نحو نظام قانوني لتأسيس الشركة المدنية المهنية : دراسة نظرية مقارنة

Abstract EN

This study aims at studying the various difficulties that profession suffers from, whether these problems are economical, technical or practical, which form obstacles for individual practice of professional activities.

It becomes necessary to find out an adequate new legal frames that develop the services that have been provided by such professions to their customers and fulfill the increasing, needs by advanced aims and prospects.

It is obvious that occupations need concentration on intensive efforts that aim at complying better services for the workers' gratification and satisfaction without affecting the morals or the principles of these occupations.

Hence, there is an urgent need to adopt the idea of practicing free professions by civilian companies under the title of professional civil Company.

Actually, the first reaction towards this trend has raised the inquiry of "to what extent this joint practice will affect these profession's traditional principles".

In particular, one of these practices depends on the solo worker alone who performs all the services.

Despite the existence of the civil professional companies and its legal system in the comparative law, it observed that foundation of such companies in the Jordanian Law does not depend on any special legal provision.

There is only an indication by our legislator to the possibility of applying the provisions of the civilian law, companies law and the relevant particular principles of the occupations' related laws, their contracts and their internal principles; therefore, a number of misleading problems have arisen- among which is the utilization of these provisions in a way that may be adapted to serve as integrated legal system for these companies.

So, the significance of this study comes from the need to study these provisions' regulations; especially the ones that deal with founding a legal regime for the civil professional companies.

This study deals with two domains: the first is a theoretical one that focuses on adequacy of professions joint practice with the basic principles of such occupations; the possibility for these professional company to cover numerous professions, and the second is the status of the partner who’s participation doesn’t depend on his shares in the capital, but on his professional efficiency and other set of conditions that qualify him to join this type of companies.