Investigating how to compensate damages in a law firm in comparison with civil companies

Document Type : Original Article

Authors

1 Instructor of Private Law Group and Registration Group

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

10.30510/psi.2022.344245.3509

Abstract

The scope of activities of commercial companies is much wider than that of real traders, and equally important is the bankruptcy of commercial companies. One of the commercial companies is a joint stock company, which is a company of individuals and its credit depends on the credit of its partners, and if the creditors of this company fail to meet their claims from the company due to insufficient property, Individually and by referring to all of them will be jointly and severally. Regarding the claim for contractual damages (obligation) in Iranian law, both in civil law and in commercial law, it is not possible to change the amount of damages agreed by the court with the explicit ruling of the legislator. In Iranian law, the obligation to pay damages is limited, but this procedure is not accepted in foreign law, including in common law, written law and Egyptian law, and the judge can change the amount of contractual damages if certain conditions are met. In foreign law, the obligation can be both in the form of lump sum damages and can have the aspect of a punitive condition. Therefore, if the court finds and concludes that the obligation has a punitive aspect. Hence, he can order non-payment.

Keywords

Political Sociology of Iran
Volume 5, Issue 12
February 2023
Pages 1049-1059

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