مفهوم مصلحة الشركة بين النظرة العقدية و النظامية في شركات المساهمة

Abstract EN

In spite of mentioning the notion of the interest of the company in the legislations but there’s no stating of any definition for that interest.

This let the door opens for jurisprudence and doctrines to produce as many definitions as they serve the protection of the firm interest.

But the obvious difference was about providing a distinct definition of the notion of the company’s interest that should always be privileged.

Is it the interest of shareholders that are involved under the contract of the company which always about realizing as more gains as possible? Or it reflects the interest of the moral character which appears in the form of the company itself? This moral character has a distinct interest different from that of shareholders.

However, this last view gives a clear distinction between the company and the enterprise which led to a wider look to the interest that should be protected within a company, to see ultimately what’s called the stakeholder’s interest.