A Comparative Study of the Nature of Joint Venture Contract Considering Imami Jurisprudence, Civil Law and Commerce of Iran
Modern technology, raw materials and efficient manpower, which are the factors of economic progress, are unequally distributed around the world, and the only establishment of rights that can make the economic plan possible while preserving the interests of the owners of these elements is joint ventu...
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| Format: | Article |
| Language: | English |
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University of Mazandaran
2022-06-01
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| Series: | پژوهشنامه حقوق تطبیقی |
| Subjects: | |
| Online Access: | https://lps.journals.umz.ac.ir/article_3648_eddce0adea1a95dc8738338c7238c839.pdf |
| _version_ | 1797942642131075072 |
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| author | Nasrin Bazi Mohamadbagher Amerinia Dariush Babaei |
| author_facet | Nasrin Bazi Mohamadbagher Amerinia Dariush Babaei |
| author_sort | Nasrin Bazi |
| collection | DOAJ |
| description | Modern technology, raw materials and efficient manpower, which are the factors of economic progress, are unequally distributed around the world, and the only establishment of rights that can make the economic plan possible while preserving the interests of the owners of these elements is joint venture. Joint investment in joint venture is a kind of business cooperation, where the parties are partners in the management of the economic plan and profits and losses. As compared to Imami Jurisprudence, the commercial law is totally different, especially in the need for a joint venture and the lack of common ownership in national resources and intellectual contributions. A closer look shows that for companies that have a separate legal personality from their partners, the idea of creating legal personality in a joint venture contract is against the real intention of the partners. According to various laws such as the Foreign Investment Encouragement and Protection Law of 2002 and the third paragraph of Section "T" of Article 3 of the Law on Duties and Powers of the Ministry of Oil of 2012, a joint venture contract is identified as a general rule. The generalities of the joint venture contract can be found in Article 190 of the Civil Code and the principle of contractual freedom in Article 10 of the Civil Code. |
| first_indexed | 2024-04-10T20:11:49Z |
| format | Article |
| id | doaj.art-f060e622995649d68833cc88a04f6492 |
| institution | Directory Open Access Journal |
| issn | 2423-7566 |
| language | English |
| last_indexed | 2024-04-10T20:11:49Z |
| publishDate | 2022-06-01 |
| publisher | University of Mazandaran |
| record_format | Article |
| series | پژوهشنامه حقوق تطبیقی |
| spelling | doaj.art-f060e622995649d68833cc88a04f64922023-01-26T11:06:51ZengUniversity of Mazandaranپژوهشنامه حقوق تطبیقی2423-75662022-06-0161395710.22080/lps.2022.22968.13013648A Comparative Study of the Nature of Joint Venture Contract Considering Imami Jurisprudence, Civil Law and Commerce of IranNasrin Bazi0Mohamadbagher Amerinia1Dariush Babaei2PhD student in Private Law, Faculty of Humanities, Yasouj Branch, Islamic Azad University, Yasouj, Iran.Assistant Professor Department Of Law ، Yasuj Branch، Islamic Azad University، Yasuj ، IranAssistant Professor Department Of Law، Yasuj Branch، Islamic Azad University، Yasuj، IranModern technology, raw materials and efficient manpower, which are the factors of economic progress, are unequally distributed around the world, and the only establishment of rights that can make the economic plan possible while preserving the interests of the owners of these elements is joint venture. Joint investment in joint venture is a kind of business cooperation, where the parties are partners in the management of the economic plan and profits and losses. As compared to Imami Jurisprudence, the commercial law is totally different, especially in the need for a joint venture and the lack of common ownership in national resources and intellectual contributions. A closer look shows that for companies that have a separate legal personality from their partners, the idea of creating legal personality in a joint venture contract is against the real intention of the partners. According to various laws such as the Foreign Investment Encouragement and Protection Law of 2002 and the third paragraph of Section "T" of Article 3 of the Law on Duties and Powers of the Ministry of Oil of 2012, a joint venture contract is identified as a general rule. The generalities of the joint venture contract can be found in Article 190 of the Civil Code and the principle of contractual freedom in Article 10 of the Civil Code.https://lps.journals.umz.ac.ir/article_3648_eddce0adea1a95dc8738338c7238c839.pdfprinciple of contractual freedomjoint venture contractlegal personalitycivil companypractical company |
| spellingShingle | Nasrin Bazi Mohamadbagher Amerinia Dariush Babaei A Comparative Study of the Nature of Joint Venture Contract Considering Imami Jurisprudence, Civil Law and Commerce of Iran پژوهشنامه حقوق تطبیقی principle of contractual freedom joint venture contract legal personality civil company practical company |
| title | A Comparative Study of the Nature of Joint Venture Contract Considering Imami Jurisprudence, Civil Law and Commerce of Iran |
| title_full | A Comparative Study of the Nature of Joint Venture Contract Considering Imami Jurisprudence, Civil Law and Commerce of Iran |
| title_fullStr | A Comparative Study of the Nature of Joint Venture Contract Considering Imami Jurisprudence, Civil Law and Commerce of Iran |
| title_full_unstemmed | A Comparative Study of the Nature of Joint Venture Contract Considering Imami Jurisprudence, Civil Law and Commerce of Iran |
| title_short | A Comparative Study of the Nature of Joint Venture Contract Considering Imami Jurisprudence, Civil Law and Commerce of Iran |
| title_sort | comparative study of the nature of joint venture contract considering imami jurisprudence civil law and commerce of iran |
| topic | principle of contractual freedom joint venture contract legal personality civil company practical company |
| url | https://lps.journals.umz.ac.ir/article_3648_eddce0adea1a95dc8738338c7238c839.pdf |
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