruling. The relationship between liquidation and bankruptcy is public and private in general: every bankruptcy leads to liquidation, but not every liquidation necessarily leads to bankruptcy. Although the above-mentioned distinction is not specifically mentioned in the amendment bill of the trade law, but the above-mentioned distinction is carefully specified in articles such as 189, 199, 200, 201, 203. The above separation is the source of many works that make the necessity of separation inevitable. However, in the opinions of our judicial authorities, the difference between the conditions for the realization of these two things has been ignored, and the incorrect inference from the provisions of the law makes the ground for issuing an illegal vote. In this article, after mentioning the introduction and definitions, we will deal with the conditions and differences between the two, and then we will examine the effects of separation between them.
Ansari, Masoud, Taheri, Mohammad Ali,(2014), Encyclopaedia of Private Laws, first edition, Mihrab
Fikar Publications.
Pasban, Mohammadreza,(2017), Laws of commercial companies, 13th edition, Semt Publications.
Jafari Langroudi, Mohammad Jaafar,(2015), Legal Terminology, 29th edition, Ganj Danesh
Publications.
Radan Jabali, Ali, (2018),lecture of Marje Saleh workshop on the request for issuing bankruptcy order
in joint stock companies, Isfahan Bar Association Training Commission.
Saqri, Mohammad,(2016), Bankruptcy Commercial Law, 3rd edition, Sahami Sahami Co.
Ghorbani Lachwani, Majid,(2017), Business Law, 26th edition, Chater Danesh Publications.
Kaviani, Korosh,(2015), Business Law, 5th edition, Mizan Publications.
Omid, Hassan, (2016),Farhang Farsi Omid, Majid Publications.