The Legal Position of the Interim Manager of the Company - A Comparative Study -
الكلمات المفتاحية:
- Interim Management. - Interim Manager. - Company. - Management Bodies. -Shareholders. - Partners.الملخص
Abstract: find a solution to the crises or obstacles that threaten the continued existence of the company due to the inability of those in charge of managing it to solve this crisis or the absence of management, and to preserve the continued survival of the company. The urgent judiciary, when it is resorted to, appoints a person to manage the company temporarily and preserve its assets and achieve the purpose for which it was established, so this person must be experienced and specialized in managing this company due to the different activities of companies. The court must exercise caution in choosing the interim manager so that he\she can get the company out of its crisis, and he has the choice of the way to get rid of this crisis and bring the company to safety.
المراجع
List of sources and references
First: Legal books:
-Dr. Ali Al-Baroudi, Commercial Law, Knowledge Manshaat, Alexandria, 1986.
-Dr. Abdul Hamid Al-Shawarbi, Commercial Companies, Knowledge Manshaat, Alexandria, 2006.
- Dr. Abdul Hamid Al Shawarbi, Judicial Guard, Manshaat Al Maarif, Alexandria, 1993.
-Dr. Abdel Baset Jamei, Principles of Procedure Law, without publishing house, 1974.
-Dr. Ashour Abd al-Gawad Abd al-Hamid, The Legal Center for the Director in Personnel Companies, Dar al-Nahda al-Arabiya, Cairo, 1995.
-Ali Essam Ghosn, Civil Companies in Lebanese Law, without publishing house, 2010.
-Dr. Muhammad Ali Ratib and d. Mohamed Nasr El Din Kamel and Dr. Muhammad Farouk Ratib, Judgment of Urgent Matters, 6th Edition, World of Books, without a year of publication.
-Dr. Mahmoud Samir Al-Sharqawi, Commercial Companies, Dar Al-Nahda Al-Arabiya, Cairo, 1986.
Second: Scientific Theses
-Ahmed Saad Abdel-Khaleq, Responsibility of the Company Manager, PhD thesis submitted to the Council of the Faculty of Law, Ain Shams University, 2018.
-Hossam Reda El-Sayed Abdel-Hamid, Interim Corporate Administration, PhD thesis submitted to the Faculty of Law, Ain Shams University, 2009.
Third: research
-Muhammad Burhan Al-Din, Urgent Judiciary in Commercial Matter,
Journal of Law and International Business, Issue 29, for the year 2020.
Fourth: foreign books
-Fouchard Ph., 1arbitrage commercial international, Dalloz, 1999
-Guyon Y., Fonctionnement des sociétés anonymes, administration judiciaire, Juris, Classeur des sociétés, Fasc133E. p. 3 n°3.
-LAPP Charles. La nomination judiciaire des administrateurs de sociétés,Rev.Trim.Dr.Com.1952.
Fifth: Laws
A- Iraqi laws
-The Iraqi Civil Code No. (40) of 1951
-Iraqi Procedure Law No. (83) of 1969
-Iraqi Companies Law No. (21) of 1997
-Law No. 10 of 2005 regulating insurance business
B- Foreign laws
-The French Civil Code of 1804
-The French Companies Act of 1966
-The French Civil Procedure Code of 1975