استراتيجية تقنين ّموحد للشركات المهنية في إطار أحكام الشركة البسيطة : العراق نموذجا

Abstract EN

The huge competition in the field of services' provision and the strong motive for survival, continuity and evolution requires the search for effective methods by which the professionals can meet within legal frameworks that achieve effective guarantees in order to provide services to the public that based on the knowledge and efficiency of the company members, such as law firms, engineering and accounting consultants.

The professional may confront with a number of practical difficulties when starting a specific professional activity individually, which would require concerted efforts and teamwork within the framework of an organization known as the professional company.

Thus, the practice of the professional activity in the light of legislation of codified rules contributes to create legal rules that enabling the client to sue a group of persons on base of solidary liability instead of individual liability.

The comparative legislations of the Kingdom of Saudi Arabia, the State of Kuwait and the Kingdom of Morocco payed great attention to the legal system governing these companies and its legal form taking at the time of incorporation, However, by reviewing the provisions of the simple company of the Iraqi Commercial Companies Law No.

21 of 1997, we found in that law the best model for the regulating such professional companies under the shadow of its legal rules.

Under the Iraqi law, the simple company is considered as one of the companies of persons that based on personal consideration and consists of a small number of partners not less than two partners and does not exceed five partners, in addition to the capital which consists of money and labor, as well as the simple procedures of incorporation represented by ratification of the contract before the notary public.

Those provisions are eligible to apply to a uniform system governing professional companies.

The purpose of this research is to invite the UAE Federal legislator to highlight the promulgation of a law that regulates the work of these professional companies, which are widespread on the ground.