مدى مسؤولية الشركة عن أعمال المدير المفوض في مواجهة الغير

الملخص EN

The director plays a major role in the life of the company as he undertakes the conclusion of all necessary contracts to achieve the goals of the company stipulated in its founding contract.

The company, as a general rule, is responsible for those contracts if the director conclude them in the name of the company and for its account and within the limits of his powers and in a manner that is not inconsistent with the purpose of the company.

But are the contracts concluded by the director deemed binding on the company in front of the third party even if it is far from its purpose or goes beyond the powers that the company law specified for the director? Does the company bear responsibility for the torts committed by the director during the performance of his duty? The Iraqi company law did not address these issues, which led us to address them comprehensively in order to provide the Iraqi legislature with effective proposals to fill this legislative gap in a manner that guarantees the protection of the rights of the third party as such protection will strengthen the confidence in Iraqi companies and preserve the stability of transactions which, in turn, makes the Iraqi company law at the rank of the laws of the developed countries.