حماية المساهم في شركة بين القانون و الواقع

Abstract

joint-stock companies are the largest trading companies in the finance and business sector and investment in modern economies saw their characteristics enable them to be the best legal and economic framework for huge capital activities, as given their ability to mobilize savings and assemble the massive capital in addition to the possibility of circulating shares of commercial associates (share), which are called equity by commercial means, and finally, the limited liability of associates who depant their shares in the capital. And because of the philosophy of this type of company or the side of its management or of its business, which sees them as a modern democratic state, members of the management of the company, and for many reasons, may not be because shareholders may meet in another device, it is the general assemblies that exercise supervision and control over the management device afraid that he leaves the correct way in the management of the company, and to ensure that the interests of the latter, and thus the interests of shareholders, as the interest of several other parties and even the national economy And to encourage individuals to invest in companies and the capital market legislation and modern laws have sought and are still seeking the imposition of the protection of the interests of shareholders and their rights in the society by providing various means and legal mechanisms to enable them to achieve this protection, embodied in several forms: the legal protection which, in turn, can be divided into: internal protection represented by the rights guaranteed by law to the shareholders, especially in as part of the general assemblies and external protection represented by specialized bodies to protect the interests of shareholders and society by carrying out a strict and effective supervision. And we are talking of the auditors and the financial market system and its role in the protection of savers shareholders. The second form of protection is the legal protection that seeks to fight against the misuse of the law of the majority by the shareholders in general meetings, this law is manifested in the dominance of interests of a class of shareholders on the balance of interests of other shareholders and the interests of society, it can be expressed by The abuse of majority and therefore the laws have the goal of protecting the minority. It also has another D'abuse aspect, and this time from the minority can block an important decision for the company, or it can use its rights in society in order to inflict damage on the majority and carry their own interests and it called the abuse of minorities. In addition to all the above, efforts have been made and are being made to push and encourage shareholders to exercise their rights in society, s and give it greater attention to the wave of aversion and abandonment that has become a feature of the relationship between the company and its shareholder.