شركة المساهمة البسيطة بين الحرية التعاقدية والتأطير القانوني

Abstract EN

The simplified joint stock company joined the commercial company types in the Algerian system.

its legal system is considered a deviation from the basic principles of commercial law in the field of corporate regulation as it is a hybrid type that takes the best of other corporations types while avoiding their complexities.

the legal system of simplified joint stock companies is particularly flexible on several aspects, such as administration and organisation.

this flexibility reflects the important place of the freedom of contract in this class of company, which is unique compared to other forms of companies.

it is recognised that the freedom of contract in a simplified joint stock company is legally framed within certain limits, especially regarding the company presidency and preventing it from resorting to public offering or listing its shares on the stock exchange.

however, this framing does not limit the freedom enjoyed by the partners in organising their company.

on the contrary, it guarantees coordination between freedom and legal security requirements.