The Basics of Civil Liability of Insider Trading in Capital Market
Quarterly Journal of Securities Exchange

Quarterly Journal of Securities Exchange

The Basics of Civil Liability of Insider Trading in Capital Market

Document Type : Original Article

Author
Assistant Professor, Department of Private Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
Regardless of the criminal liability of insider trading’s perpetrator, which has been brought to the attention of the legislator in Clause 2 of the Article 46, the Securities Market Law, the discussion of validity and civil effects of such a transaction with the aim of eliminating or compensating the other party’s damage of the transaction is one of the major issues can be raised in this context, and if this type of securities transaction is considered valid, the civil liability of the factors involved in the realization of the transaction is one of the most important issues that can be raised regarding the said transaction. A subject that, despite its importance and unique features, lacks specific regulations in the existing laws. For this reason, it is necessary to answer the questions raised in this field by resorting to legal generalities and legal principles. In the meantime, taking into account the specific requirements of the capital market is effective in realizing the elements of the civil liability of the trader by using Inside information, and it requires that the examples, customs and special characteristics of the capital market be taken into account in applying the titles. A matter that in some cases interprets the concept of "Damage", " Negligence " and "causality" somewhat differently and it is necessary to identify the factor or factors responsible for compensating the damage and the contribution of each one in this field.
Keywords
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Amelikaraki, Ali Ibn Hossein (1993), the Compendium of Objectives in Explaining the Rules, Volume 6, Qom: Alolbayt Foundation. (In Persian).
Badini, Hasan. (2011), Comparative Study of Reparability of Economic Loss in Tort Law, Private Law Studies Quarterly, 41(1): 59-78. (In Persian).
Bariklou, Alireza. (2008), Civil Responsibility, Tehran: Mizan Legal Foundation. (In Persian).
Campion, John A., Dimmer, Diana W. (1994). Professinal Liability in Canada, Ontario: Carswell.
Ebrahimi, Maryam. (2011), Civil Liability for Violation of Disclosure Regulations in Securities Trading (A Comparative Study of Iran and us Law), Journal of Securities Exchange, 4(15): 161-189. (In Persian).
Financial Services Authority, Consultation Paper 10(1998). Market Abuse, Part2. Draft Code of Market Conduct, London: Financial Services Authority.
Hosseini Maraghi, Mirabdolfattah. (1997), the Titles, Qom: Islamic Publishing Foundation. (In Persian).
Joneydi, Laya, Norouzi, Mohammad (2010), Identification of the  Nature of Inside Information in Stock Exchange, Private Law Studies Quarterly, 39(2): 129-147. (In Persian).
Katouzian, Nasser. (2011), Extra-Contractual Obligation, Volume 1, Tehran: Tehran University Publication. (In Persian).
Khodabakhshi, Abdollah. (2012),  Loss distribution in he Law of Civil Liability  Assuming Several Causes, Private Law Studies Quarterly, 42(1): 109-126. (In Persian).
Leborgne, Anne. (1995). Resposabilité civil ET operations sur le Marché boursier, Revue trimestrielle de droit commercial ET de droit économique, (48).
Lindenfield, Susannah. (2000). Insider Trading in the United States, Canada and the United Kingdom, Stevens, Faculty of Law, McGill University, Montreal. Avalable at: https://escholarship.mcgill.ca/concern/theses/nv935479k
Mobayyen, Hojat. (2014), Civil Liability in Stock Exchange Market, Mohsen Izanlou, Law Faculty, University of Tehran. (In Persian).
Mostafavi, Sayedmostafa, Aminzadeh, Sayedmohammad. (2011), several causes' damage in Iran's law and Imami jurisprudence, Tehran: Publication of Imam Sadiq University. (In Persian).
Najafi, Mohammadhasan. (1983), Jewels of Speech in Explaining the Laws of Islam, Volume 37, Beirut: House of Arab Heritage Revival. (In Persian).
Nasiri, Morteza, Isaeitafreshi, Mohammad, Ghorbanilachevani, Majid. (2008), Securities Trading Using Inside Information: A Comparative Study in American and Iranian Law, Journal of Research of Law and Politic, 2(24): 99-148. (In Persian).
Safaei, sayed Hossein, Rahimi, Hojatollah. (2010), Civil Liability (Extra-Contractual Obligation), Tehran: Samt Publication. (In Persian).
Sériaux, Alain. (1992). Droit des obligation, 1 re edition, Paris: Presses Universitaires de France.
Shabani, Mohammadsadegh. (2016), Legal Validity of Insider Trading in the Stock Exchange, Journal of Securities Exchange, 9(33): 115-131. (In Persian).
Shabani, Mohammadsadegh. (2017), The Legal and Jurisprudential Analysis of Validity and Effects of Insider Trading in Capital Market: A Comparative Study with Common Law, Sayed Mostafa Sa'adat Mostafavi, Faculty of Islamic Studies and Law, Imam Sadiq University. (In Persian).