Background and Purpose: The purpose of this article is to examine the exceptions to the principle of separation of company assets from partners' assets in Iranian and French laws.
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: The findings showed that the principle of the independence of the company's assets in both Iranian and French laws has exceptions. Among other things, in the event that due to the bankruptcy of a joint-stock and partnership company, there is a deficiency in the company's assets due to the violation of the partner managers, the company's compensated from its assets. Another exception is if the partners engage in a fraudulent transaction, they cannot rely on the principle of independence of the company's legal personality by resorting to the principle of limited liability. Based on this rule, which is called the rule of passing the legal personality of a commercial company, the partners are responsible for third parties and pay damages from their property.
Result: the principle of independence of the legal personality of companies and, accordingly, the principle of separation of company assets from partners, is not absolute and has exceptions in order to protect creditors and third parties