نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه تهران ، دانشکده حقوق و علوم سیاسی
2 حقوفق خصوصی،دانشکدۀ حقوق دانشکدگان فارابی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The "Business registration " is a mechanism for identifying merchants and distinguishing them from non-merchants that has been the focused by the legislators of the Civil Law countries due to its especial legal effects for ensuring transaction security.
However, different countries based on their needs assessments and their fundamental foundations in the objective, subjective or mixed commercial law system, have predicted a model of merchants’ registration systems that has fundamental differences from each other and shows different legal functions.
Therefore, the question is what functions does the merchants’ registration basically provide, and according to these functions, what are the types of merchants’ registration systems.
This study with comparative- analytical view has concluded that " Merchants’ Registration” has come into existence with the two goals of "Accelerating, facilitating and guaranteeing commercial operations" in the private sector and "governance control and supervision of commerce" in the public sector; And in this field, the legal systems have used three different models based on the "role of business register book in recognition of merchant " component, that registration mechanism based on an objective system is more efficient than two other in fulfilling the expected legal functions;
In this regard, some legal reforms are recommended for the implementation of the objective registration system in Iranian law.
کلیدواژهها [English]
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