A STUDY OF NULLITY OF COMPANIES IN IRANIAN COMMERCIAL LAW

Nullity is a legal situation that is occurred because of disregarding of legal terms of credibility and legitimacy of legal acts, and it has retrogressive effect which is referable against all parties even good faith parties. Doing this rule, in commercial bargains, is a strict unjust issue. Because of the importance of commercial contracts, and necessity of protect third parties, legislators decrease the vulnerabilities and the scope of nullity in these contracts, and encourage parties to make contracts in which no hearing of nullity is claimable. Although in some cases the silence of legislator could cause to enforce general rules, nullity of commercial firms, especially financial corporations, as they are dealing with third parties, is important. Nullity, in Iran legal system, has two types: Absolute and relative, which their defining and interpreting would gain this general result that in Iran commercial Code regarding the rules of relative void provided obligatory.