Comparison of Portfolio Management Institution in Stock Exchange Transactions with Commodatum Contract

Abstract

The increase of stock exchange transactions in the structure of Iran's capital markets and its big profits in comparison to other trading markets, has encouraged unaware people to invest their assets in these markets. Due to lack of experience and sufficient time and the high risk of assets' loss, it is essential to avoid direct transactions for the uninformed people. On the other hand, the passion of these people to take advantage of the profits from buying and selling stocks in the stock and security market has resulted in their concentration to intermediary transactions or portfolio management. Based on this , the jurisprudential analysis of the portfolio management institution and the study of its compliance with definite and indefinite contract are vital. Regarding the basic conditions of commodatum contract and excluding some conditions such as returning the same amount or loan and the unconditioned remuneration beside reviewing jurisprudential sources, has made it possible for the commodatum contract to be adapted to the portfolio management institution. Obviously, the legality of a commodatum contract, assuming the will of the two parties to consider the necessity of contraction, is one of the difficulties of this compliance, which could be solved by this suggestion: bonding an irrevocable contract to commodatum contract. In this article, the possibility of the portfolio management institution adapting and its agreement and adaption with commodatum contract as a characterized contract has been examined.