Red Sea Law Office Lawyer - Hurghada

Red Sea Law Office Lawyer - Hurghada Red Sea , Hurghada , Elkawther , above Cotton house Karkocha , second floor , flat number 6

Контрабанда наркотиков --------------------------------------Если вы поймали с наркотиками за границей, Посольство Росси...
21/05/2020

Контрабанда наркотиков
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Если вы поймали с наркотиками за границей, Посольство России, Консульство или России правительство ничего не может сделать для вас. Вы будете обязаны к системе правосудия страны Египет в которой вы оказались. В большинстве стран, хранение наркотиков наказывается гораздо более жестко, чем в России. Условия во многих зарубежных тюрьмах, особенно египетские тюрьмы очень бедны.
Суровые наказания за хранение наркотиков за рубежом
В Египте, лицо считается виновным, пока не доказано обратное. В случае контрабанды наркотиков, часто бывает трудно доказать, что вы ничего не знали о транспортею
Не стал невольным контрабандист наркотиков: -
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Люди иногда используются без их ведома для контрабанды наркотиков.
Наркоторговец может скрыть наркотики в багаже в аэропорту, например, или кто-то вы знаете, смутно может попросить вас провести посылку.
Если вы поймали с наркотиками в вашем багаже за рубежом, вы будете идти в тюрьму. Только если вы можете доказать, что вы ничего не знали о наркотиках
вы пойдете безнаказанными. Это, как правило, невозможно, и люди должны служить лет в тюрьме в стране, где они были арестованы.
Вы можете не стать невольным контрабандист наркотиков.
Вот три подсказки: -
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1 - не оставляйте свой багаж без присмотра;
2 - получить Ваш багаж запечатаны в аэропорту;
3 - никогда не принимать посылку для другого лица, не проверяя, что находится внутри.
- Поддержание в посольство или консульство сообщил:
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Если вы были арестованы в Египте, попросите персонал полиции или в тюрьмах для информировать российское посольство или консульство ваш арест. Сообщить в полицию, хотите ли вы быть посетили сотрудниками посольства или консульства.
- Друзья или родственники в Российской можете позвонить в Министерство иностранных дел сообщает об аресте за рубежом (в Египте).
Жалобы о задержании :-
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- Посольство или консульство может жаловаться только в тюрьму от вашего имени, если вы лечитесь хуже, чем ваши сокамерников. Если это так, то посольство - после обсуждения с вами - настаивают, что вы с ними обращаются гуманно. Если ваши права человека нарушаются - например, если вы подвергаются пыткам - Россия будет держать страну под стражей на вас ответственность.
- Болезнь во время задержания :-
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Есть ли у вас проблемы со здоровьем, для которой требуется регулярное лечение? Сообщить тюремному доктору и посольства, обычно, ваш адвокат.
Есть ли у вас какие-либо жалобы по поводу условий или вашего лечения в тюрьме? В каждой тюрьме процедуру подачи и рассмотрения жалоб. Во-первых, сообщить свою жалобу в тюрьму. Если это не поможет, обсудить вашу жалобу с посольством.
Посольство будет информировать тюремного врача ваших медицинских проблем. Она также может помочь вам получить дополнительные препараты.
Юридическая помощь: -
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Если вы нарушили закон в Египте, вы будете подлежать правовой системы этой страны. Имея российский паспорт не имеет никакого значения этому факту. Вам будет рассматриваться таким же образом, как и любой другой, кто арестован.
Посольство не может гарантировать, что вы будете освобождены или получить режим наибольшего благоприятствования.
Но он может помочь вам найти: -
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1 - юрист.Посольство не будет платить за адвоката. Это может попросить Ваших близких за деньги, чтобы заплатить за юридическую помощь;
2 - информация о судебной системе страны, например, как долго вы можете находиться под стражей в ожидании суда, можете ли вы быть выпущен на свободу под залог, и как вы можете обжаловать;
3 - переводчик;
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Drug smuggling
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If you are caught with drugs abroad, the Russian Embassy, Consulate, or Russian government can do nothing for you. You will be subject to the justice system of country of Egypt in which you have been caught. In most countries, possession of drugs is punished much more harshly than in the Russia.
The conditions in many foreign prisons, especially Egyptian prisons are very poor.
Harsh penalties for drug possession abroad
In Egypt, a person is considered guilty until the contrary is proved. In the case of drug smuggling, it is often difficult to prove that you knew nothing about the transport
Do not become an unwitting drug smuggler :-
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People are sometimes used without their knowledge to smuggle drugs.
A drug dealer might hide drugs in your luggage at the airport, for instance, or someone you know vaguely might ask you to carry a parcel.
If you are caught with drugs in your luggage abroad, you will go to jail. Only if you can prove that you knew nothing about the drugs will you go unpunished. This is usually impossible, and people have to serve years in prison in the country where they were arrested.
You can avoid becoming an unwitting drug smuggler.
Here are three tips:-
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1 - don’t leave your luggage unattended;
2 - get your luggage sealed at the airport;
3 - Never take a parcel for another person without checking what’s inside.
- Keeping the embassy or consulate informed :-
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If you have been arrested in Egypt, Ask the police or prison staff to inform the Russian embassy or consulate of your arrest. Tell the police whether you want to be visited by staff from the embassy or consulate.
- Friends or relatives in the Russian can phone the Ministry of Foreign Affairs to report an arrest abroad (in Egypt).
Complaints about detention:-
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-The embassy or consulate can only complain to the prison on your behalf if you are being treated worse than your fellow inmates. If that is the case, the embassy will – after discussions with you – insist that you be treated humanely. If your human rights are being violated – for instance, if you are being tortured – Russia will hold the country detaining you responsible.
- Illness during detention :-
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Do you have medical problems for which you require regular medication? Inform the prison doctor and the embassy, usually, your Lawyer.
Do you have any complaints about the conditions or your treatment in prison? Every prison has a complaints procedure. First, report your complaint to the prison. If that doesn’t help, discuss your complaint with the embassy. The embassy will inform the prison doctor of your medical problems. It can also help you obtain additional medication.
Legal assistance :-
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If you have broken the law in Egypt, you will be subject to that country’s legal system. Having a Russian passport makes no difference to this fact. You will be treated in the same way as anyone else who is arrested.
The embassy cannot ensure that you will be released or receive preferential treatment. But it can help you find:-
1 - A lawyer. The embassy will not pay for the lawyer. It may ask your relatives for money to pay for legal assistance;
2 - information about the country’s judicial system, such as how long you may be kept in custody awaiting trial, whether you can be released on bail, and how you can appeal;
3 - an interpreter;
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30/04/2015

