The role of the apparent situation theory in protecting others dealing with commercial companies

Abstract

The problem of this study came about the statement of what role does the theory of the apparent situation play in protecting third parties dealing with actual commercial companies? The study concluded that the theory of the apparent situation is one of the theories that derive its elements from the confrontation between the reality that violates the law and its rule and the law and its texts on the other hand, and the recognition of the legal personality of the partnership company and the limited partnership as an actual company, in the event of a breach of the registration obligation, enables others to benefit from the solidarity guarantee involved in these companies in application of the text of Article 15 of the Companies Law. Finally, we call for the retention of the text of article 15 of the Companies Law, which governs with joint partners, with its amendment, so that the judge is given discretionary power to rule on nullity or reject it if he deems it justified.

Keywords: apparent situation, third parties, actual company.