الطبيعة القانونية للشركة : رؤية حديثة

Abstract EN

Article 416 of the Algerian Civil Code does not provide a decisive explanation of the legal nature of the company.

Even if it considered the company as a contract, it prompted the doctrine to engage in a thorough debate on its nature.

The contract is not sufficient to capture all aspects of the company as a legal entity in which the interests of the different categories interfere.

In addition, the contract does not provide a consensual solution between all these interests.

This led to opening the door to the concept of legal system inspired by public law.

The aim of our research is to highlight the importance of the doctrinal debate on the nature of the company dealt with in companies law.

By analyzing and describing the current ideas, we try to show the modern vision of the nature of the company.

The new vision is to give the contract a new role which is to become a means for the sake of shareholders to be able to organize the issues of the company’s life, and not to limit it to just expressing the partner their will in founding the company