نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Due to the existence of several views regarding the nature of the composition operation and the collective labor agreement and the summaries contained in the decrees related to their dissolution, the question arises whether in these legal relations, the will of one or both parties, outside of the legal cases, can cause their dissolution?
In the present study, a positive answer has been given to the feasibility of extending the general rules of contract dissolution to composition contract and the collective labor agreement as two prominent examples of collective contracts in Iranian law. In the following, each of the causes of voluntary dissolution was examined separately and it has been concluded that the cases of legal termination of the composition contract is not limited to what is allowed, and all the legal options that can be used in the composition contract, if the conditions are met, can be a reason for termination, but you should refuse to accept any majority other than the case where all creditors agree to the termination; However, the termination of the composition contract based on the option of a condition or the condition of termination or reduction by any majority should not be considered valid; However, the collective labor agreement does not face these restrictions, and if the union's will is in accordance with its internal rules, this will can provide reasons for the dissolution of the agreement in the form of any of the reasons for voluntary dissolution.
کلیدواژهها English