شركة الوجوه : أحكامها و تطبيقاتها المعاصرة

Abstract EN

Partnerships have become necessary as people need them.

Jurists have discussed them in their books for its significance.

They have investigated partnership cases, and branches.

They divide partnerships into several types; one type of partnerships involves money and it is called money partnership; another type involves work and it is called business partnership.

There is also a type involves both money and work; it is called 'Mudarabah'(2).

Other types include a partnership which does not involve work; rather it is about the partner' prestige, his knowledge of business, his social status among people, people's trust in him.

This type of partnership is called 'Sharikat Al-wugouh'.

This partnership < /span> has its distinctive judgments; it lacks money and work.

This sparked an interest in this brief study.

The study defines 'Sharikat Al-wugouh', presents the jurists' view of it, and shows its legitimacy, differences among scholars regarding it, some related conditions, and how this partnership ends.

At last, the present study mentions some cases of contemporary applications of this partnership.

The study adopts two approaches: descriptive and comparative approaches.

The descriptive approach is evident in defining what is meant by 'Sharikat Al-wugouh', its definition, and its legitimacy.

Using the comparative approach, the present study makes a comparison between jurists' sayings regarding the definition of 'Sharikat Al-wugouh', its judgment, differences over it, conditions of establishment, reasons for breaking up and invalidity.

The study sheds light on some articles of the law governing Kuwaiti companies that relate to 'Sharikat Al-wugouh'.

The study concludes that the study shows the extent to which 'Sharikat Al-wugouh' protects its founders when disasters take place.

It provides legal solutions for such cases to determine the amount of profit and loss.

It recommends that it is necessary to activate the concept of 'Sharikat Al-wugouh', to enact laws supporting it, and to apply it in our contemporary reality.

  Keywords: Partnership - 'Sharikat Al-wugouh' – profit – loss – loans - contracts