Document Type : Article
Assistant Prof., Department of Law, Human Sciences Faculty, Shams institude of Higher Education, Gonbad Kavous, Iran
Assistant Pro., Azad University, Central branch,Tehran, Iran
The concept of monopolistic concession and the emergence of chartered companies are based on three bases: the identification and integration of legal entities, limited liability, and monopoly. The institution of legal personality first emerged in guilds and regulated companies and the limited liability company is the product of chartered companies. But, among the three aforementioned bases, monopoly is the most prominent feature of a chartered company, namely the disqualification of citizens from an economic activity and its assignment to an internal or external person. Chartered companies are not a thing of the past; today, "charter" is also a feature of state-owned companies that are established to serve the public interest, relying on monopolies in business within the framework of law. In Iran, the law grants legal personality to such companies. This article uses a descriptive-analytical method to examine the legal basis of the emergence and disappearance of chartered companies and its impact on contemporary state-owned companies.
- A) Books
- Adams, Julia (2005), The familial state: Ruling families and merchant capitalism in early modern Europe, London, Cornell University Press.
- Chadhuri, Kirti. N (1978), The Trading World of Asia and the English East India Company 1660-1760,Cambridge, Cambridge University Press.
- Furber, Holden (1976), Rival empires of trade in the orient, 1600-1800,London: Oxford University Press.
- Harris, Ron (2000), Industrializing English Law: Entrepreneurship and Business Organization 1720-1844, Cambridge University Press.
- Koskenniemi, Marti (2001), The Gentle Civilizer of Nations The Rise and the Fall of International Law, Cambridge, Cambridge University Press.
- Nys, Ernest (1903), L'état indépendant du Congo et le droit international, Alfred Castaigne,Bruxelles, imprimeur des académies royales,.
- Pries,Tyler (2016), Petrobras in the History of Offshore Oil, New York,Oxford University Press, in New Order and Progress, Development and Democracy in Brazil, edited Ben Ross Schnieder.
- B) Articles
- Avi-Yonah, Reuven S (2005), "The cyclical transformations of the corporate form: a historical perspective on corporate social responsibility", Del. J. Corp. l. 30.pp. 767-818.
- Berg, Maxine et al (2015), "Private trade and monopoly structures: the East India companies and the commodity trade to Europe in the eighteenth century." Chartering Capitalism: Organizing Markets, States, and Publics, Emerald Group Publishing Limitedpp, pp.3-39.
- Carlos, Ann M. & Kruse, Jamie Brown (1996), "The decline of the Royal African Company: fringe firms and the role of the charter", Economic History Review, pp. 291-313.
- Ellis, George E (1886), "Hudson Bay Company, 1670-1870", Journal of the American Geographical Society of New York, pp. 127-136.
- Erikson, Emily & Bearman, Peter (2006), "Malfeasance and the foundations for global trade: The structure of English trade in the East Indies, 1601–1833", American Journal of Sociology 112.1, pp. 195-230.
- Hodacs, Hanna (2016), "Chartered companies", The Encyclopedia of Empire, pp. 1-6.
- Lucassen, Jan (2004), "A multinational and its labor force: the Dutch East India Company, 1595-1795", International Labor and Working-Class History, pp. 12-39.
- Machen, Arthur W (1911), "Corporate Personality (continued),"Harvard Law Review, 24.5, pp. 347-365.
- McLean, Janet (2004), “The transnational corporation in history: Lessons for today?”, Indian Law Journal, Vol. 79, Issue.2, pp. 363-378.
- Neff, Stephen C (2001), "Wilhelm G Grewe. The Epochs of International Law", Journal of the History of International Law 3.2, pp. 252-254.
- Robertson, Jeffrey & Funnell, Warwick (2012), "The Dutch East-India Company and accounting for social capital at the dawn of modern capitalism 1602–1623", Accounting, Organizations and Society 37.5, pp. 342-360.
- Roukis George S (2004), "The British East India Company 1600‐1858: A model of transition management for the modern global corporation", Journal of Management Development,, Vol. 23, No. 10, pp. 938-948.
- Sahni, Binda (2013), "A legal analysis of the British East India Company", Acta Juridica Hungarica, Vol.54, No.4, pp. 317-330.
- Scott, William Robert (1903), "The constitution and finance of the Royal African Company of England from its foundation till 1720", The American Historical Review 8.2, pp. 241-259.
- Sutton, Jean (1990), "The English East India Company; The Historical Perspective", The International Journal of Nautical Archaeology and Underwater Exploration, Vol.19, Issue1, pp.5-12.
- Van der Kroef, Justus M (1948), "The Decline and Fall of the Dutch East India Company", The Historian, Vol. 10, No. 2, pp. 118-134.
- C) Documents
- Charter and Supplement Charter of the Hudson's Bay Company, 1670.
- Charter granted by Queen Elizabeth to the East India Company, 1600.
- Charter of the Dutch East Indies Company, Verenigde Oostindiche Compsgnie, VOC, 1602.
- Reynders Peter, Translator; Gerristen Rupet, Editor, A Translation of the Chartes of the Dutch East Indies Company (Verenigde Oostindiche Compsgnie (VOC), Granted by the States General of the United Netherlands, 20 March 1602, Published by Australia on the Map Division of the Australian Hydrographic Society, 2009, 2011 Revised Edition.
28.The History of Hudson Bay Company (Published by Permission of the Governor and Committee of the Hudson's Bay Company), Polar Record, Vol. 2, Issue 9, 1935, pp. 59-60
Refrences In Persian:
- A) Books
- Eskini, rabi'a (1997), commercial law, trading corporation, Vol. 2, Samt press (In Persian).
- Noah Harari, Yuval (2015), Sapiens: A Brief History of Humankind, New York Times, New York Times Bestseller (In Persian).
- B) Articles
- Ghadrdan, Hamid (2006), "The position and role of guilds in economic developments", Bimonthly Business Review, third year, No. 17, pp.3-9 (In Persian).
- Soleimani, karim & Parvareh, Mehdi (2015)," The rise of the city and urbanization in the Middle Ages, from the egalitarianism of the professional guilds to the domination of the commercial guilds", Two Quarterly Journal of Social History Research, fifth year, No. 10, pp. 83-102 (In Persian).
- C) Law
- Law on the Implementation of General Policies, Article 44 of the Constitution, 8/11/2007 (In Persian).