أثر الخلاف بين الشركاء على حياة الشركات التجارية: دراسة مقارنة وتطبيقية من واقع الأحكام القضائية

الملخص EN

The intentional dispute in jurisprudence and law, which the court can rely on to order the dissolution of the company and the appointment of a liquidator, is the persistent dispute between the partners who are so disagreeable to the extent that cannot be reconciled between them or continue to work in the company team spirit.

Disputes between partners are usually included as a cause of liquidation within the discretionary powers of the Court in applying the principle of justice and fairness.

Court rulings differ in cases filed for liquidation of companies on the basis of disagreement between partners because of the different convictions of judges and their appreciation of the causes and seriousness of the dispute.

Therefore, it was difficult to reach a specific criterion determining the amount of disagreement that should be differentiated between partners when there is one.

This may be legally unacceptable, especially since most budgets are often approved by the partners themselves, and the court or the liquidator may only review the last budget.