Legitimacy of Validating Shares of Directors of Joint-Stock Companies in the Legal Doctrines of Iran and Afghanistan

Abstract

Business Law, is a codified set of dos and don'ts for commercial business activities. This law has always been important to scientific societies due to the high incidence of the citizens' society. Since the business system of Muslims is considered by the Holy Sharia, the set of business laws of Iran is not oblivious to the inclusion of the view of the Sharia and considers it necessary to adapt these laws to the jurisprudence standards. The religion of Islam considers itself to have a comprehensive and comprehensive plan for all human issues. Since the upcoming commercial laws are derived from French secular laws and international conventions, the need for jurisprudential revision of these laws will be considered a serious demand. What is included in the short time of this research is the jurisprudential examination of the legitimacy of the endorsement/allocation of the shares of the managers of joint stock companies, which has not been research so far in no legal jurisprudence research, with a comparative procedure and also with an emphasis on inferential jurisprudential evidences regarding the objective rejection of the collateral. According to Article 114 of Iran's Commercial Law Amendment Bill and the second note of Article 47 of Afghanistan's Commercial Law, directors of joint-stock companies are required to approve a certain number of shares during their term of office. The view of Sharia and civil law will face a serious challenge. Also, this view on the conditions of the mortgage contract can be found in the civil law. this research on the grownd of objectines is developmental and based on need the hypottesis is descriptihe.

Keywords

• mortgage
• directors' shares
• joint stock companies
• collateral shares