تأثير الحوكمة على الفصل بين السلطات داخل مجلس الادارة شركة المساهمة في التشريعات المقارنة : دراسة القانون الفرنسي المغربي و التونسي كنموذج

الملخص EN

This comparative study aims to identify both French, Moroccan and Tunisian legislation due to the existence of a legislative orientation for each of them to modify the form of the structure of the Board of Directors in accordance with the corporate governance and in order to know and ascertain the extent to which they apply the rules of corporate governance that put forward the idea of separating management from control in the organization of the board of directors of the joint stock company because of the ineffectiveness of the legal organization of the structure of the Board of Directors before the amendment that represented the unilateral authority to combine the management and control of the joint stock company Referring to this legislative, it was noted that the legal texts of a comparison differ in terms of the obligation of separation of the authority of the jurisdiction of the public administration from the control authority, and therefore the mandatory separation between the authority of public administration and control was imposed as a system for the management of the joint stock company by the text of the law without leaving the freedom of agreement to shareholders that appears in Tunisian legislation such as exception and restriction in a joint stock company named on the stock exchange contrary to French and Moroccan legislation that enabled shareholders to freedom of agreement or decision-making authority.

To separate the management and control within the Board of Directors