The Conditions Necessary for the Juristic Person
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to Acquire the Quality of Merchant.
Concerning the quality of merchant, the legislator did not distinguish in the old code of commerce between: -

The natural person and the juristic person :-
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The juristic person acquired the commercial quality if its purpose or the object for which the company was created was practicing commercial acts. If the company's purpose or object was practicing civil acts, then the company was civil. Hence, the criterion adopted to distinguish commercial companies from civil ones was the nature of its object and its main activity according to its contract.

Adopting the company's object as a criterion to determine its type posed many difficulties related to determining whether the nature of its activity is civil or commercial. Especially that, as previously shown, the legislator did not define the commercial act and doctrine was unable to clarify its concept.

Also, it could be difficult to determine the company's main object because its activities could be numerous and interrelated; sometimes it practices commercial acts and other times it practices civil ones. In order to avoid such difficulties, the legislator, in the new code of commerce, followed the example of the French legislator and adopted a formal criterion in determining the company's quality.

Article 10 of the code of commerce considers a merchant
(B - any company taking one of the forms stipulated in company law regardless of the object for which it was created). According to this provision, a company is commercial even if its object is not undertaking commercial acts as long as the company takes one of the forms stipulated in company law.

According to the law on commercial companies, these take six forms mentioned exhaustively:-
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(Partnership – Limited Partnership –Mohassa Company – Joint stock Company – Limited Pertnership by shares – Limited liability companies).

