وقاية الشخصية الاعتبارية للشركة التجارية من البطلان – إطلالة على القانون الفرنسي من منظور قطري

Abstract

Being in harmony with its European legal framework, the French law is characterized by the prevailing principle of restricting nullity of companies. The author focuses on one of these principle aspects: saving juridical personality of commercial company from nullity; in both France and Qatar. Under modern doctrine in civil law, differentiation should be made between the constitutive act leading to the establishment of the company (e.g., a contract) and its product of juridical personality, leading to restriction of nullity of the latter in response to its institutional nature. Default in the establishment and/or continuity of the juridical personality of the company is an amendable "irregularity", and not every irregularity in this regard leads to a nullity. The author proposes to Qatar, legislator and courts, to make use of the French best practices, in order to escape such irregularities, attenuate its relevant sanctions and ease its regularization. The Qatari legal system is receptive to such solutions, since the Qatari Commercial Companies Law (No. 11 of 2015) embraces the principle in its application to Joint Stock Companies and Partnerships by Shares (Art. 92).