نوع مقاله : مقاله پژوهشی
1 حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه مازندران، بابلسر، ایران
2 حقوق خصوصی، حقوق و علوم سیاسی، دانشگاه مازندران،بابلسر، ایران
عنوان مقاله [English]
As a securities market participant, the market maker can play an important role in controlling the market and its liquidity. The obligations and duties of this person in order to conduct marketing are basically possible and imaginable against three categories of persons: against the stock exchange, against the investor (the party to the marketing financing contract) and against the shareholders and investors in the shares subject to marketing. Liability of the market maker to any of the latter requires consideration of the type of legal relationship between them; Accordingly, if the existence of a contract between the market operator and any of these persons is established, the market manager's liability is subject to the terms of the contractual liability; Otherwise, the claimant must prove the terms and conditions of non-contractual civil liability in order to be compensated. Also, in a contractual relationship, the market maker must consider the positive aspect of the case and hold him liable for damages, given that his obligations are in the category of liability by or commitment to the result.