Hence, with the exception of the Mohassa company whose type is determined according to their object since it is not a legal person, any company taking one of the previously mentioned forms is commercial regardless of the object for which it was created and even if its activity were civil. Thus, a partnership created by a groups having liberal professions such as; lawyers or doctors is a commercial company subject to commercial law rules including register in the commercial register and keeping commercial books, despite the fact that its activity is originally civil. Consequently, in accordance with the accessory commercial acts theory, the commercial company's activity is commercial even if originally it is civil by nature. Since the Egyptian legislator followed the example of his French peer in adopting a formal criterion to grant companies the commercial quality.

He should have also followed his example in setting a private system for professional civil companies.

Nevertheless, applying the formal criterion to determine the commercial character of companies posed some difficulties in the case of companies created prior to the promulgation of the new code of commerce on October 1, 1999. This criterion is only applied to companies created after that date. The new code of commerce did not mention that its provisions are applied to companies created prior to the date. Therefore their commercial quality is still determined by their object. No doubt that this leads to an unacceptable situation. We might have two companies with the same activity; one is subject to commercial law and the other to civil law.

In principle, the company's commercial quality does not extend to the partners if they did not have this quality from before. However, sometimes the company's commercial quality affects the partners who become merchants upon joining the company. This is the case of the general partners in partnerships and limited partnership for they conclude acts with third parties in the company's name which includes some or all of the general partners. Moreover, their liability of the company's debt is personal and joint. As for limited partners they do not acquire the quality of merchant since their liability for the company's debt is limited to their contribution. Finally, Article 20 of the code of commerce stipulates that:
(The quality of merchant is not granted to the state and other public law persons). So, if the state or any other public body such as: provinces (Mouhafazat) and ministries took commercial acts as a profession they do not acquire the quality of merchant. The reason is that this quality is contradictory to the State's mission and sovereignty.
Hence, it is not subject to obligations imposed to merchants
such as:
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Registering in the commercial registry and keeping commercial books, and it is impossible to declare its bankruptcy.
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As for public sector companies, in virtue of law 203 of 1991, they are not among public law persons but among private law ones similarly to other companies.
Therefore they acquire the quality of merchant for they take the form of a joint stock company. Consequently, public sector companies are obliged to register in the commercial register and to keep commercial books.

However, it is impossible to declare their bankruptcy since this is contradictory to their public nature and their activity related to the State's economic plan. Moreover, declaring the bankruptcy of public sector companies would condemn the State's planning and monitoring policies to failure.

Even though the State and other public persons do not acquire the quality of merchant, their acts are none the less commercial; these acts maintain their commercial character and are subject to commercial law.

This was explicitly stipulated in article 20 of the code of commerce:
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(Despite that, the provisions of this law are applicable to commercial acts practiced by them except those acts exempted by a private provision).
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30/04/2015

