النظام القانوني لتجمع الشركات التجارية

Abstract

This thesis foc uses on processes used in concentrations between commercial companies namely the groups of companies. Group of companies can be defined as a group of companies which, while retaining their own legal existence are related one to others, so that one of them, the main company, tien others under its dependence, in law and in fact and exercise control over all of the dominated companies. Currently, groups are the main economic actors in the private sector and public .and this, thanks to their emergence and the diversity of their shapes. The group indeed makes it possible to combine several organizational qualities namely organization flexibility and stability. Despite its importance, the Algerian legislature organized the Group of companies only partially in exception of the accounting right after the 2007 reform. proposed study in this thesis - the legal regime for groups of companies - focusing on a comparative study with the aim of benefiting from the experience of some countries strange in the field of the Organization of the groups for the selected the french, German and Tunisian law. This thesis it develops in two parts, in the first part the study focuses the modality of formation of the group .it is first in the first chapter to study the report of domination. the second chapter focuses on the elements that influence these operations. In the second part, the thesis focuses on the analysis of the effects of the constitution of the Group regarding the Group him - even, these members and third parties in three chapters. In conclusion, the study shows gaps in the Algerian groups of companies must and proposes an amendment of the code of commerce by the introduction of a new chapter in the book of the commercial concerning the groups of companies like the Tunisian law, we also recommended regulation of contract of domination inspired by German law by proposing to make it optional for groups mandatory and private sector for sector groups public .in end this study proposes amendments concerning the disposition in relation to the lives of the groups , namely the Organization of takeover OTC and the takeover bids and the reorganization of the conventions concluded between the company and its Manager.