The Legal Nature of the Shared Interest Economic Group and its Differentiation from Civil Participation in Imamiah Jurisprudence and other Similar Institutions

Document Type : Science - Research (Islamic Financial Rights)

Authors
Majid Rahaei 1
Seyed Hassan Hosseini Moghaddam 2
Mehdi Fallah Khariki 3
1 Ph.D. Student, Law Department, Faculty of Humanities, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
2 Assistant Professor, Private Law Department, Faculty of Law and Political Science, Mazandaran University, Babolsar, Iran
3 Assistant Professor, Law Department, Faculty of Humanities, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
10.30497/ifr.2022.241642.1659
Abstract
The economic group with common interests in line with the needs of today's society is almost a nascent institution in our domestic law. This type of partnership is similar to the various partnerships in international systems, including joint ventures and consortia. The economic group is necessarily a party to the transaction and a party to the rights and obligations in order to carry out the activities necessary to achieve its goals. In Article 107 of Iran’s Fifth Economic Development Plan Law, the economic group with common interests was introduced as a new institution. This group is a legal establishment that is formed freely among natural persons on the basis of joint liability. As mentioned, the economic group with common interests is similar to various institutions such as civil participation in jurisprudence, joint ventures and consortia. Accordingly, the main issue of this research, done with descriptive-analytical method, is the differences and similarities between economic groups with common interests and other similar institutions. According to our findings, what is certain from Article 107 of the Development Plan Law is the inclination and sense of necessity to systematize and facilitate the establishment and operation of "economic group with common interests" or, in more general terms, contractual partnerships that can flexibly be a generic name for Consortia, joint ventures, etc. The concept of economic group with common interests, which is borrowed from French law, is similar to concepts such as consortium, joint venture and civil companies. Also, in Imamiah jurisprudence, the concept of civil company is emphasized.
Keywords
Legal Personality
Joint Venture
Economic Benefit
Imamiah Jurisprudence
Civil Company
 
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Volume 11, Issue 1 - Serial Number 21
February 2021
Pages 169-192

  • Receive Date 26 August 2021
  • Revise Date 16 December 2021
  • Accept Date 24 January 2022