Main Article Content



We show through this research that the legislatorhas defined the pillars on which the company is based, as the company cannot become in a sound legal state in the eyes of the law without the availability of the general and specific substantive pillars as well as the formal pillars of the company. The company is invalid, and this invalidity varies according to the importance of the pillar on which the breach is located, just as the legislator does not consider the company unless it actually exercises its activity and enters into legal relations with others, so if the ruling is made to invalidate the company for one of the reasons that necessitate that, then this company is according to the opinion of the judiciary In the period between its inception and the judgment of its invalidation, it is considered an already existing company, and therefore the effect of invalidation does not have a retroactive effect on its previous actions, i.e. it does not apply to the past, but rather to the future only.

Article Details

Corporate / Business Law
Author Biography


Riyadh Nadhim Hameed al-Doori1, Ali Abbas Rafea2, Ali Salah Kareem3

1College of Political Science - University of Tikrit -Iraq

2University of Anbar - Iraq

3Al Rasheed University college – Iraq


Books and letters:

- Ahmed Boukerzaza, Civil Responsibility for a Minor, a Comparative Study, PhD thesis, Faculty of Law, Constantine University, Algeria, 2014.

- Ahmed Saeed Shula, Judicial Court of Cassation in Commercial Matters, Manshaat Al-Maarif, Alexandria, 1999.

- Ahmed Ali Ahmed Khawaldeh, Legal Aspects of the Actual Company in Jordanian Law and Judiciary, Master Thesis, College of Graduate Studies, University of Jordan, Amman, 2012.

- Ahmed Mahmoud Hosni, Commercial Cassation Court, Manshaat Al-Maarif, Alexandria, 2000.

- Hanan Mahdaoui, The Moral Pillar in Commercial Companies - The Intention to Participate, PhD thesis, Faculty of Law and Political Science, University of Lamine Debaghine, Setif 2, Algeria, 2020.

- Rania Bouziane Taher, Diablo Mohamed Naguib, Termination of Companies in Algerian Legislation, Journal of Business Disputes, Faculty of Law and Political Science, Djilali Al-Yabis University, Sidi Bel-Abbas, Algeria, Issue 55, July 2020.

- Ramisa Merabti, Ferial Kana, The Invalidity of Commercial Companies, Master Thesis, Faculty of Law and Political Science, University of May 8, 1945, Guelma, Algeria, 2020.

- Salim Abdullah Ahmed Al-Jubouri, The Actual Company, A Comparative Study, Al-Halabi Human Rights Publications, Beirut, first edition, 2011.

- Samiha Al-Qalyubi, Commercial Companies, Dar Al-Nahda Al-Arabiya, Cairo, first edition, 2011.

- Ashour Mojib, the objective elements of the company contract in light of the provisions of Algerian law, master’s thesis, Faculty of Law and Political Science, Larbi Ben M’hidi University, Oum El-Bouaghi, Algeria, 2016.

- Abd al-Rahim al-Salmani, Al-Wajeez in the Commercial Companies Law, Top Press, Rabat, 2020.12- Abd Al-Razzaq Al-Sanhouri, The Mediator in Explanation of Civil Law, Part One, Sources of Obligation, Dar Al-Shorouk, Cairo, first edition, 2010.

- Adnan Ibrahim Sarhan, The apparent conditions and the extent of their protection in Iraqi and comparative law, Legal Research Center, Ministry of Justice, Kurdistan Region, Iraq, first edition, 2022.

- Aziz Al-Aqili, Commercial Companies, Part Four, House of Culture, Amman, Jordan, first edition, 2002.

- Essam Hanafi Mahmoud, Commercial Law, Part One, without publishing house, without date.

- Fatna Bouamaria, Sonia Ben Daha, The Invalidity of Commercial Companies, Master Thesis, Faculty of Law and Political Science, University of Akli Mohand Olhaj- Bouira, Algeria, 2017.

- Lisan Al-Arab by Ibn Manzoor, investigation and publication by Dar Al-Maarif, Cairo, B-T.

- Musaed bin Hamad bin Abdullah Al-Shuraidi, The Actual Company - A Comparative Study, PhD thesis, The Higher Institute for the Judiciary, Imam Muhammad bin Saud Islamic University, Saudi Arabia, 1433 AH, 2011 AD.

- Mufleh Awad Al-Qudah, The Realistic and Legal Existence of the Actual Company in Comparative Law, Dar Al-Nahda Al-Arabiya, Cairo, 1985.

- Nassima Bou Maazza, The Legal System of the Actual Company (Partnership Company), Master Thesis, Faculty of Law and Political Science, Larbi Ben M’hidi University - Umm El-Bouaghi, Algeria, 2014-2015.

- Nahla Mohamed Hamed, Reasons for the Termination of the Company’s Legal Personality, Master Thesis, College of Graduate Studies, El-Neelain University, Sudan, 2016.

- Hadeel Izz Al-Din Muhammad Al-Razi, The Corporate Personality and Legal Implications - A Comparative Study, Master Thesis, College of Graduate Studies, Arab American University, Jenin, Palestine, 2019.