The Juristic Personality of a Company
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I- Beginning and ending of the juristic personality of a Company:-
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In principle, all types of companies acquire the legal personality with all its attributes, regardless of the object for which it was established. The only exception to this rule
"Mohassa Company" or "silent partnership" which does not acquire a juristic personality. A company is considered a juristic person once the valid formation of the contract is completed. Companies of persons are legally created after partners agree on its establishments and on all other clauses included in the contract. As for capital companies, they are legally created after the termination of all procedures related to the establishment. Hence, for the company to acquire the juristic personality, it is not required, in principle, to adopt the procedures of publication provided by the law.
However, the joint stock company, the partnership limited by shares and the limited liability company do not acquire the legal personality and may not practice their activity unless they are registered in the commercial register. Linking the acquisition of the juristic personality with the registration in the commercial register results from the desire to verify the actual establishment of the company which required the announcement to third parties and the guarantee of the company's creation. Once the company acquire its legal personality it maintains it during all the period of its existence and until it is dissolved or terminated. Despite the dissolution, the company will continue to have its legal personality during the liquidation period (article 533 c.c.).
This rule is logical since liquidation procedures necessitate the undertaking of many dispositions in the company's name. This will not be possible unless the latter maintains its legal personality. Furthermore, this rule prevents the passing of the company's assets to partners upon termination. Consequently, it prevents completion from personal creditors of partners against the company's creditors in the ex*****on of these assets. However, the legal personality recognized to the company during the liquidation period is incomplete. In other words, it is limited to the sole purpose of liquidation and to its extent.
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II- Consequences of the legal personality of a company:-
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A - The aptitude of a company to acquire rights and assume obligations:
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Once the company is establishment as a valid juristic person. It is able to acquire rights and assume obligations, unless these rights or obligations are inherent to the natural person.
B - Separate Patrimonium:
The company as a juristic person has a personality independent from that of its partners, meaning that it has its own rights and obligations that differ from those of the partners. Consequently the company has a partimonium separate from that of each of its members. Patrimonium is defined as the mass of a person's pecuniary rights and obligations. Hence, the patrimonium of a company is deemed the general guarantee for its creditors, not for the personal creditors of members.
The personal creditors of members have no resources against the company for the payment of their debts. Nevertheless, there is an exception to the principle of separation of patrimoniums with regard to certain companies. In fact, in the case of a company of persons, all or some of the members are personally liable for the company's debt. Thus, company creditors may go against the members for the payment of their debts vis-à-vis the company.
Furthermore, as a result from the separation of patrimoniums, the bankruptcy of the company does not lead to that of the members. Moreover, if a certain member is declared bankrupt, the company is not declared as such. However, in partnerships, the bankruptcy of the company leads to that of its members since they are personally liable for its debts.
C - The capacity of the Company:-
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The company as a juristic person enjoys the capacity of exercise within the limits of its object. In other words, the company has the capacity to undertake all acts and transactions necessary for the realization of its object as stipulated in the contract. The company's capacity results in its civil liability.
It cannot however be penalty liable. In fact a juristic person is fictitious and may not conceivably be submitted to penal punishment. Despite that, a company can be penalty liable for a crime sentenced by a fine such as customs and tax evasion, for the fine in this case is considered a civil indemnity for the public treasury for the harm it incurred.
D – The name of the company:-
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Every company has a name that distinguishes it from other companies. This name may be that of one or more of the partners as for the company of persons. In this case, the name should be followed by "…. & co." to demonstrate the company's personality which is independent from that of partners.
On the contrary the name of the capital company is derived from its objective. The limited liability company. For its part, derives its name either from its objective or from the name of one or more of its members.
E - Domicile of the Company:-
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The Company also has its own domicile, which is independent from that of the partners. The domicile of a company is determined by the place where the management headquarters are located, i.e. where the bodies in charge of management are found. The domicile of the company of persons is where the manager practices his acts or activities. As for the capital company, its domicile is where the board of directors and the general assembly of shareholders convene.
Management headquarters of a company differ from the business center. While the former is considered the company's domicile, the latter is where the company performs its activity. There might be more than one management headquarters, for example when the company has several branches in different place.
In this case the principle center is taken into consideration upon determining the company's domicile. Nevertheless, the legislator, in order to facilitate dealings, made it possible to consider the place where each branch is located a domicile for the actions related to it. Hence, it is possible to bring action before the court of the circuit where the branch's domicile is located in matters related to it.
Furthermore, the company's domicile determines the legal system that governs it, the local jurisdiction as well as the company's nationality. All legal notices should be addressed to the company's in its domicile. It is to be noted that the real management headquarters are the ones considered and not the ones determined by the company contract.
F – The nationality of the company:-
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The nationality of the company's is determined by its domicile i.e. the state where the management headquarters are located regardless of the nationality of members or of those in charge of management and supervision, and regardless of the source of the company's capital.
Consequently, if a company's main management headquarters are in Egypt then it is an Egyptian company. However, if the management headquarters are abroad, the company will be foreign even if it practices its activity in Egypt.
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30/04/2015

3 - The formal elements of a company contract required by law:-
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For the company contract to be valid, it is necessary that the formal elements exist writing and publication.

Writing :-
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is an essential and basic element for the conclusion of a company contract. It is not merely a means of evidence. This, in fact was stipulated by the legislator in Article 507 of the civil code (The company contract should be in writing, otherwise it is void. Also will be considered void any modification of the contract not made in the same form).

Consequently, any company contract not made in writing is deemed void. This rule is general and applied to both the civil and the commercial company contract.

This form, however, is not required for "al mohassa" company (the silent partnership). In other words, the contract of this company is valid even if not made in writing. This is possible, since the al mohassa company, contrary to other forms companies, does not have a legal personality.

