According to Article 3 of the Building Control and Engineering System Law, “engineering system organizations are non-profit and are subject to general rules and regulations governing non-profit institutions.”
Article 584 of the Trade Law defines these organizations and institutions as consisting of a group of people for non-commercial purposes, both for-profit and non-profit.
Article 1 of the Amended Regulations for the Registration of Non-Commercial Organizations and Institutions approved in 1337 states: “Non-commercial organizations and institutions mentioned in Article 584 of the Islamic Republic of Iran are meant for non-commercial purposes such as scientific or literary affairs or charitable affairs and It is formed like that. Whether the founders intend to profit or not.”
Therefore, the distinctive feature of this group of legal entities can be seen in their non-commercial purposes. whether they have a profit aspect or lack this aspect. In other words, these legal entities are formed for purposes other than the acquisition of profits and benefits and their distribution among partners, and their main goal is to participate in the efforts of partners in these groups, to promote and encourage scientific, cultural, and sports affairs, as well as to secure trade interests.
Therefore, referring to the Law of Engineering and Building Control and the above explanations, the organizations of the engineering system have the character of private rights and it seems that their main goal is to provide the interests of the engineers’ trade union. But this perception is not very correct and even though they have the character of private rights, but the organizations of the engineering system cannot be considered as a guild and with guild goals. Because referring to the note of Article 2 of the country’s Trade Union Law approved 12/06/1392 of the Islamic Council, “the trade unions that have a special law are excluded from the scope of this law.” A special law is a law based on which the manner of issuing activity licenses, regulating and coordinating the affairs of relevant units, monitoring, inspecting and dealing with the violations of individuals of the units covered by it is clearly determined in the text of the relevant law.
On the other hand, engineering system organizations have some characteristics of public law. The first and most important one is “how to establish and dissolve” them. The origin of the formation of all legal entities related to public law, without exception, is in the law. While the legal personality of private law is provided and created by the initiative and decision of natural persons or legal persons of private law. While the organizations of the engineering system were formed not by the initiative and decision of private legal entities, but by the will of the government and by submitting the bill dated 20/04/1374 to the government and its approval on 22/12/1374 in the Islamic Council. The second characteristic is their “activity and issuance of competence”. Public law persons are often engaged in public activities and in most cases are in charge of public affairs and have general and broad competence.
This post is written by Sara_Yaraei