معايير تمييز الشركات المدنية المهنية عن الشركات التجارية : دراسة تحليلية مقارنة

الملخص EN

This paper research contained the criteria of distinguishing the civil professional corporations from the commercial corporations, including the objective criterion that interested the main activity of the company, and the formal standard that takes from the form that the company takes as a main criterion for determining the nature of the company to determine its civil and commercial activities with more focus on civil professional corporations and its specific nature, according to the French Law No.

1258 that was issued in 1990 about the professional companies of commercial form, with mentioning of the Egyptian trade law of 1999 and the Iraqi Companies Law, that did not regulated the provisions of this types of companies.

We concluded that the professional company perhaps take the form of the commercial companies that based on the fact that the civil law did not specify a specific form for the company that allowed in civil activity and this is not found in this law nor in the law of trade and companies which prevents the company with the purpose of making form of commercial companies and interested mostly by the opinion of the jurisprudence that these companies are civil because the lesson is for the purpose of the company and its activity and there is not research in details of this commercial form, this form has not effect on the legal nature of the company, and does not deprive the civil characteristic of it, and this is confirmed by the laws regulating companies - the subject of study.