الشركات التجارية في القانون التجاري الجزائري : بين الحرية التعاقدية و التوجيه التشريعي

Abstract EN

Commercial companies play an important role in the economic life of countries which oblige them to provide the legal framework that organizes the various stages of their formation, management and liquidation.

This legal framework has given rise to a jurisprudential controversy between considering commercial companies as a contract and considering them as a legal institution subject to legislative orientation.

The Algerian legislator considered commercial companies as having both a dual nature of contract (companies of persons) and legal institution (capital companies), and therefore, the question of prevailing one over the other is a matter internal to the state depending on its circumstances and conditions.

If they are in a comfortable economic situation, contractual freedom prevails and its legislative meaning is reduced.

If it is in a period of crisis, the situation obliges it to strengthen the politics of legislative orientation to achieve its objectives.