1 دانشیار دانشکده حقوق دانشگاه قم
2 دانشجوی دکتری حقوق خصوصی دانشکده حقوق دانشگاه مفید
عنوان مقاله [English]
Relation between legal actions, and commercial issues with eachother causes some special rules for each matter. Some of these rules, naturally, are derived from original and special feature, and some are because of subordinate or not specific (general) traits of each action. So, knowing the rules of some entities is doubtful, and determining a sure form is difficult. Marketing is one of the unique entities. In fact, this doubt is raised that it's a sign of one of these entities, because of relative similarity among some of them such as agency (attorney), agent, commercial broker, and commission. However, differences that exist between marketing, and each of these entities, strengthen this thought that it would be possible to consider marketing as a separate entity from similar legal, and economic entities, and enact mere specific rules for them. This paper, by considering the special function of marketing, studies this entity in the light of law, and analyzes its aspects, and reject marketing separation theory (as an original entity), and considers it as a subordinate entity that has complementary function that should have special rules that would be pertinent with depended to others' positions. These rules in Securities market, that is the field of financial institutions, have also special importance.