Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Effects of Separating the Assets of a Commercial Company from Its Partners in Iranian and French Law

Document Type : .

Authors
1 PhD student in Private Law, Department of Law, Kish International Branch, Islamic Azad University, Kish Island, Iran
2 Assistant Professor, Department of Private Law, Faculty of Human Sciences, Damavand Branch, Islamic Azad University, Tehran, Iran
3 Assistant Professor, Department of Law and Political Science, Faculty of Law and Political Science, South Tehran Branch, Islamic Azad University, Tehran
10.22034/ejs.2024.469980.1887
Abstract
Background and purpose: The purpose of this article is to investigate the effects of separating the assets of a commercial company from its partners in Iranian and French law.
 
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used to collect materials and data.
 
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
 
Findings: These results in Iranian law are: 1) the specificity of the right of the partners to the company's property 2) the property of the company as collateral for the payment of creditors' claims 3) the absence of personal creditors of the partners to the company 4) the absence of the company's creditors to the partners 5) the failure of clearing between creditors Creditors of the partners with the company's demand from the creditors and 6) payment of the company's tax from its assets. and the possibility of issuing a bankruptcy order at the same time of the partnership and the partners is one of the most important effects of separating the assets of the company from the partners in French law and its differences with Iranian law.
 
Conclusion: The conclusion is that it is true that in companies where the liability of the partners is unlimited, such as a relative and partnership company, the creditors of the company have the right to collect their claims from the personal property.
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