A look at the concept of trade in the commandite contract
Subject Areas : فقه و مبانی حقوق
Seyyed Mahdi Mirdadashi
1
(Assiant professor, Departemant of Law, Islamic Azad University, Qom Branch, Qom, Iran)
Mehdi Azizi
2
(Master Student of Private Laws Student,, Islamic Azad University, Qom Branch, Qom, Iran)
Keywords: Trade acts, Commercial rules, Commandite contract, Business, Civil Code, Iran,
Abstract :
despite the task of commanditer to doing business with capital,legislator in none of concerned articles in (articles of 551,552,553, 555, 557 and 558 Civil Code) has the meaning been explicitly stated and given that understanding the concept of trade is effective in explaining the scope of the commandite contract, the question that arises is what is meant by "trade" in the above Articles? In response to this question, the topic "A look at the concept of business in the commandite contract" was selected for the present study. After conducting research by the library method, as well as analyzing the proposed opinions by descriptive and analytical methods, it was determined,contrary to the opinion of some legal writers, The will of commanditer, when choosing the type of trade, is not limited to the Article 2 of the Commercial Code. The agent, In addition to matters such as the establishment of public warehouses and transactions subject to Article 5 of the Apartment Ownership Law, which are considered as intrinsic commercial acts outside Article 2 of the Commercial Code, he can even choose things such as buying and selling real estate which is commonly considered commercial.
قرآن کریم.
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