الطبيعة القانونية لنية الاشتراك في عقد الشركة

Abstract EN

The affectio societatis represents the moral element of the commercial companies, given that it was not explicitly referred to in the article that defines the company, as well as the divergence of the opinions of the jurists in giving it a comprehensive and unified definition, which led to their disagreement also in taking this element as one of the pillars of the company, which results in the nullity of the company's contract.

As for the second trend, he went to remove this intention from the objective pillars of the company, and the company's contract was considered valid without it, either on the basis that it is orbed in the corner of consent, or that the law did not explicitly stipulate it, but rather the jurists adopted it in order to distinguish the company's contract from contracts similar to it.

For the sake of distinction, they relied on a number of appearances, as they used the appearance of voluntary cooperation to distinguish the company from the state of commonality, the appearance of participation in the management to distinguish the company from the loan contract with participation in the interest or profits, and the appearance of balance of interests between partners to distinguish the company from the sale contract, with the participation of the creditor in Profits and the appearance of a lack of dependency between partners to distinguish the company from the employment contract.