History and concept of privatization in French and Iranian law

Document Type : Original Article

Authors

1 PhD student in Public Law, Islamic Azad University, Qom Branch

2 Assistant Professor of Islamic Azad University, Qom Branch

3 Assistant Professor Farabi Campus, University of Tehran

Abstract

The process of privatization in Iran began in 1978, and after the victory of the Islamic Revolution, with the passage of several laws, the phenomenon of privatization was seriously placed on the agenda of government officials. But the important point is that in the laws of Iran, there is no clear definition of privatization, private, public and public sector, and even some different legal materials, lead to the inference of concepts of heterogeneity with each other. Finally, the existing conclusions in this regard will not be possible except by studying the history of the debate at the global level and the leading countries in this field. France can be considered one of the pioneers of the privatization process. However, there is no definition of privatization in the country's laws, However, according to some legal materials and the history of debate in this country towards us, in the above-mentioned concepts, there is no serious theoretical difference in the legal and economic works of French scholars. Finally, the main question of the author is to study the nature and concept of privatization in Iran and France. In order to explain the hypothesis of the current research, it can be stated that privatization in France is limited to the mere transfer of assets of national companies to the private sector. But in Iranian law, privatization involves the transfer of assets, the removal of state control, and the transfer of public and private affairs to the private sector.

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