Writing is necessary for the existence of a company, but it is also necessary for its proof.

Moreover, Article 506 of the civil code stipulates that:-
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( Once established, the company becomes a juristic person, but it may not invoke this personality vis-à-vis a third party unless the proceedings of publication are fulfilled ).

Thus, with the exception of al Mohassa Company,
the legislator required the publication of the company contract. The proceedings of publication differ according to the form of company object of publication.
If the company contract is not published, the company is deemed void.

30/04/2015

2 - The specific elements of the company contract.
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1 – Multiple members:
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Article 505 of the civil code stipulates that the company is:-
(A contract by which two persons or more undertake …….).It can therefore be deduced from this provision that multiple partners constitute a necessary element for the creation of a company. Hence, as a general rule, Egyptian law does not allow the creation of a single person company.

(Multiple partners) is an essential element not only at the outset of the company, but also for its survival. Consequently, a company is dissolved and liquidated if its contributions or shares fall into the hands of a single partner.
The rule states that the minimum number of members in a company is two. However, joint stock companies and limited liability companies constitute an exception to the rule, for the number members cannot be inferior to three.

There is no ceiling for the number of members of a company except for the limited liability company. The legislator provided that the number of members of this company may not exceed 50. If the number exceed this limit due to inheritance or will, the members are granted a year to remedy the situation in accordance with the law or launch procedures to change the form of the company into a joint stock company; otherwise the company may be terminated by a court decision.

After ensuring that the rule of multiple members is respected, there is no problem if the member is an individual or a juristic person.

2- Presentation of contributions:
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For the company contract to be valid, each member should present the contribution he promised, because the company's capital- considered the general guarantee for creditors – consists of these contributions. Contributions of members are not necessarily equal in value. They should however be evaluated since the member's share in profits and losses depends on his contribution.

If a company failed to determine the value of contribution, then it is presumed by law that contribution made by company members are equal in value (Article 508 of the civil code). This presumption is simple and may be disproved.

It is possible that the contributions of members are not of the same nature. According to Article 505 of the civil code, the contribution of members in the company capital may take on one of the following forms: -
( Money, in kind, Services or Credit ).

A – Contribution in money:
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The contribution of a member often takes the form of money. In this case, he should perform his obligation at a fixed time determined by the contract. If there is no agreement about the time of payment, then the contribution should be made immediately upon the conclusion of the contract.

The obligation of the member to pay his contribution is subject to the general rules. In other words, if a member fails to perform his obligation, he is liable to pay interest as of the day the payment was due. If necessary, the company may ask him to pay damages.

B – Contribution in kind:
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The contributions to the company business may be in movables:-
( Goods, machines, trademarks, or immovable things (piece of land).

The rules to which the contribution in kind is subjected depend on whether the contribution is presented for the ownership i.e.ownership is transferred to the company, or for the enjoyment i.e. the company enjoys it but it remain the property of its owner.

If the contribution in kind is made the ownership, it is permanently transferred from its owner to the company and becomes part of the general guarantee presented to creditors. In principle, the contribution is owned by the company unless otherwise agreed upon or provided for by a custom (article 508 of the civil code). Once the contribution is presented for the ownership, it is subject to the general rules of sale, especially those related to the procedures of transfer of property.

However, if the contribution is presented for the enjoyment, it remains in the property of its owner. The company has the right to enjoy it only; in this case, the contribution is subject to the general rules of rent (Article 511/2 of the civil code).

C – Contribution in industry:
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The contribution of a member may be in the form of money or in kind, but may also be in services (industry). In other words, he may perform a certain act for the company allowing it to realize profit. Financial, technical or administrative expertise, for example, could be considered contribution in industry.

For the member to have a share in the company, the work or services he offers should play an important and serious role in the company's success. Hence, the work is not judged by its nature but rather by its importance for the company's activity. Consequently, it was decided that the trivial work.
Which does not benefit the company and does not contribute in its success, is not considered a contribution and its provider is not a partner.

When the member's contribution takes the form of a service, he may not perform the same service on his behalf or on that of a third party since this would involve competition against the company. In case the member violates this prohibition and gains profit, he is then obliged to return this profit to the company.

