نوع مقاله : مقاله پژوهشی
نویسندگان
1 علامه طباطبایی
2 دانشگاه علامه طباطبایی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abuse of rights by partners is one of the most important issues in the rights of commercial companies. Meanwhile, the law governing commercial companies is the majority rule, according to which the majority plays a pivotal role in the decisions and actions of companies, the result of which can be the abuse of rights and powers in the interests of the minority. In other words, the application of the majority rule involves concentrating the company's forces in the hands of the majority of shareholders, which can be abused. The question of research is through what solutions restrictions can be imposed on the rule of law exercise by the majority so that this rule is not abused. The results of the research show that these solutions can be divided into judicial and non-judicial solutions and in this research only judicial solutions to face abuse of rights in commercial companies have been examined. Judicial solutions refer to legal remedies and legal proceedings, including filing lawsuits and criminal cases, requesting the dissolution of the company and annulling the decisions taken by the institutions accepted by the company, requesting the dismissal and installation of important and influential officials in the company such as manager, inspector or inspectors and the board. The research method is descriptive-analytical. To answer the question, first the concept of abuse of the right and the rule of majority in commercial companies is examined and then the judicial strategies to prevent the abuse of the right are discussed.
کلیدواژهها [English]
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