حالات شروط الأسد في أشكال الشركات التجارية بالنظام السعودي وأثرها على المراكز القانونية للشركة والشركاء

Abstract EN

The participation of partners in sharing profits and bearing losses is one of the special objective pillars of the company, and it is the element that distinguishes the company from the association.

The Saudi regulator stipulated this pillar in Article Two of the Companies Law as follows: (...to share what arises from this project of profit or loss), and on this basis it is not permissible to agree in the company’s articles of incorporation or bylaws to deprive one of the partners of profit, or to exempt him from loss.

However, the Saudi regulator did not consider failure to distribute profits and losses among the reasons for the dissolution of companies.

This research dealt with Al-Assad’s conditions in the forms of commercial companies and explaining the cases that were mentioned in the Saudi system, and the cases that are considered like Al-Assad’s conditions in legal jurisprudence and were not mentioned by the Saudi system.

The research also included the legal implications for companies whose articles of association or articles of association included one of Asad’s conditions, and the legal effects resulting from profits that were distributed based on one of Asad’s conditions.

After completing the stages of investigation and exploration of the topic, the research reached several results, the most notable of which are: (1)- The Saudi regulator cited only two cases that legal jurisprudence considers to be such as Assad’s conditions.

(2)- The system does not require that partners be equal in profits and losses, or that their proportions profits be equal to their proportions in losses.

What is important is that each partner receives a share of the profits and bears a portion of the losses.

(3)- Al-Assad’s condition does not differ in any form of commercial companies in the Saudi system, as the reason is the same in all of those companies.

(4)- It is not permissible for partners to agree to deprive one of them of profits or exempt him from loss.

However, the Saudi regulator mentioned one case for exemption, which is the case of a partner who did not provide anything other than his work, so the system permitted the partner to agree to exempt him from loss, since he lost his effort.

And his time.

(5)- The effect of the partners’ agreement to include one of the lion’s terms is that the condition is invalidated, the company continues, and its life is not affected by this condition.

(6)- The lion’s condition contradicts the principle of cooperation between partners in the company contract, and destroys one of the basic pillars of the company, which is participation in sharing profits and distributing losses