الطبيعة العقدية لشركات المساهمة المفهوم و المآل

Abstract EN

The contract theory played an important role in determining the legal nature of joint stock companies, and it was based on a number of supports.

Whether in terms of being affected by the principle of will power, the intention to participate and personal consideration, or in terms of its impact on the type of target interest, which is the common interest of the shareholders, and whether before the company acquires a legal personality; Relationships between prospective shareholders depend on the achievement of consensus, or after the acquisition of this character; This consensus is abandoned to the benefit of the majority law in principle.

Despite the criticisms leveled at contract theory, it remained steadfast in justifying the contractual nature of joint stock companies.

Pursuant to the general rules mentioned in particular in Chapter 982 of the DZA on the one hand, and in line with the special provisions included in the joint stock companies law on the other hand, without denying the privacy of the company's contract compared to many contracts; In the sense that it does not stop at the limits of arranging legal effects between shareholders, but rather creates a new legal person who must strive to achieve the social purpose set by the shareholders, and through which the common interest of the shareholders is achieved.

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