الأساس القانوني لمسؤولية الشركة القابضة في ضوء أحكام القانون التجاري الليبي والقانونين المصري والجزائري وموقف الفقه الإسلامي

• Main Author: Mohamed Mohamed Adhir
• Format: Article
• Language: Arabic
• Published: Universiti Sains Islam Malaysia 2019
• Subjects: الشركات التابعة; Basis of liability
• Online Access: http://ddms.usim.edu.my:80/jspui/handle/123456789/18165

The Libyan legislator and the Egyptian and Algerian legislators did not include the texts that would explain the responsibility of the holding company for the activities of the subsidiaries and issue the regulations concerning the procedures to be followed in particular.The interests of shareholders, creditors and non-affiliates are exposed to the risk of harm and infringement in light of the absence of a legislative organization that clearly shows the cases in which the holding company is held accountable for the activities of its subsidiaries and how it can be referred to fulfill the rights Arising from subsidiaries.The problem of research is that some legislations regulate the holding company and its relationship with its subsidiaries without putting in place the stipulations and texts that can define the limits and basis of liability. It seeks to damage and infringe the rights of the subsidiaries and others. The aim of the research is to study the legal organization of the holding company's responsibility in Libyan legislation and legislators Egyptian and Algerian, and to stand up to all the misfortune of these organizations of shortcomings and to show the position of Islamic jurisprudence of this responsibility.To achieve this objective, the researcher followed the comparative and analytical method to analyze the texts related to the responsibility of the holding company in the Libyan commercial law and compare them with the texts contained in both the Egyptian and Algerian laws. The researcher concluded that: The Libyan legislator did not regulate the responsibility of the holding company for the activities of the subsidiaries, but it is the responsibility of the managers of the holding company and they are responsible for the serious mistakes that occur on their part.The Egyptian legislator left the task of determining the responsibility of the Holding Company for the work of the companies of the judiciary and did not deal with the organization.The legal basis for the liability of the holding company for the business of subsidiaries in Islamic jurisprudence is there are many jurisprudential rules that can be invoked in the statement of this responsibility "as the basis of the guarantee, the direct and consequential basis.