تطبيقات نظرية الوضع الظاهر في القانون التجاري

Abstract EN

The law is an indispensable social necessity for controlling and regulating the conduct, relationships and transactions of individuals in society.

The rules of law define the rights and obligations of each member of society, that is, the legal centers that individuals can occupy in society, It is the origin and basis of the legislator and relies on him to control and regulate the relations and actions of individuals in society.

Besides these legal centers there are other centers occupied by some individuals whose existence is not based on the law, They are created, formed and exist in social reality, unlike the law, because they lack one or some of the elements necessary for their agreement with the rules and provisions of the law and are called (actual centers), which are based on reality rather than law.

Such as the apparent trader, the visible company and the actual executive director …, The actual centers have been recognized, approved and relied upon and protected from dealing with their owners on the grounds that they have legal status.