; Jurisprudential-legal analysis of service companies with emphasis on judicial procedure;

Document Type : Original Article

Authors

1 Ph.D. Candidate of Management of International Oil and Gas Contracts, Allame Tabataba’i University

2 Assistant Professor of Law, Allame Tabataba’i University

10.29252/jlr.2022.222651.1948

Abstract

One of the most widely used and common events in the society today is the agreements that have been made under the name of service companies between the weak classes as a workforce with the owners of capital, with different titles including partnership agreement or subject agreement. Article 10 of the Civil Code or the partnership contract is concluded;The activities of these companies are common in the society and they go to court to resolve disputes by resolving disputes. The question we will address in this article is what will happen to service companies? If he believes that such companies are in fact a mixture of companies and nobles in Imami jurisprudence considering the theory of the majority of jurists, he should consider their invalidity in such a way that the Shari'ah validates it by signing and not rejecting it. Has put the common operations in the custom of the society; While analyzing the views of jurists and jurists and judicial practice and while violating the views of jurists on the invalidity of Abdan Company, we believe in the validity of Abdan Company and service companies as one of its divisions without any reliance on other complementary contracts such as peace or advocacy. Been, under the headings of civil company contract with the subject of services or lease of persons for a certain period Or labor and employer contracts will be included.

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History

  • Receive Date: 03 July 2021
  • Revise Date: 28 December 2021
  • Accept Date: 29 January 2022

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