النظام القانوني للشركة التوصية البسيطة في التشريع الجزائري

Abstract

This study aimed to identify the legal system of the simple partnership company and to explain How important this company is in the world of merchants, trade and economy. The company is a contract that creates a legal person, and one of its most important elements is the intention to participate or the intention to participate, and this element is what distinguishes the company’s contract from the rest of the contracts. It follows that the partner does not seek to give preference to his own interest over the interest of the company. Commercial companies are the best legal means to organize and exploit the efforts of the parties These companies, the simple partnership company, which is one of the oldest companies to appear, which is based on Personal consideration and mutual trust between partners. The study found the importance that this type of companies aspire to, the method of its establishment and its publication in the commercial registry and its publication in a daily newspaper, the legal status that governs the partners in it, how it is run and who manages it, the reasons leading to its lapse and the consequences of this lapse represented in liquidation and division . The study also reached the most important result in this subject, which is that the Algerian commercial law and other legislation did not put a special legislative regulation for the simple partnership company, but referred it to the rules of civil law regulating the company’s contract as general rules governing all types of companies, as well as the rules of the joint liability company as A partnership of persons, but the texts contained in a simple partnership company are not sufficient to distinguish a partnership company from a general partnership company. The study concluded by proposing several recommendations, the most important of which are: Proposing to legislators a legislative intervention that would allow the limited partner to be a manager of the company of which he is a member. More about this source textSource text required for additional translation information Send feedback Side panels