نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه دامغان
2 استادیار حقوق خصوصی/ یزد،دانشگاه یزد، دانشکده حقوق، علوم سیاسی و تاریخ
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Article 40 of the amendment bill, a part of the commercial law, considers the transfer of shares without registration in the company's share register invalid for the company and third parties. While the transfer of shares is invalid against the company and third parties, rights may be created for third parties, including the right of ownership or secondary objective rights, and it should be seen how far the incompatibility between the transferred rights and third parties and what the effects are in this assumption. In this article, after explaining the philosophy of share registration in the company's stock registry and determining the guarantee of implementation of non-invoicing for the transfer of unregistered shares, this article has been investigated using an analytical method and a library method. Finally, the conclusion was reached that the inability to rely on the transfer of shares against the company is absolute, and against third parties, it is bound by their ignorance and beneficiary status. If the third party is the second transferee and is not aware of the rights of the first transferee, in this assumption, the rights of the first transferee cannot be citable against him, and the first transferee must refer to the carrier to compensate his loss. If the third party is also the owner of subordinate objective rights, his right always takes precedence over the transferred ownership right.
کلیدواژهها [English]
)