Legal and Juridical Restudy of the Nature of Stocks and the Contract of its Assignment
The research done so far on the nature of stock has been based on the classification of law into actual right and chose in action, which is totally incompatible with the Islamic law principles such as its consideration of "right and ownership". The writer of this article has, therefore, re...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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Imam Sadiq University
2015-10-01
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| Series: | تحقیقات مالی اسلامی (پیوسته) |
| Subjects: | |
| Online Access: | http://ifr.journals.isu.ac.ir/article_1792_573922349e0b315cc0017752701ce976.pdf |
| Summary: | The research done so far on the nature of stock has been based on the classification of law into actual right and chose in action, which is totally incompatible with the Islamic law principles such as its consideration of "right and ownership". The writer of this article has, therefore, restudied its nature with a critical and comparative approach to the previous studies, using a descriptive- analytical method and basing the argument on the fundamentals of Islamic law. One of the achievements of this research is the proprietary nature of the rights of the company shareholders. In this way, the company itself as a subjective concept is owned by shareholders and the contract of transfer of shares is thing of a general nature. The shareholders of joint stock companies are, actually, its joint owners, and the company itself as a legal entity is the owner of its property and assets. |
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| ISSN: | 2251-8290 2588-6584 |