The importance of identifying the situation of "conflict of interest" in the company law - a comparative study in the laws of Iran and the common law system

Articles in Press

Document Type : Research Paper

Authors

1 Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran

2 faculty of law and political sciences of allame tabatabai university

10.22034/law.2024.59244.3342

Abstract

From the beginning of the emergence of the legal personality of the company, the administration and management of multiple interests of the stakeholders is one of the main issues facing the directors. In general, this part of law is made up of legal rules about management, governance and regulation of rights and duties related to the conflicting interests of the company's stakeholders. Establishing the usefulness and management of these conflicts first requires identifying the nature and types of conflict of interest and recognizing it from similar institutions and legal situations; this will lead to the formulation of useful laws and policies. In spite of the lack of explicit policies regarding the identification of conflicts of interest and the existence of scattered rules in Iranian law, such as the "Corporate Governance director" approved on 4/27/1397 and articles 129-131, 134, 172 and 189 of the law amending a part of the approved commercial law. 1347, examples and solutions to deal with this situation have been compiled in the scientific works and legal system of Common Law. The present research, for the first time, aims to facilitate the identification of its nature and examples from other similar institutions by means of an analytical-comparative study of the basics of conflict of interest, its types and conditions.

Keywords

Main Subjects

Jurisprudence and Islamic Law

Articles in Press, Accepted Manuscript
Available Online from 12 November 2024

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