The nature of management transfer in the privatization of public companies with a comparative study in German law in line with regional planning

Authors

1 PhD student in private law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.

2 Assistant Professor, Department of Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.

10.22034/jgeoq.2024.218464.2316

Abstract

Privatization of state-owned companies was a measure to improve the economic conditions of societies, which first started in European countries and then was applied in other countries. In this regard, countries used different methods; One of these methods was privatization through management transfer. In the present study, the nature of management transfer in the privatization of state-owned companies and its adaptation to German law have been studied with the analytical-descriptive method. In this research, with a comparative approach, the discussion of privatization through the transfer of management, the conditions and methods used in this method, its challenges and gaps are examined and various aspects of the issue are considered. The results of the research indicate that in Germany, this method was used along with the ownership transfer method through negotiation, auction and bargaining. The country of Iran also foresees this method along with the ownership transfer method, which is done in three ways: leasing, general contracting and contract management, generally through auctions and tenders. But it must be said that this method is less used in practice and the most used method is the transfer of ownership of the company. Apart from this, it should be acknowledged that privatization is an interdisciplinary issue. With the explanation that regardless of economic dimensions and its effects and results, the necessity of analyzing the nature of management transfer in this process is undeniable.

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