التنظيم القانوني لاستثمار أموال القاصر في الشركات التجارية

Abstract EN

The Algerian lawmaker allowed the minors' money to be invested in a commercial company, but only with the permission of the competent judge, However, this investment is limited to companies in which the partner's responsibility is within the limits of his contribution, meaning that the partner bears the losses without liability for debts As for companies where there is a personal and joint liability responsibility for their debts, the legislator has prevented the investor from investing the minors 'money unless he is a guide to doing trade because the value of the loss he will be exposed to is not estimated, in addition to the bankruptcy ruling on the partners in the event of the company's bankruptcy, provided that the distinction is in the responsibility of the partners It only takes place after the company has acquired a legal personality, And before that, the partners shall be jointly committed to fulfill whatever the form of the company, which contradicts the possibility of entering the minor as a founding partner, which led the entities based on the registration in the commercial register to request rationalization to practice trade whatever the form of the company, which is the conclusion of the study as a result, despite the ambiguity Article 549 of the Commercial Law stipulates with regard to this issue.

However, the research concluded that the investment of the minor's money is made only after the company acquires the legal personality and determines the responsibility of the partners in it, or by obtaining a rationalization to practice trade.