The Role of Judge in Commercial Companiesin

accordance with Law No. 23 of 2010 on Commercial Activity

Abstract

The study investigates the legislative options to refer to the judiciary in the field of commercial companies mentioned in the Law 23 of 2010. The importance of studying these options is due to the theoretical importance they raise regarding their ability for paving the way to the judiciary to take part in the development and society welfare and their practical importance of identifying the tasks entrusted to the judiciary. This research focused on the path of intervention of the judge in the company in terms of the tasks assigned to the judiciary and the reasons for intervention and in terms of the effectiveness of this system and its ability to respond to the needs of companies and its success in maintaining a balance between the rules and principles of the judicial function and law.  Because the law is keen to resort to the judiciary as a necessary option to resolve many of the issues raised in the article of companies. According to the law, the judge plays several legal roles through legal different texts which organize the status of commercial companies and the intervention of the judiciary in their affairs.