Ammar Shukri

Researchers

Post Graduate Studies & Research Council Meeting No. 4, 11/05/2025

Date of Acceptance

The contract forms the first and fundamental building block for the existence of a company, as the will is the cornerstone and basis of legal actions. The right to remain in the company is considered one of the most important rights protected by the legislator. This right, referred to by some as the “right to not be expelled from the company”, arises as soon as the partner enters into a contract with the company and continues as long as the partner remains in the company. Therefore, this right is considered one of the most significant rights protected by the legislator, particularly in partnerships, due to the principle of personal consideration, which plays a major role in the stability and continuity of the company. Any violation of this right could destabilize the company, thereby affecting the overall economic life. However, this protection is not absolute. The legislator has established exceptions to it, stepping back from the principle of personal consideration, and has approved the principle of expelling a partner, surrounding it with a set of rules and conditions based on preserving the company and protecting the collective interest of the partners.

Abstract