The Effect of Personal Consideration and the Dimensions of the Contractual Scope on the Solidarity Company: A Comparative Study between Qatari and French Legislation
Prof. Muftah Bujalal
Professor of Commercial Law
Faculty of Law and Political Science
University of Oran 2 – Algeria
For most Arab and even Gulf countries in particular, Tadhamon, or Collective Name Corporation (Partnership), adopts the French commercial law statute. Among the most recent of these Arab and Gulf laws that call for our attention is the Qatari Commercial Companies Law.
As a model of the corporations of persons in French law, and the laws or regulations derived from it, Tadhamon has several advantages. The most important of which is its independent legal personality, despite the importance of partner or the personal consideration of the partner in the existence of the corporation, and the dimension of the contractual freedom, given for associates or partners, in the organization of this corporation.
However, there are many parts of similitude and discrepancy between the French law and its classical rules, and those legislations taken from it, and the Arab legislations, in determining the level or amount of those features. The problem addressed by this study is to indicate the level of personal consideration and the scope of contractual freedom within the framework of the new Qatari Companies Law, as one of the models of Arab legislation, compared to its counterpart in the French commercial law.
Addressing this legal problem with proven practical dimensions necessitated the presentation of the texts of Al Tadhamon Company in both the Qatari Companies Law and the French Commercial Legislation, with some examples as appropriate, from Arab legislation taken directly from French law, by analyzing them, comparing them with each other and critiquing them when necessary, through focusing on how the personal consideration of the partner and the contractual domain interfere in the organization of this corporation.
The results of the study led to the distinctiveness of the Qatari legislation, as it has even exceeded, in many issues and situations, despite its modernity, the issues settled by the French legislation, in regards to personal intervention in the statute of the corporation, and everything that would benefit its contractual construction. However, in some cases and in the context of recommendations, its provisions require revision or the introduction of new legal rules, in order to increase the effectiveness of Tadhamon’s regulation in the Qatari legislation.
Keywords: commercial companies, partnerships, partner, Qatari commercial companies Law, French commercial law.