"Islamic Finance Researches" (IFR)

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

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

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

 
Adl, M. (1374). Civil Rights. Qazvin: Taha (In Persian).
Allama Hali, H, Ibn Y. (1410 AH). Ghavaed Alahkam. Qom: Islamic Publishing (In Persian).
Bastani, A, R. (1390). Economic Effects and Legal Grounds for Forming an Economic Group with Common Interests (Joint Venture). Monthly Economic Issues and Policies. 1 (9), 53-78 (In Persian).
Bahrani, Y. (1405 AH). Alhadaegh Almanazere. Qom: Bagheri (In Persian).
Byron f. E. (2001). Challenges in Joint Venture Formation; Sponsored by the University of Texas School of Law and the Corporate Counsel Section of the State Bar of Texas_ P. 1_ Hewitt , Ian; Joint Ventures, Sweet & Maxwell.
Emami, H. (1362). Civil Rights. Tehran: Islamic Bookstore (In Persian).
Hakiman, A, M. (1384). Investigate the Nature and Structure of the Joint Venture. Seminary and University Scientific Quarterly, 11 (44), 33-60 (In Persian).
Isa Tafreshi, M; & Kabiri Shahabad, H. (1393). Legal Analysis of Article 107 of the Law on the Fifth Development Plan of the Islamic Republic of Iran: Conditions for Forming an Economic Group with Common Interests, Scientific Quarterly of Comparative Law Research, 18 (70), 153-176 (In Persian).
Ishaqi Astani, M. (1396). Jurisprudential Study of Legal and Commercial Companies and Their Differences and Commonalities (Master's Thesis). Tehran University, Tehran, Iran (In Persian).
Kashani, M. (1388). Special Contracts. Tehran: Rate (In Persian).
Khazaei, H. (1388). Introduction to the Science of Domestic and International Trade Law. Tehran: Jangal (In Persian).
Najafi, M, H. (1418 AH). The Jewel of the Word in the Explanation of the Laws of Islam. Qom: Teachers Association. Civil Law of the Islamic Republic of Iran. Law of the Fifth Development Plan of the Islamic Republic of Iran (In Persian).
Pasban, M, R. (1389). The Rights of Commercial Companies. Tehran: Organization for the Study and Development of University Books in Islamic and Humanities (Position) (In Persian).
Pasban, M, R; & Ghorbani Zuleikhani, M. (1396). Rights, Obligations and Responsibilities of the Partners in the Joint Venture Agreements with eEmphasis on the Economic Group with Common Interests. Scientific Journal of Judgment, 17 (90), 1-31 (In Persian).
Qahramani, N0. (1384). The Legal Nature of Joint Venture and its Comparison with Similar Institutions. Scientific Quarterly of the Bar Association, 48 (190), 34-52 (In Persian).
Rostamzadeh, Q. (2018). Review of Article 107 of the Law of the Fifth Program of Economic, Social and Cultural Development of the Islamic Republic of Iran approved in 2009 (Economic Group with Common Interests). Scientific Quarterly Journal of Judgement. 10(74), 1-39 (In Persian).
Sadeghi Goldar, A. (1987) Company Contract, its Concept and Supplement. Scientific Quarterly of Law (Legal and Judicial Studies), 2 (9), 177-189 (In Persian).
Shapira, J. (1371). International Commercial Law (Rabia Skini, Translator). Tehran: Islamic Revolution Education (In Persian).
Shahid Thani (1410 AH). The Schools of Understanding in the Explanation of Islamic Law. Qom: Islamic Knowledge (In Persian).
Shahidi, M. (1365). Legal status of the Partner's Possessions in the Common Property. Scientific Quarterly of Law (Legal and Judicial Studies), 2 (6), 131-139 (In Persian).
Shapira, J. (1371). International Commercial Law (Rabia Skini, Translator). Tehran: Islamic Revolution Education (In Persian).
Special, M; & Abin, A, R. (1396). Analytical Study of legal Jurisprudence, the Condition of Relative Liability in Civil Companies from the Perspective of Khamseh Religions and Iranian Law. Scientific Quarterly of Contemporary Jurisprudence, 7 (13), 73-92 (In Persian).
Tabatabai Yazdi, S, M, K. (1425 AH). Margin of Gain. Qom: Ismailian (In Persian).
Tusi, M, ibn H. (1412 AH). Almasat. Qom: Islamic Publishing Institute (In Persian).
Ulumi Yazdi, H, R. (2013). Legal Challenges of Forming an Economic Group with Common Interests. Journal of Private Law Research, 2 (8), 65-84 (In Persian).
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