comparative study of the three duties of care, skill and reasonable diligence for directors of commercial companies in British and Iranian law

Document Type : Academicm and Research

Authors

1 PhD Candidate in Private Law, Faculty of Law & Political Sciences, University of mazandaran, babolsar, Iran

2 Professor, Department of Private Law, University of Mazandaran, babolsar, Iran

3 Assistant Professor, Department of Private Law, University of Mazandaran, babolsar, Iran

10.22091/csiw.2024.11050.2566

Abstract

In English law, by writing the general duties of commercial companies directors in the Companies Act of 2006, A more transparent law was established, which has made easier access possible for all people. One of the most important duties that was paid attention to in this law is the requirement of directors to have skill, care and diligence in managing the affairs of the company. On this basis, in this research,In a comparative way and by relying on the analytical descriptive method, examine this issue in English law as one of the advanced legal systems with Iranian laws. Finally, we concluded that although there are some signs of these issues in the scattered rules and laws of Iran, the legal gap cannot be denied and legal and jurisprudential laws cannot fill the existing legal gap. Therefore, the necessity to compile and formulate comprehensive laws in relation to this duty and assigning an independent title to it in the commercial law, Like many advanced legal systems especially for aligning with international trade laws is strongly felt.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 18 December 2024

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