University of Tehran Law Quarterly 2588-5618 49 4 2019 12 22 LEGAL PERSON’S CAPACITY IN GRATUITOUS CONTRACTS LEGAL PERSON’S CAPACITY IN GRATUITOUS CONTRACTS 677 695 75381 10.22059/jlq.2020.229675.1006873 FA Sadegh Shariatinasab PhD in Private Law, Faculty of Law and Political Sciences, University of Tehran, Iran Journal Article 2017 04 08 In Iran law, it is often believed that legal persons have full and complete capacity (Article 588 Commerce Act). But there are some doubts about legal person’s capacity in gratuitous contracts: i) whether legal persons can understand "beneficence" means and if such a sense is imputable to legal person? ii) Is gratuitous contracts compatible with legal person’s aims and nature; especially with commercial companies?  iii) What is the range of state and public institutions capacity to gratuitous contracts? iv) Is there any capacity restriction to special gratuitous contracts such as testament; endowment; and personal suretyship? As a general rule any beneficence contract can be signed from legal person; whether as donor or done. The exceptions are the cases which human relations and motivations are more important than financial aspects (such testament), or when a contract naturally specialized for human (such suretyship), or when gratuitous contract is incompatible with the subject, aim, and philosophy of the legal person.   In Iran law, it is often believed that legal persons have full and complete capacity (Article 588 Commerce Act). But there are some doubts about legal person’s capacity in gratuitous contracts: i) whether legal persons can understand "beneficence" means and if such a sense is imputable to legal person? ii) Is gratuitous contracts compatible with legal person’s aims and nature; especially with commercial companies?  iii) What is the range of state and public institutions capacity to gratuitous contracts? iv) Is there any capacity restriction to special gratuitous contracts such as testament; endowment; and personal suretyship? As a general rule any beneficence contract can be signed from legal person; whether as donor or done. The exceptions are the cases which human relations and motivations are more important than financial aspects (such testament), or when a contract naturally specialized for human (such suretyship), or when gratuitous contract is incompatible with the subject, aim, and philosophy of the legal person.   https://jlq.ut.ac.ir/article_75381_c72bc94ee4d16a07c7854b9843fb9a65.pdf