حماية دائني شركة الشخص الواحد في حالة إفلاسها وفقا للقانونين الإماراتي و المصري : دراسة تحليلية مقارنة

الملخص EN

The bankruptcy of the one-person company raises many problems, because this type of companies is a new system in the United Arab Emirates and the Arab Republic of Egypt.

The problem of bankruptcy is that the bankruptcy of the corporate image does not lead to the bankruptcy of the owner of the company’s capital (the sole partner), because the one-person company is based on the principle of separation between the company’s capital and the financial liability of the owner.

The bankruptcy of this company is attributed to the bad faith of the owner of the company’s capital.

However, we believe that the advantage of the specific liability of the owner of the one-person company is a false advantage in case of bankruptcy.

Therefore, we can say that this advantage exists, but it is an incomplete advantage.

Exceptions to the principle of determining the liability of the owner of the capital of a single person company would diminish the practical importance of recognizing one-person companies as a successful means of doing business.

Therefore, the study recommends that the UAE legislator make some amendments to the laws regulating the bankruptcy of one-person companies, and to cover this type of companies with guarantees to protect the rights of the company’s creditors.