Non-opposability of Nullity in Commercial Companies

Iran's commercial law in several cases in the scope of commercial companies law has declared the company itself or the company’s operations and also actions of the organs of the company, null but consider this nullity non-opposable. Non-opposability of nullity is, as one of the important example of non-opposability, a situation in which legal element toward the direct parties is void and have no effect, whereas in respect of the third parties, like a correct legal element, is valid and effective. According to large similarity among the concept of non-opposability of nullity and relative nullity, an exact distinction between these concepts, become important. Especially with an exact terminology of the non-opposable nullity, the examples of non-opposability of nullity in commercial law, can be analyzed. This study wants, in addition to present an exact concept of non-opposability of nullity, study and analyze the various examples of this concept in the area of commercial companies including the nullity of the company itself or the company’s operations and actions of the organs of the company and thus resolve ambiguity and brevity in this regard.