مجلة أبحاث
Volume 9, Numéro 1, Pages 370-382
2024-06-30

Transformation Of Commercial Companies : A Legal Necessity And An Economic Inevitability



Authors : Bensalem Ahmed Abderrahman . Bendaoud Brahim .

Abstract

Companies are considered one of the most important phenomena of economic life, and among the oldest contracts in history known to ancient civilizations to fill the gaps that surrounded that life. There is no better evidence of this than the code of Hammurabi, which is one of the oldest legal documents still known to this day. It established eight articles (100-107) in the legal regulation of companies out of a total of 44 articles dedicated to contracts, some of which are still relevant up until now, as most of the modern legislations adopt its provisions. As a result of market openness policy, and as a way of facilitating and encouraging different types of investments, many developing countries have focused on establishing a mechanism to encourage companies and small and medium-sized institutions to transform into other forms capable of implementing bigger projects. Therefore, this research paper came to clarify the conceptual framework of the transformation process through defining this mechanism, stating similarities and differences with some terms, and finally explaining the legitimate reasons and motives for changing the legal form of commercial companies. Jel Classification Codes: K20, P12, L 33.

Keywords

Change of legal form ; commercial company ; transformation ; company re-registration.

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