A discussion about the transactions of commercial and civil companies مقاله

خلاصه ماشینی:

In response to this question, it should be said that: Firstly, according to Article 4 of the Commercial Code, which stipulates that “transactions involving real estate are excluded from the scope of transactional authority of “companies mentioned in paragraphs 2 to 7 of Article 20 of the Commercial Code,” but at the same time, it cannot be argued that these companies have no other limitations for carrying out other civil transactions, because if the companies in question engage in transactions that, according to commercial practice, fall outside the scope of commercial law, such transactions of the aforementioned commercial companies cannot be considered commercial, such as when a limited liability company engages in mining operations, or cultivates and harvests agricultural products, or engages in gardening. Because, if the legislator had a different intention and viewed the possibility of carrying out civil transactions by joint stock companies and other companies mentioned in Article 20 of the Commercial Code with a single perspective, and its intention in drafting Article 2 of the “Amendment Law of 1967” was merely to authorize the performance of real estate transactions by public and private joint stock companies, it would have phrased it as follows: “A joint stock company is considered a commercial company, even if the subject of its operations is the performance of real estate transactions.