نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی، گروه حقوق، واحد کرج، دانشگاه آزاد اسلامی، کرج، ایران،
2 استادیار، گروه حقوق، واحد کرج، دانشگاه آزاد اسلامی، کرج ،ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The purpose of this study was to investigate the civil liability of disclosure of confidential information in the stock market, with a comparative study of Iranian law and common law. Confidential information in the stock exchange organization is one of the most vital trading elements and the foundation of many decisions in stock exchange transactions is dependent on it. In Iran's legal system and common law, the publishers and holders of primary and secondary information are the custodians of disclosure of known information and are obliged to disclose it equally and simultaneously among investors. In both systems, the information is considered confidential until it is disclosed through legal channels. And the responsibility of its care and maintenance rests with the trustees. The results indicated that the unauthorized disclosure of confidential information in the common law has absolute liability. While the approach of Iranian laws is based on the general rules of contracts and liability, based on fault. In the common law legal system, the unauthorized disclosure of information is not liable unless a transaction is made based on it, while from the perspective of Iranian law, as soon as the unauthorized disclosure of information is made, civil liability will be incurred. It seems that the laws of the common law legal system can cover some legislative gaps in the legal system of Iran in the field of disclosure of confidential information in the stock market.
کلیدواژهها [English]
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