- Hisham Taha Selim, Al-Wajeez in the sources of commitment in light of the provisions of both the Egyptian Civil Code and the Bahraini Civil Code, without publishing house, 2015.

- Elias Nassif, Encyclopedia of Commercial Companies - Transformation and Termination of Commercial Companies, Part 3, Al-Halabi Human Rights Publications, Beirut, first edition, 2011.

Research and articles:

- Esraa Abdel-Zahra Katea - Hassan Fadalah Musa, Applications of the Apparent Status Theory in Commercial Law, Journal of the Faculty of Law, Al-Nahrain University, Volume 22, Issue 1, 2020.

- Amani Fadlallah Al-Zaher, the legal personality of the company in the Saudi system - a comparative study, Umm Al-Qura University Journal of Sharia Sciences and Islamic Studies, Umm Al-Qura University, Makkah Al-Mukarramah, Issue 74, October, 2018.

- Hanan Bakheet Sayed Ahmed, The Impact of the Termination of the Company on the Rights of the Parties in the Law, Journal of Sharia and Law, Faculty of Sharia and Law and the Faculty of Islamic Studies, International University of Africa, Khartoum, Issue 24, August 2014.

- Khaled Abu Taha, Ahmed Hasniyeh, Formalism in Commercial Contracts, An Analytical Study, Journal of Law and Human Sciences, Dhofar University, Sultanate of Oman, Issue 1, 2020.5- Khaled bin Saeed - Othman bin Abdul Rahman, Dedicating the principle of protecting the apparent in the company - the actual company as a model, Journal of Judicial Jurisprudence, Faculty of Law and Political Science, Mohamed Kheidar Soukra University, Algeria, Volume 13, Special Issue, November 2021.

- Khaled Abdel Qader Eid, The Actual Company, Islamic Research Journal, General Presidency for Scholarly Research and Ifta, Kingdom of Saudi Arabia, Issue 19, 2017.

- Donia Elounas- Mohamed Taher Belaïssawy, Invalidity is a Threat to the Survival and Continuity of Business Companies, Journal of Legal Studies and Research, Faculty of Law, Setif University 2, Volume 7, Issue 2, 2022.

- Rabah Eleiwa, The Field of Application of the Actual Company Theory in Algerian Law, Journal of Communication in Political and Social Sciences, Annaba University, Algeria, Issue 28, June, 2011.

- Rashid Othman, Corporate Personality, Research Journal, Al-Tuhamy Al-Qaidi, Dar Al-Mandumah, Issue 14-15, for the year 2016.

- Rachid Fattoush, Dissolution of the Company for Considerable Reasons, Reading in Chapter 1056 of the Dahir of Obligations and Contracts in Light of Judicial Work, Publications of the Journal of Rights, Legal and Judicial Knowledge Series, Morocco, Issue 49, 2016.

- Sarah Abdel Samad, The Theory of the Apparent Status in the Real Estate Records System, Journal of Legal Guidance, Faculty of Legal, Economic and Social Sciences, Agdal- Rabat, Issue 8-9, April-2020.

- Abdel Aziz Ahmed Fattouh, Reasons and Procedures for the Liquidation of Joint Stock Companies, Periodical Bulletin of the Egyptian Tax Association, Volume 27, Issue 107, August 2017.

- Fattahi Mohamed, Darmash Bin Azouz, The Actual Company in Algerian Legislation, Journal of Rights and Human Sciences, Zian Ashour University, Algeria, Issue 27, 2016.

- Nader Muhammad Ibrahim, Protection of the Legal Person of the Commercial Company from Invalidity, A View of French Law from a Qatari Perspective, International Journal of Law, College of Law, Qatar University, Volume 11, Issue 1, 2022.

- Nawal Qahmous, The Legal Existence of the Actual Company, the Protection of Others and the Stability of Legal Positions, Journal of Judicial Jurisprudence, Algeria, Volume 13, Issue 1, March 2021.

- Regulations and laws:

- Judgments of the Iraqi Court of Cassation.

- Judgments of the Egyptian Court of Cassation

- Algerian Trade Law No. 75-59 of 1975, as amended.

- Iraqi Trade Law No. 30 of 1984.

- Iraqi Companies Law No. 21 of 1997, amended for the year 2004.

- French Companies Law No. 66-537 of July 24, 1966.

- Egyptian Companies Law No. 159 of 1981.

- French Law No. 1176-69 of 1969.

- Jordanian Civil Law No. 43 of 1976.

- Algerian Civil Code No. 75-58 of 1975, as amended.

- Syrian Civil Code No. 84 of 1949.

- Iraqi Civil Law No. 40 of 1951.

- The French Civil Code in Arabic, Dalouze, 2009.

- The Egyptian Civil Law No. 131 of 1948, according to the latest amendment on July 16, 2011.

- The Sudanese Civil Transactions Act of 1984.

- Iraqi Public Institutions Law No. 66 of 1965.

- Saudi Companies Law for the year 1437-2015.