معايير تجارية الشركة: دراسة مقارنة

Abstract EN

The Businesses theory lost lot of its significance concerning distinguish between the commercial companies and civil companies on the basis of the subjective criteria which views the company activity or objectives to establish the company status and so that it would be subject to the provisions of the commercial law.

This is on light of the modern law trends and the fact that the legislator in the comparison law (Egypt, Kuwait, France, England) adopted the formal (modern) criteria which considers the company form provided in the Law as the basis for acquiring the company status and so being subject to the provisions of the commercial law regardless of the objectives for which the company has been founded or that it is performing the business activities or not.

However, in the Jordanian commercial law the legislator is still adopting the subjective (traditional) criteria for giving the company its status and sets a distinguish between the commercial companies and the civil companies-which takes the same form or model provided in the commercial law-on the basis of the objectives for which the company has been founded in spite that this criteria is not accurate and raises different legal impacts and several practical difficulties.