Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Legal personality, history, foundations and functions with the emphasis of comparative study of corporations in Iran and Roman0German countries (French and Germany)

Document Type : scientific research paper

Author
samira soleimanzadeh
Assistant Professor, Faculty of Commerce and Finance, University of Tehran, Tehran, Iran
10.22034/law.2025.2045235.1480
Abstract
There is a detailed history regarding the emergence  of legal personality. This ancient history is rooted in several foundations that originate from a theoretical  basis in each legal system. Each of these theories has its supporters and opponents in each legal system. Belief in each of these theories is reflected in the way laws are written regarding commercial companies and other entities with legal personality. The aforementioned foundations have also influenced the way judgments are made in the judicial system of each country regarding commercial companies and the statement of doctrine regarding legal personality. The aggregate theory of legal personality gives authenticity to the persons forming the company, while the hypothetical theory of legal personality considers authenticity to be from  who authorized the formation of the company. Finally, the real theory of legal personality considers authenticity and reality to be from that legal personality and not external factors. The Iranian legal system in the field of commercial companies is mainly inspired by Roman-Germanic countries. It is important to examine the principles of creating a legal personality and its impact on the way of legislating and judging legal personality. In this study, the author has tried to present the most important principles of legal personality in countries that were influential in the Roman-Germanic legal system, as well as evidence from that country's legal system regarding the acceptance of the aforementioned theories and their impact on the laws and regulations of that country. The author tries to analyze the principles of legal personality in a comparative manner and to express the approach of the Iranian legal system in the commercial companies sector as much as possible. This study has tried to present a comprehensive approach to Iranian law by examining all the commercial laws that have been approved and are being approved in Iran.
Keywords
Commercial Companies
Legal Personality
Theories of Real
Fictitious
and Social Existence

Subjects

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