حق المساهم في رقابة الشركة المساهمة

Abstract

The joint-stock society is a society the capital of which becomes divided into equal parts called the actions which can be put into circulation according to the mode defined by law, the associate in this type of operation is called a stockholder. These companies constitute one of the essential pillars on which is set up the capitalist system, by considering them as being companies with capitals and of huge investments, it is for this reason that they have an important influence on worldwide and internal economy in comparison with States in which they are established. In view of their considerable number, their preoccupation including their poor knowledge in the field, the stockholders entrust direction and management of the society to special organs elected by them own care, and which are in charge of managing the society according to efficient methods which answer the realization of its interest and that one of its stockholders, and to reach this target, it is endowed with huge powers to invest itself through its own name and for its own count, by putting all property and wealths of the society there, thing which encourages us to wonder about largeness and worry and the commitment followed by the members of the administrative organ in the usage of these powers? notably as regards financial scandals that the joint-stock huge societies knew and still knowing it, and which come, principally, from mismanagement of the predominance of the personal interests of the mangers and the administrators, to the detriment of the interest of the society and those of the stockholders. It is for this reason, that legislations provided the stockholder the right to control the society given that the stockholders are the masters and the owners of the society and this with the intention to protect them as being the most deprived party to confront the managers and also to accomplish equilibrium between the powers of the administrators and those of the stockholders. It is only from this instant only the stockholder can make sure of the good working of his funds, and this to confirm the good management of the society, by accomplishing not only his own interest but also that one of the society, because good management of this type of societies implicates the existence of a strict and efficient control on behalf of the stockholders. By considering that our study regarding the right of the stockholder to control was accomplished across Algerian code in a essential way, since the Algerian legislator did not see the joint-stock societies as being societies of huge investments, across the commercial code of 1975, this is due to the policy which