A Comparative-Analytical Study of Reconstruction of Educational Activity According to Amendments of Commercial Law in Iran, France and the United States

The commercialization of education in various countries of the world is on rise; however, many aspects of it are still unknown. One of the challenges is position of educational business in commercial law, especially in difficult economic situations such as downtime. The purpose of this paper is to a...

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Autores principales: Shahrokh Sayadian, Mohammad Saghri, Farid Mohseni
Formato: article
Lenguaje:EN
Publicado: Comparative Education Society of Iran ( CESIR) 2020
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Acceso en línea:https://doaj.org/article/78066960c5844dd69fd4072470c38243
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spelling oai:doaj.org-article:78066960c5844dd69fd4072470c382432021-11-17T10:05:20ZA Comparative-Analytical Study of Reconstruction of Educational Activity According to Amendments of Commercial Law in Iran, France and the United States2588-72702676-498910.22034/ijce.2020.231312.1148https://doaj.org/article/78066960c5844dd69fd4072470c382432020-11-01T00:00:00Zhttp://journal.cesir.ir/article_119272_13c79a497abb9f3ee29f7bbe3bcc3762.pdfhttps://doaj.org/toc/2588-7270https://doaj.org/toc/2676-4989The commercialization of education in various countries of the world is on rise; however, many aspects of it are still unknown. One of the challenges is position of educational business in commercial law, especially in difficult economic situations such as downtime. The purpose of this paper is to analyze reconstruction of educational activities with an emphasis on commercial law in Iran and selected countries from a comparative perspective. Accordingly, the research method was comparative-analytical and method of data collection is documentary. Data analysis method is a descriptive-analytical approach according to Theisen, and Adams’ categories. The findings of study showed that educational business in Iran has several legal loopholes in terms of determining legal status in commercial law. The second finding reveals that there is disagreement between ministries and various organizations of Iran regarding business nature of educational activity. In this way, the various ministries disagree with each other in deciding on commercial issues - such as bankruptcy, stopping and rebuilding educational businesses - and follow different rules. In addition, the research findings show similarities and differences between Iran and France and the United States regarding to educational trade law. The common denominator of three countries is legislator's attention to continuation of business after bankruptcy with priority of main investor. The main difference is frequent referral of Iranian legislators to civil law to settle lawsuits between stakeholders. In view of these findings, it is proposed that an educational commercial law that is independent of commercial law and civil law be prepared and approved by legislators.Shahrokh SayadianMohammad SaghriFarid MohseniComparative Education Society of Iran ( CESIR)articlebankruptcycommercialization of educationreconstructionstakeholderstrade lawfranceusaEducationLENIranian Journal of Comparative Education, Vol 3, Iss 4, Pp 862-873 (2020)
institution DOAJ
collection DOAJ
language EN
topic bankruptcy
commercialization of education
reconstruction
stakeholders
trade law
france
usa
Education
L
spellingShingle bankruptcy
commercialization of education
reconstruction
stakeholders
trade law
france
usa
Education
L
Shahrokh Sayadian
Mohammad Saghri
Farid Mohseni
A Comparative-Analytical Study of Reconstruction of Educational Activity According to Amendments of Commercial Law in Iran, France and the United States
description The commercialization of education in various countries of the world is on rise; however, many aspects of it are still unknown. One of the challenges is position of educational business in commercial law, especially in difficult economic situations such as downtime. The purpose of this paper is to analyze reconstruction of educational activities with an emphasis on commercial law in Iran and selected countries from a comparative perspective. Accordingly, the research method was comparative-analytical and method of data collection is documentary. Data analysis method is a descriptive-analytical approach according to Theisen, and Adams’ categories. The findings of study showed that educational business in Iran has several legal loopholes in terms of determining legal status in commercial law. The second finding reveals that there is disagreement between ministries and various organizations of Iran regarding business nature of educational activity. In this way, the various ministries disagree with each other in deciding on commercial issues - such as bankruptcy, stopping and rebuilding educational businesses - and follow different rules. In addition, the research findings show similarities and differences between Iran and France and the United States regarding to educational trade law. The common denominator of three countries is legislator's attention to continuation of business after bankruptcy with priority of main investor. The main difference is frequent referral of Iranian legislators to civil law to settle lawsuits between stakeholders. In view of these findings, it is proposed that an educational commercial law that is independent of commercial law and civil law be prepared and approved by legislators.
format article
author Shahrokh Sayadian
Mohammad Saghri
Farid Mohseni
author_facet Shahrokh Sayadian
Mohammad Saghri
Farid Mohseni
author_sort Shahrokh Sayadian
title A Comparative-Analytical Study of Reconstruction of Educational Activity According to Amendments of Commercial Law in Iran, France and the United States
title_short A Comparative-Analytical Study of Reconstruction of Educational Activity According to Amendments of Commercial Law in Iran, France and the United States
title_full A Comparative-Analytical Study of Reconstruction of Educational Activity According to Amendments of Commercial Law in Iran, France and the United States
title_fullStr A Comparative-Analytical Study of Reconstruction of Educational Activity According to Amendments of Commercial Law in Iran, France and the United States
title_full_unstemmed A Comparative-Analytical Study of Reconstruction of Educational Activity According to Amendments of Commercial Law in Iran, France and the United States
title_sort comparative-analytical study of reconstruction of educational activity according to amendments of commercial law in iran, france and the united states
publisher Comparative Education Society of Iran ( CESIR)
publishDate 2020
url https://doaj.org/article/78066960c5844dd69fd4072470c38243
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