الآثار القانونية لاكتساب الشخصية الاعتبارية للشركة وانتهاؤها : دراسة مقارنة = Legal Effects of Acquiring the Legal Personality of the company adn Ending Lt : Comparative study

Abstract

This study dealt with the legal effects of acquiring the legal personality of the company and ending it (comparative study), which aims to discuss the concept of corporate personality by providing a clear vision of its nature and identification of identity. And the definition of the role of companies in the service and development of society. And to identify the problems arising from the acquisition of legal personality and to develop the necessary solutions. The statement of jurisprudence and legal effects on the acquisition and expiration of the corporate personality. Using the comparative descriptive analytical approach in order to reach the results of the most important is that the company remains its financial responsibility independent of the receivables of partners, and therefore its funds remain owned by them, as a result, such funds shall be considered as a general guarantee for the creditors of the company, which shall be exclusively executing them without the creditors of the partners. You must add a phrase (company under liquidation) next to the name. In light of these results, the research has reached a number of results that revise the oversight department on companies to become an independent institution and provide them with cadres and material resources so that they can play their oversight role effectively. The legal personality has its rights such as: financial disclosure, proving eligibility, the right of litigation, the independent citizen and its right to borrow and borrow and the right to the presence of its representative, as Islamic jurisprudence in his language did not know until the middle of the fourteenth century - the term (legal personality) The idea of a legal person as a theory considered Relatively new even in jurisprudence, However, it is not foreign to Muslims, where scholars have spoken about some quarters; such as the state system and the house of Muslims' money and the waqf, the mosque, and so on, and gave them the legal provisions that can not be considered only in recognition of the idea of legal personality.