التنظيم الاتفاقي لالتزامات الشريك

Abstract

The legislator puts many commitments on the partners aiming at protecting the third parties and to protect the partners themselves.The legal texts incorporating these commitments form the public system in the provisions of the commercial companies. Since these commitments are peremptory, partners should not derogate from. However, the legislator did not limit them. Thus, the partners may find themselves obliged to make other commitments. In this case, these latter are not considered to be originated from the law but rather from the will of the partners. They can include new commitments in the Basic Law on formation or during the work process in the company. And since it's easy to explain the existence of conventional obligations by resorting to conventional freedom, the doctrine here does not hesitate in assessing the validity of some of the conventional commitments