چکیده:
According to Article 139 of the Constitution, for referring disputes regarding public or state assets to arbitration, the approval of the Council of Ministers or the Islamic Consultative Assembly is necessary and required, as the case may be. Jurists have discussed and examined this principle from various angles. However, most discussions relate to the arbitration party and how to refer disputes to arbitration, while the subject of arbitration has been less scrutinized. In this article, an effort has been made, in light of current regulations—especially the Commercial Code and financial and accounting laws—to provide a clearer interpretation of Article 139 of the Constitution by examining the definition of 'public and state assets' and further investigating the nature and determining the instances of these types of assets, with the view that the aforementioned conditions extend to the subject of arbitration, not the arbitration party.
خلاصه ماشینی:
Examining the Extension of the Conditions of Article 931 of the Constitution to the Assets of State-Owned Companies Seyyed Asghar Hendi1 Abstract According to Article 931 of the Constitution, for referring disputes regarding public or state assets to arbitration, the approval of the Council of Ministers or the Islamic Consultative Assembly is necessary and required, depending on the case.
In this article, in light of current regulations, especially the Commercial Code and financial and accounting laws, an attempt has been made—while examining the definition of "public and state assets" and through further investigation into the nature and identification of these types of assets—to provide a clearer interpretation of Article 931 of the Constitution, with the view that the aforementioned conditions extend to the subject matter of arbitration rather than the arbitral party.
For this reason, in this writing, an effort has been made, taking into account current regulations and their analysis, especially the Commercial Law and financial and accounting laws, to provide a clearer interpretation of Article 131 of the Constitution—with the view that the aforementioned conditions apply to the subject matter of arbitration and not the arbitral party—while examining the definition of "public and state assets," investigating more deeply the nature of this type of property and determining its instances, and also discussing and concluding regarding the applicability or non-applicability of the said article to the assets of state-owned companies.
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