Document Type : Original Article
Highlights
The final consumer of goods / services has rights that are based on access to quality goods / services and reasonable prices. There are many conflicts between protectionist institutions and protectionist laws that make it difficult to protect consumer rights. In fact, there is a need for a comprehensive legal resource and a responsible and committed body, which seems that by standardizing the articles of association of companies, while establishing a suitable legal source, the supplier can be legally committed. This descriptive-analytical study seeks to investigate the possibility of protecting consumer rights with the solution of standardizing the articles of association of companies from the perspective of administrative law. The administrative bodies in charge of companies providing goods / services may be public or public, and the private sector usually has no place in the oversight of businesses. These institutions have the right to unify the statutes according to their duties and the broad interpretation of them. With this action, consumer rights can be mentioned as an obligation in the company's articles of association. Therefore, with the standardization of the articles of association, the legal obligation of the suppliers will be established and the right of supervision of the responsible organization will be specified. In this way, the administrative law solution will be open to protect consumer rights. In this case, the administrative challenges of companies regarding consumer rights are minimized and during the judicial action, the main culprits can be dealt with appropriately. Government or public trustees have sometimes acted independently, which in order to counter parallelism, it is necessary to designate administrative regulations, appoint a single institution as the main trustee of supervision, and determine the vertical or horizontal status of administrative relations.
Citizens' needs are met, either by domestic production or by imports. Sometimes in the organized actions of product / service providers, monopolies arise and the interests of investors take precedence over consumer rights. In this situation, consumers are in a weak position and their liquidity is unfairly directed to the pockets of suppliers. All over the world, governments have exercised their legal powers to protect consumer rights, which are part of citizenship rights, and, in the absence of legal loopholes, have enacted laws to protect consumer rights. In our country, the law was approved in 2009. Firstly, the relatively late adoption of this law, and secondly, some of the literature of this law has been criticized, which provides grounds for abuse by suppliers. Third, the government's executive powers in this regard are unclear, and based on some old legal sources, measures have been taken that are insufficient to protect consumer rights.
The effect of the contract form on contractual liability has been proven, as well as the formal effect of the statute in French law, and this country was considered a pioneer in accrediting the statute form.
In our country, various institutions are responsible for protecting consumer rights. The Standards Organization, for its part, does not issue endorsements for low quality goods / services. The Consumer Protection Agency mainly oversees pricing issues. The State Penitentiary Organization, like the judiciary, sometimes issues independent rulings in dealing with offenders. The inspection organization also sometimes gets involved and deals with violators by filing a case. However, the judiciary, as the main executors of justice, has no place in protecting consumer rights, and their duty is mainly highlighted when receiving complaints.
Previously, standardization of banks' articles of association was considered a solution for better supervision of the central bank.
The result of the argument is that different administrative institutions are responsible for protecting consumer rights in different ways, sometimes acting in parallel with each other, and finally that consumer expectations are usually not met, which means the inefficiency of these institutions is an administrative challenge.
It seems that while standardizing the articles of association of companies, measures can be taken to protect consumer rights. Pasban (1398) stated in his book that the owners of commercial companies have usually written articles of association that are not effective at all due to insufficient legal literacy.
The issue of unifying contract law at the international level has already been examined and it has been suggested that it can also be effective in corporate affairs. But at the same time, the limitations of corporate responsibility have been specified.
It is clear that standardization of corporate articles of association can be one of the ways to protect consumer rights. Elsewhere, the standardization of the rights of commercial companies in the field of steel exports in France was examined. Elsewhere, the role of legislative factors on the contractual form was mentioned.
In this study, it is assumed that the protection of consumer rights while standardizing the articles of association is possible. Other administrative challenges of consumer protection are beyond the scope of the present study, and the proposed solution is discussed here. This research is innovative in its kind, because so far no attention has been paid to the standardization strategy of companies in order to protect consumer rights, which is part of the executive-administrative affairs. The research question is how standardization of companies' articles of association is possible and how it will lead to the protection of consumer rights. At the same time, what are the challenges of this proposed solution? First, while reviewing the principles of the constitution and consumer rights, the administrative procedure of this action has been reviewed and its challenges have been analyzed.