This prohibition, however, does not prevent the member from performing, for his account, acts other than those provided for the company and from keeping their gain for himself; on condition that these acts do not affect the effort he should make in order to provide the work he promised to offer as a contribution to the company. If this happens, the company may bring action against him for indemnity.

The partner's promise to offer work as a contribution to the company is considered a continuous obligation performed on a daily basis. Consequently, he assumes the effects of the dissolution of his contribution. For instance, if he becomes totally unable to perform his work during the company's life due to a sickness or handicap, he is considered incapable of presenting his contribution. Then, the partnership is terminated and he has no right to a share of the profit.

When the company is dissolved and liquidated, the industry partner recuperates his contribution. Thus he is free to dispose of his time and work and is not obliged anymore to allocate his time and work to the company's interest.

D – Contribution in credit:
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Member's contribution may take the form of a commercial credit or trust that he detains. Indeed, the commercial credit has a financial value similarly to the trade name. The contribution, however, cannot consist of a mere social or political influence.

* Capital of the company:-
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The capital of the company consists of the contribution in money and in kind. These contributions are nothing more than a guarantee for the company's creditors since they can be subject to ex*****on. The capital alone does not indicate the company's real financial situation, which is indicated by what we call "Assets".

By assets we mean the total property of the company at a certain time i.e. all movables and immovable owned by it, in addition to all its rights towards third parties. The value of the company's assets changes from time to time depending on the development of the company's activities and on its profits or the losses. Assets are in fact the real guarantee of the company's creditors.

The company is therefore obliged to maintain an amount of its assets that may not be inferior to its capital value at the time of its establishment. The reason behind this is that the company's assets constitute the real guarantee for creditors and the capital is the minimum of that guarantee. Therefore it may not be touched.

The company's obligation to maintain its capital without touching it is called the principle of fixity of capital. Hence, a company may make distributions only from the profits available for that purpose.

C- Sharing profits and losses:
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Sharing profits and losses is deemed an important element in the company's contract. This element is the one that distinguishes the company from the association. The former always aims at realizing profit, while the latter is a group of persons, either natural or juristic, aiming at realizing a certain objective.

The method of sharing profits and losses is determined by the contract i.e. by the agreement between members. This agreement may not in any case insert a clause in the contract depriving a member from profit or exempting him from losses. This condition is called the "Leonine clause" and the company containing it is called the "Leonine Company".The Leonine clause is null since it is contrary to the essence of a company as defined by article 505 of the civil code. This nullity affects also the company's contract and leads to its termination.

Once the previous restriction is respected, limiting the member's liberty in distributing profit and losses, then the method applied in this distribution becomes irrelevant. No importance is given to whether the distribution is based on arithmetic equality between members or it is proportional to the contribution of each in the capital.

If the members didn't agree on the method of distribution of profits and losses, then are applied the general rules provided by article 514 of the civil code.
According to this article, if the contract didn't specify the share of each member in profits and losses, then these should be shared in proportion to the capital contributed by each one. If the contribution of one of the members is limited to his work, then his share in profits and losses should be determined according to the importance of his work for the company.

D – The " Affectio Societatis ":
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Even though not mentioned by the legislator while defining the company contract, the affectio societatis: is considered an important and essential element in it.
(A company implies necessarily the existence of a certain spirit of cooperation among its different members. They are supposed to cooperate actively and on equal terms to realize the company's objectives with a view of sharing the profits and losses of the business.)

It can therefore be deduced that affectio societatis is based on three elements:-
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1- Voluntary desire:
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The Company is not established obligatory. It sees the light between individuals desirous of establishing it with each other. In this sense, it differs from the co-ownership which exists between persons owning property jointly or in common.

2- The aspects indicating a positive cooperation between partners:
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In order to achieve the company's objective, such as offering contributions, regulating the company's management ……. etc. This element distinguishes the company contract from the facultative co-ownership.

3- Equality between members:
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We do not mean by equality here the arithmetic equality in sharing equally profits and losses. This is determined by member's agreement. We mean equality in their legal status, whereby no member is dependent of other, and there is no employer and employee. All cooperate equally in the work in order to realize the objective for which the company was established.

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