Jurisprudential Analysis of Joint and Several Liabilities in Business Companies

The study shows that the joint and several liabilities in business companies is contractual. The nature of this liability is stipulation in favor of third party. The history of legislation and the ideas of famous jurists in relation to effect of guarantee have created the ambiguity in the acceptance of the joint and several liabilities. Before the victory of the Islamic Revolution, the joint and several liabilities were expressed in several cases. After the victory of the Islamic Revolution, the legislator deleted some of the legal joint and several liabilities and in some cases restated it. By studying the legal joint and several liabilities, it was found that the legislator has accepted it. This acceptance shows that the contractual joint and several liabilities aren't in contrast with the law and Sharia, because the objection of jurists is available in legal joint and several liabilities, too. So, business companies with contractual joint and several liabilities are justifiable in the law and jurisprudence.