Examining the legal personality of a legal partnership

Document Type : Original Article

Authors

1 Assistant Professor, University of Judicial Sciences

2 Business Law Student, University of Judicial Sciences and Administrative Services (Tehran Judicial Sciences)

10.30510/psi.2022.344060.3503

Abstract

Lawyers disagree on the historical origins of a limited liability company. Some trace the origins of such a company to Roman law, arguing that these rights recognized the existence of a company whose joint ownership was purely family-owned and that non-family members were not allowed to join the company. Lawyers disagree about the historical origins of a partnership. The initial appearance was signs of limited liability companies. With the expansion of handicrafts and the expansion of the volume of these industries, joint ventures were no longer confined to brothers and sons, but acquaintances and friends also entered. The idea of ​​mutual representation played an important role in establishing the personal and joint responsibility of the members of this company towards other persons. However, after the advent of the company contract and the establishment of the company registration and announcement system, there was no need for the idea of ​​mutual representation, and each partner, if entering into a transaction, required the other partner against a third party. A limited liability company is a clear example of companies of individuals and alone contains all the distinguishing features of this type of company. This company is created on the credit of its constituents and its expiration is stopped due to the deterioration of this credit.

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