المسؤولية المدنية و الجزائية جراء مخالفة قواعد تأسيس شركة المساهمة

الملخص EN

Various legislations have subjected the establishment of joint-stock companies to rules and provisions of a commanding nature, it is natural that failure to comply with these provisions has civil and penal effects, and the Algerian legislator has included some texts that address the responsibility of the people who cause the company to be null and this responsibility has been assigned to the invalidity itself, This is what is termed civil liability, and in addition to this, the law criminalized some fraudulent and fraudulent behavior during the formation of the company, and approved physical and / or financial penalties for it, which is termed criminal responsibility.

Accordingly, the research aims to clarify the civil and penal legal frameworks that would give the necessary protection to all who are harmed by violating the rules of establishing a joint stock company as the primary engine of the national economy, and the results obtained are generally reflected in: 1- The civil aspect: The necessity of separating the joint liability of the founders and the civil liability resulting from the nullity of the company, whose specific provisions must be explained in terms of their legal nature, conditions and procedures for their initiation, as well as the legal status of the founding partner therein.

2- Penal aspect: The mandatory determination of behaviors criminalizing violation of the rules of incorporation in private laws, particularly commercial law in particular, would leave no room for discretion to the criminal judge in application of the principle of legality.