TOWARDS ESTABLISHING A THEORY FOR PROTECTING OTHERS IN COMMERCIAL
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Abstract
It is well established that third parties are given crucial importance in the external dealings of the commercial company. The latter prompted the legislator to pay attention to setting up a legal system that works to protect third parties and gain their trust, especially after the development that affected the concept of third parties in commercial law. However, despite the interest that they received at the level of legal texts, jurisprudence and even judicial jurisprudence, the term “third party” did not change. It is ambiguous, although it is as old as the origin of law, and although it is one of the most widely used legal terms at the level of legal texts, especially commercial ones, its ambiguity is due to the legislative attempt to define a clear and accurate concept, which led to different other concepts around it. In the same line of thought, this led to the emergence of some systems that include formal and objective legal rules aimed at protecting the rights of creditors with commercial companies, which prompted jurisprudence and the judiciary to protect their rights by looking for solutions and legal means to ensure that protection
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References
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Executive Decree No. 15-111 of May 3, 2015 (on procedures for registration in the commercial register), Official Gazette No. 27, May 4, 2016 (Algeria).
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