TY - JOUR ID - 119272 TI - A Comparative-Analytical Study of Reconstruction of Educational Activity According to Amendments of Commercial Law in Iran, France and the United States JO - Iranian Journal of Comparative Education JA - IJCE LA - en SN - 2588-7270 AU - Sayadian, Shahrokh AU - Saghri, Mohammad AU - Mohseni, Farid AD - PhD Student in Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran AD - PhD in Private Law - Retired Assistant Professor, University of Judicial Sciences AD - PhD in Criminal Law - Associate Professor, University of Judicial Sciences Y1 - 2020 PY - 2020 VL - 3 IS - 4 SP - 862 EP - 873 KW - Bankruptcy KW - Commercialization of Education KW - Reconstruction KW - Stakeholders KW - trade law KW - France KW - USA DO - 10.22034/ijce.2020.231312.1148 N2 - 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. UR - https://journal.cesir.ir/article_119272.html L1 - https://journal.cesir.ir/article_119272_13c79a497abb9f3ee29f7bbe3bcc3762.pdf ER -