زمان پيدايش شخصيت حقوقي و پيامدهاي آن

The Time of Creation a Legal Personality and Its Consequences

Although the concept of legal personality and its consequences can be found in the lawyersʹ discussions, different aspects of this issue particularly from practical and judicial point of view, with respect to its importance, has not been properly studied. The recognition of legal personality for a trading company inevitably brings about some effects, which not only there is no consensus among lawyers as to the coming into effect of those effects, but there is also a deep disparity as to the time of creation of this personality. The above dispute is mainly a result of how the provisions concerned legislated and their different legal languages. Having consideration on the French and English legal systems as well as Commercial Code Bill 1384 proves the necessity of removing the current ambiguities and inconsistency in the Iranian statutory law.