حماية الغير في إطار شركة المساهمة

Abstract

The organizational rules governing companies in the Algerian Commerce Code materialize the protection of the third party dealing with a public limited company, like the rest of the legislation.This is made through the adoption of some guarantees and mechanisms that protect the interests of the third partyduring its collaboration with the company.This is what is expected when the company fulfills its legal obligations by ensuring to the third party its legal existence and financial capacity and via the achievement of its operations concluded with it through its administrative bodies. Thus, when the third party uses legalmechanisms in order to protect its interests when exposed to a danger or suffersa damage, and also when deciding not to take opposition to a fusion or separation decision in its quality of debtor, or when introducing an action for liability to claim damages. However, the spreading aspects of corruption that influence the reality of economic transactions in Algeria, have motivate us to seek a possible solution to support these legal rules governing the thirdparty protection, given the principles and rules supporting this protection adopted by legislations of developed countries, including France. This can be materialized through the revision of these legal regulations on the third party protection (by the Algerian legislator), and drawing on the governance rules of companies that have proven their efficiency in protecting the interests of all parties. This has to be done taking also into consideration another important contemporaryidea, the social responsibility of companies, whichspecially participatein supporting the relationship between the third party and the company when the latercommits through the law and respects the business morality.