Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Jurisprudential study of the legal status of managers in Private limited companies (Iranian Commercial Code)

Document Type : .

Authors
1 PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Babol Branch, Islamic Azad University, Babol, Iran.
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Babol Branch, Islamic Azad University, Babol, Iran.
10.22034/ejs.2022.332351.1184
Abstract
Background and Aim: joint stock companies are considered as one of the most important commercial companies in terms of law and economics. In this article, an attempt has been made to examine the legal status of managers in Private limited companies from a jurisprudential perspective and in the light of commercial law.
Materials and Methods: This is a descriptive-analytical article using the library method to examine the question in question.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness have been observed.
Findings: From a jurisprudential point of view, the theory of advocacy can not explain the position of managers in Private limited companies in commercial law. Private limited companies have their own legal personality, during which the shareholders are constantly changing.
Conclusion: In Private limited companies, managers are considered as one of the pillars of the company and part of the body of the company. Being a pillar theory has two aspects; One is in the relationship between the company and third parties, which indicates full authority for managers, and the other is in the relationship between managers and the company, which managers must act within the framework of the granted authority. The theory of Being a pillar governance for the company, which is useful for full authority for managers, has been accepted in Iranian commercial law.
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