A Comparative Study of the Duty of Loyalty of Company Directors and Its Impact on Conflict of Interest Management and Data Retention in Iranian and English Law
Today, in the common law system, in order to secure the interests of the shareholders and preserve the company's information, compliance with the "duty of loyalty" is considered the most important regulation for managers. This regulation plays an essential role in the compliance and c...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Shahr-e- Danesh Research And Study Institute of Law
2024-06-01
|
| Series: | پژوهشهای حقوقی |
| Subjects: | |
| Online Access: | https://jlr.sdil.ac.ir/article_162761_238d16c7991a65964b1f150b3a351b3c.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1841544694545252352 |
|---|---|
| author | mohammadreza Pasban salah mahmoodi |
| author_facet | mohammadreza Pasban salah mahmoodi |
| author_sort | mohammadreza Pasban |
| collection | DOAJ |
| description | Today, in the common law system, in order to secure the interests of the shareholders and preserve the company's information, compliance with the "duty of loyalty" is considered the most important regulation for managers. This regulation plays an essential role in the compliance and compatibility of managers' obligations with other legal systems. Based on this, considering the foundation of this concept based on the fiduciary principles in the common law system, it can be used as a fundamental concept in the corporate law of Iran and other countries. In addition to the fact that the rules of corporate governance and the theory of the independence of managers are the result of the development and impact of the Common Law system in the matter of fulfilling the duty of loyalty and dealing with conflict of interests, the penetration of these rules into Iranian law in the laws of commerce (1311 and 1347) and the securities market (1384) ), in addition to checking and legal review, it sometimes requires revision and modification of the texts of these laws. In this research, for the first time, relying on the analytical-comparative method and after stating some key issues, it is attempted to investigate and analyze the way to ensure the duty of loyalty and at the same time the examples of its violation, in the issue of conflict of interest management and information preservation. Legal solutions companies should be inferred. |
| format | Article |
| id | doaj-art-ba1ed057caf9418794e8aadc08b07485 |
| institution | Kabale University |
| issn | 1682-9220 2717-0020 |
| language | English |
| publishDate | 2024-06-01 |
| publisher | Shahr-e- Danesh Research And Study Institute of Law |
| record_format | Article |
| series | پژوهشهای حقوقی |
| spelling | doaj-art-ba1ed057caf9418794e8aadc08b074852025-01-12T12:21:59ZengShahr-e- Danesh Research And Study Institute of Lawپژوهشهای حقوقی1682-92202717-00202024-06-01235740943810.48300/jlr.2022.352833.2127162761A Comparative Study of the Duty of Loyalty of Company Directors and Its Impact on Conflict of Interest Management and Data Retention in Iranian and English Lawmohammadreza Pasban0salah mahmoodi1Professor, Department of Private Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.PhD Student in Private Law, Faculty of Law and Political Science, University of Allameh Tabataba'i, Tehran, Iran.Today, in the common law system, in order to secure the interests of the shareholders and preserve the company's information, compliance with the "duty of loyalty" is considered the most important regulation for managers. This regulation plays an essential role in the compliance and compatibility of managers' obligations with other legal systems. Based on this, considering the foundation of this concept based on the fiduciary principles in the common law system, it can be used as a fundamental concept in the corporate law of Iran and other countries. In addition to the fact that the rules of corporate governance and the theory of the independence of managers are the result of the development and impact of the Common Law system in the matter of fulfilling the duty of loyalty and dealing with conflict of interests, the penetration of these rules into Iranian law in the laws of commerce (1311 and 1347) and the securities market (1384) ), in addition to checking and legal review, it sometimes requires revision and modification of the texts of these laws. In this research, for the first time, relying on the analytical-comparative method and after stating some key issues, it is attempted to investigate and analyze the way to ensure the duty of loyalty and at the same time the examples of its violation, in the issue of conflict of interest management and information preservation. Legal solutions companies should be inferred.https://jlr.sdil.ac.ir/article_162761_238d16c7991a65964b1f150b3a351b3c.pdfconflict of interestcompany directorsduty of loyaltyconfidentialityconfidential information |
| spellingShingle | mohammadreza Pasban salah mahmoodi A Comparative Study of the Duty of Loyalty of Company Directors and Its Impact on Conflict of Interest Management and Data Retention in Iranian and English Law پژوهشهای حقوقی conflict of interest company directors duty of loyalty confidentiality confidential information |
| title | A Comparative Study of the Duty of Loyalty of Company Directors and Its Impact on Conflict of Interest Management and Data Retention in Iranian and English Law |
| title_full | A Comparative Study of the Duty of Loyalty of Company Directors and Its Impact on Conflict of Interest Management and Data Retention in Iranian and English Law |
| title_fullStr | A Comparative Study of the Duty of Loyalty of Company Directors and Its Impact on Conflict of Interest Management and Data Retention in Iranian and English Law |
| title_full_unstemmed | A Comparative Study of the Duty of Loyalty of Company Directors and Its Impact on Conflict of Interest Management and Data Retention in Iranian and English Law |
| title_short | A Comparative Study of the Duty of Loyalty of Company Directors and Its Impact on Conflict of Interest Management and Data Retention in Iranian and English Law |
| title_sort | comparative study of the duty of loyalty of company directors and its impact on conflict of interest management and data retention in iranian and english law |
| topic | conflict of interest company directors duty of loyalty confidentiality confidential information |
| url | https://jlr.sdil.ac.ir/article_162761_238d16c7991a65964b1f150b3a351b3c.pdf |
| work_keys_str_mv | AT mohammadrezapasban acomparativestudyofthedutyofloyaltyofcompanydirectorsanditsimpactonconflictofinterestmanagementanddataretentioniniranianandenglishlaw AT salahmahmoodi acomparativestudyofthedutyofloyaltyofcompanydirectorsanditsimpactonconflictofinterestmanagementanddataretentioniniranianandenglishlaw AT mohammadrezapasban comparativestudyofthedutyofloyaltyofcompanydirectorsanditsimpactonconflictofinterestmanagementanddataretentioniniranianandenglishlaw AT salahmahmoodi comparativestudyofthedutyofloyaltyofcompanydirectorsanditsimpactonconflictofinterestmanagementanddataretentioniniranianandenglishlaw |