به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
استادیار حقوق گروه الهیات. دانشکده علوم انسانی و ورزشی. دانشگاه گنبدکاووس
کلیدواژهها
عنوان مقاله English
نویسنده English
In commercial companies, shares cannot be transferred via a simple private agreement without being recorded in the company's share register; while a transfer effected through a simple private document may be valid between the parties themselves, it is not enforceable against the company or third parties. The Third Branch of the Supreme Court has also characterized the transfer of shares in commercial companies as a formal act, noting that the principle of consensual contracts and traditional civil law rules do not apply in this context. Regarding the assessment of corporate share profits and proceeds, if the matter is referred to an expert, the expert is required to clarify the issue through a precise audit and detailed analysis; an expert opinion cannot consist of vague generalizations or lack the necessary details and calculations. Furthermore, the court cannot disregard an expert appointment order without a logical justification. In the present case, citing the aforementioned defects, the Supreme Court deemed the trial court's examination incomplete; consequently, it overturned the judgment and remanded the case to the issuing court for further proceedings and assessment.
کلیدواژهها English
