M.A. Thesis:

stock brokers civil liability and the process of its related litigation at comprtent authorities

The purpose of this research is to investigate the civil liability of stockbrokers in terms of the structure of the market players' controversies, especially stock market brokers.Hence, in the first place, the civil liability of stockbrokers towards other persons is determined by the rules and regulations of the market in the market. And it must be said brokers are one of the main pillars of the securities market, and securities transactions are carried out exclusively by them.In addition, brokers carry out other tasks, such as providing advice to customers and a portfolio.Membership is mandatory for all brokers and, according to the law of each broker who intends to work, he must first become a member of the staffing association and then begin his activity.And if the brokerage is not a member of the brokerage corporation, it will not be licensed. The civil liability of brokers, despite their major activity, has not been considered by the legislature.In order to examine this type of civil liability, reference should be made to general rules. Given the general principles, one can not provide a single basis for civil servants' liability. Therefore, according to civil liability, agents have different responsibilities.The basis of liability arising from voyage transactions is objective and absolute liability. Because if the owner of the voyage is not informed, he is considered as a usurper and must compensate him for all the damages.In the second case, the recognition of competent authorities for resolving disputes between market professional activists and the manner of litigation under the law of the stock market is considered.In the event of disagreement between brokers and customers in the first phase, the Consortium addresses these disputes in the sense that it is the primary forum for resolving disputes between employees.According to article 2 of the instruction of the compromise committee, in order to compromise the disputes arising from the professional activity of the brokers that arise among themselves or with other persons, a committee called the compromise committee is formed in the center of the stock market brokers. Regarding the nature of the panel, it should be said that this arbitration does not form part of the arbitration agreement or the condition of the contract, which is arbitrary and in a quasi-judicial manner. In such a way that the petitioner must submit his application for arbitration to the secretariat of the arbitral tribunal and, in the event of disagreement with the relevant centers, prove that it is impossible to reconcile his claim to the arbitral tribunal. The payment of the fee for the lawsuit and the application and the annexes It is the same and the same documents as the Judicial Mechanism.The arbitral tribunal does not have the jurisdiction to deal with the criminal matters mentioned in the securities market law. However, it has the jurisdiction to deal with disputes under Article 36 of the Securities Market Act. The arbitral tribunal after having heard the ruling makes that decision void and enforceable. It is also responsible for the administration and registration of documents and real estate.

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