The Necessity of a Commercial Lawyer’s Presence in Companies
A commercial lawyer is of great importance because commerce is one of the most widespread activities in all societies and engages a large portion of the population. Due to the breadth of this field and the large number of individuals involved, numerous commercial laws and regulations have been developed at both the international and domestic levels to organize commercial relations and resolve disputes arising from them.
Under Iranian law, commerce is likewise regarded as a highly significant matter and has been the subject of extensive legislative attention. In the Iranian Commercial Code, two issues are of particular importance: the definition of a merchant and the identification of commercial acts. Pursuant to this law, a merchant is a person whose ordinary occupation consists of commercial activities. Commercial acts are enumerated in the Commercial Code and include, among others, brokerage operations, the establishment of transportation institutions, the establishment of commercial factories, the organization of various exhibitions, banking and exchange operations, negotiable instrument transactions, and similar activities.
In Iranian law, due to the age of the Commercial Code and the lack of comprehensive amendments, practical difficulties have arisen. The Commercial Code, enacted in 1932, does not adequately respond to modern commercial needs. This shortcoming, together with profiteering and unlawful practices by some traders, has resulted in numerous commercial disputes in which a commercial lawyer must possess specialized expertise.
The Necessity of a Commercial Lawyer’s Role Within the Legal Structure of Companies
What Types of Commercial Claims Can a Commercial Lawyer Pursue?
In response to this question, it is appropriate to refer to several examples of commercial claims that may be brought before the courts:
- Bankruptcy proceedings.
- Claims relating to checks and commercial instruments, including claims for payment of checks, invalidation of checks, recovery of original checks, interim orders prohibiting payment, invalidation of endorsements, and other related matters.
- Claims relating to export and import activities of merchants.
- Claims relating to patents, including invalidation, certification, objections to registration, objections to published notices, and other related disputes.
- Claims relating to transportation.
- Copyright claims.
- Claims arising from commercial contracts.
- Intellectual and moral property disputes.
- Trademark and brand disputes.
- Industrial design disputes.
- Electronic commerce disputes.
It should be noted that, in some instances, the legislator has also assigned criminal liability to certain commercial activities, as addressed in both the Commercial Code and the Penal Code. This matter will be discussed in detail in future writings.
Frequently Asked Questions Regarding the Necessity of a Commercial Lawyer’s Presence in Companies
Commerce is a field of broad scope that engages a large number of people. Given the complexities and the numerous domestic and international legal regulations, engaging a specialized commercial lawyer is essential for organizing commercial relations and preventing disputes.
Under the Iranian Commercial Code, a merchant is a person whose ordinary occupation consists of commercial activities. Commercial acts include brokerage operations, the establishment of transportation institutions, commercial factories and exhibitions, banking and exchange operations, negotiable instrument transactions, and other commercial activities.
The Commercial Code enacted in 1932, due to its age, does not adequately meet modern commercial needs. This issue, combined with profiteering and unlawful conduct by some traders, has led to numerous commercial disputes that require the expertise of a commercial lawyer.
With thorough knowledge of applicable laws and regulations, a commercial lawyer can assist companies in preventing disputes, drafting contracts, and protecting intellectual and moral property rights, thereby helping to avoid legal and financial losses.
A commercial lawyer may bring various claims before the courts, including bankruptcy claims, claims relating to checks and commercial instruments, export and import disputes, transportation claims, copyright claims, commercial contract disputes, intellectual and moral property disputes, trademark disputes, industrial design disputes, and matters related to electronic commerce. Why is the presence of a commercial lawyer in companies important?
How are merchants and commercial acts defined under Iranian commercial law?
What problems exist in Iranian commercial law?
What is the necessity of a commercial lawyer’s presence in the legal structure of companies?
What types of claims can a commercial lawyer bring?
