چکیده:
The main question is the legal nature of non-governmental organizations in the Iranian legal system. The hypothesis of this article is that these organizations have a non-sovereign, non-profit, and non-political nature and also converge in terms of their specific tasks in implementing the ideals of the Constitution. In this article, using the teleological interpretation method, the subject under review and the hypothesis of the article (with more detailed scrutiny) have been proven.
خلاصه ماشینی:
"2 Definition by Salamon-Lester and Helmut Anheier: "A non-governmental organization is an independent, flexible, democratic, and non-profit entity that focuses its activities on helping to strengthen the economic and social foundations of marginalized groups, solving public problems, and sometimes addressing the issues of a specific class.
"8 The Executive Regulations for the Establishment and Activity of Non-Governmental Organizations in Iran, approved in 1383, stipulates in the definition of non-governmental organizations: "Refers to associations established voluntarily by a group of non-governmental natural or legal persons in compliance with relevant regulations, which have non-profit and non-political objectives.
According to Article 485 of the Commercial Code, institutions established for non-commercial purposes will acquire legal personality after registration in the special offices of the Ministry of Justice, and in the regulations related to the formation and activity of these organizations, the founding board is considered to have at least five members.
41 In contrast to French law, in Switzerland, non-governmental organizations acquire legal personality as soon as their articles of association are approved by the members, and they do not need to obtain a permit or be supervised by public authorities.
Non-governmental organizations are connected to the public sphere through their legal personality on one hand, and because of their rights and responsibilities (special tasks) on the other; therefore, constitutional rules are related to these institutions both as a guarantee of their freedom and due to the structural frameworks of these entities and the powers that the sovereignty may occasionally hold against them.
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