نطاق تطبيق نظرية المسيّر الفعلي في الشركات التجارية وفقا للقانون التجاري الجزائري

Abstract EN

The theory of the facto manager is one of the most basic concepts introduced by the Algerian legislator in commercial law with the aim of regulating and protecting the legal centers that arise under the facto management of commercial companies, but it did not explicitly specify the personal scope of this theory, which is difficult in practice to prove the facto existence of the manager , also he did not clarify the legal rules governing the actions of the facto manager in the company.

In the face of this legislative shortcoming, it was necessary to study the scope of the application of this theory in order to diagnose legal gaps and try to find legal solutions to fill the legislative vacuum by analyzing the legislative texts and highlighting the position of the French judiciary on this subject.