نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
In Iranian law, the terms, obstacles, appointment and dismissal of managers and their position in non-commercial institutions such as commercial companies have not been considered by the legislator; However, the explanation of these issues plays a significant role in determining the limits of authority and responsibility of managers and, following that, the responsibility of an institution, which highlights the need to analyze the management pillar. In contrast to English law, it has acted more responsibly towards non-commercial institutions, which are known as non-profit organizations in this country, and has developed more detailed and codified laws and judicial procedures compared to Iranian law; Therefore, examining the laws of this country from a comparative point of view, it can be effective for the purpose of reforming the laws of Iran or creating legal doctrine.
The results of the present research, with reference to the library-analytical method, show that in the legal system of Iran and England, to explain the conditions, obstacles, and the method of appointing and dismissing managers, we must refer to the general laws and the ruling judicial procedure, and only in some cases to the laws Especially regarding some types of non-commercial institutions (non-profit organizations) and in the laws of both countries, the position of managers is also explained based on contractual representation. with the difference that in English law, the position of managers in relation to the organization and members is based on contractual representation, but in relation to third parties in good faith, it is based on the theory of unity; In this way, all the actions of managers in front of third parties in good faith are valid and guarantee for the respective organization, unless it is proven against the good faith of the third party.
کلیدواژهها English