The Adequacy of Legal Regulation of Acquisition and Consortium as a Mean of Economic Focus in Jordanian Legislation: A Comparative Study
Main Article Content
Abstract
The economic focus of commercial companies is one of the mechanisms and means that resulted in modern legal thought, relative to the inclusion of innovative economic methods represented by the conglomeration of companies and small and large commercial establishments under the umbrella of a giant company with a tight legal framework that defines the provisions related to the procedures and the effects of such gatherings and economic blocs that rule over Huge capitals have a profound impact on economic growth at the national and global levels, and the need has emerged to surround the economic concentration operations of companies with this tight legislative framework in light of the radical changes that the global economic system has witnessed as a result of the globalization of competition. Community Verified icon, And the special principles it stipulated in the field of trade liberalization, which prompted companies to unite in the form of large conglomerates in order to preserve their presence in the market and face the economic crises that they may be exposed to, since their survival on their own has become a useless choice and rather a danger to them, given the simple capabilities and Ltd. that it owns and which will not help it pay the risk on its behalf.
Article Details
How to Cite
Noor Mohammed Al-Daraweesh. (2023). The Adequacy of Legal Regulation of Acquisition and Consortium as a Mean of Economic Focus in Jordanian Legislation: A Comparative Study. Polit Journal Scientific Journal of Politics, 3(3), 116-128. https://doi.org/10.33258/polit.v3i3.949
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Articles
References
Basbous, Fayez Ismail, The Merger of Public Shareholding Companies and the Legal Implications Resulting Therefrom, 1st Edition, House of Culture for Publishing and Distribution, Amman, 2010.
Bahgat, Qayed Muhammad, Establishing investment projects according to the build-operate-transfer of ownership system (B.O.T system), or build-own-operate-transfer (B.O.T system), 1st edition, Arab Renaissance House, Cairo, 2000.
Dimri, Adeeb, the Dictatorship of Capital, 1st Edition, House of Culture and Publishing, Damascus, 2000.
Sami, Fawzi Muhammad, Commercial Companies, General and Special Provisions, House of Culture for Publishing and Distribution, Amman, 2014.
Sami, Fawzi Muhammad, Commercial Companies, General and Special Provisions, A Comparative Study, Dar Al Thaqafa for Publishing and Distribution, Amman, 2022.
Sary El-Din, Hani, Legislative regulation of compulsory purchase offers with the intention of acquiring listed companies in the stock exchange in accordance with the provisions of the Egyptian Capital Market Law, Dar Al-Nahda Al-Arabia, Cairo, 2013.
Choucair, Mohamed Labib, Monopolistic Organization of the Global Oil Market, Studies in Petroleum Economics, Institute of International Arab Studies, League of Arab States, 1961.
Shalabi, Amal Muhammad, Legal Regulation of Competition and Prevention of Monopoly, Modern University Office, Alexandria, 2008.
Taha, Mustafa Kamal, Commercial Law, Money Companies, New University Publishing House, Alexandria, 1996.
Fathi, Hussein Mohamed, Offers of Acquisition of Corporate Management, Dar Al-Nahda Al-Arabiya, Cairo, 1998.
Qayed, Mohamed Bahjat, Establishing investment projects according to the build-operate-transfer-ownership system (B.O.T) system, Dar Al-Nahda Al-Arabia, Cairo, 2000.
Komani, Latif Jabr, Commercial Companies, Al-Mustansiriya University, Baghdad, 2006.
Mahrez, Ahmed Hamad, Merger and Division of Companies from a Legal Point of View, Dar Al-Nahda Al-Arabiya, Cairo, 1997.
Mutawa, Ahmed Hassan, Arbitration in International Construction Contracts, Dar Al-Nahda Al-Arabiya, Cairo, 2007.
Mansour, Amjad Muhammad, The General Theory of Obligations, Sources of Obligation, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2019.
Moamen, Taher Shawky, Acquisition of Companies, A Theoretical and Practical Study, Dar Al-Nahda Al-Arabiya, Cairo, 2017.
Noman, Sami Salameh, International Activity Companies and their Impact on Competition, Employment and Export in Developing Countries, 1st Edition, Arab Renaissance House, Cairo, 2008.
Maghabghab, Naim , A Study in Comparative Law, 1st Edition, Al-Halabi Human Rights Publications, Beirut, 2006.
Youssef, Osama Fathi, The legal system for economic concentration operations in competition law, a comparative analytical study, 1st edition, Dar Al-Fikr and Al-Qanun for publication and distribution, Mansoura, 2014.
Al-Warfalli, Ahmed, The Mediator in the Law of Commercial Companies, 3rd Edition, Al-Atrash Complex for Specialized Books, Tunis, 2015.
Second - Academic Theses:
Brik, Souad and Boylatitan, Hanan, MA thesis (the legal system of economic groupings), Faculty of Law and Political Science, Akli Mohand University, Algeria, 2018.
Balour, Suleiman, Master's thesis entitled (The Impact of the Partnership Strategy on the Financial Position of the Economic Institution), Faculty of Economic, Commercial and Facilitation Sciences, Mohamed Khudair University, Algeria, 2012.
Syed, Salma Ali El-Din, Ph.D. thesis entitled (The Impact of Merger on the Financial Performance and Enterprise Value of Public Business Sector Companies), Faculty of Commerce, Suez Canal University, Egypt, 2008.
Kobri, Heba Hazem, MA thesis entitled (The Legal Framework for Terminating Binding Contracts for Two Parties), Faculty of Law, Middle East University, 2021.
Third - Scientific Journals:
Ahmed, Salma Ali El-Din Sayed, research entitled (Motivations for Merger), published in the Journal of Financial and Commercial Research, Faculty of Commerce, Port Said University, No. 2, 2008.
Al-Rashidi, Ali Abdel-Rahman, research entitled (Resignation in Contracts, a Comparative Study between Islamic Jurisprudence and Kuwaiti Civil Law), published in the Journal of the College of Dar Al-Ulum, Ministry of Awqaf, Kuwait, Volume (39), Issue (138), January / 2022.
Al-Taher, Amani Fadlallah, research entitled (The moral personality of the company in the Saudi corporate system, a comparative study), published in the Journal of Sharia Sciences and Islamic Studies, Riyadh, Issue (74), Muharram / 1440 AH
Al-Abadi, Ibrahim Yousef Jovel, research entitled (Acquisition in the Amman Stock Exchange, an analytical legal accounting study), published in the Journal of Legal and Political Sciences, Scientific Society for Research and Strategic Studies, Baghdad, Volume (3), Number (6), 2013 .
Al-Musawi, Ali Fawzi, and Dr. Al-Amiri, Andalus Abd, a research entitled (The Concept of Acquisition, Its Types, and Distinguishing it from Similar Systems), published in the Journal of Legal Sciences, University of Baghdad, Fifth Issue, 2019.
Hussein, Akram Muhammad, research entitled (Provisions of Economic Concentration of Projects, A Comparative Study), published in the Journal of Legal Sciences, College of Law, University of Baghdad, Volume (32), Issue Two, 2017.
Hussein, Muhammad Ismail, a research entitled (Integration in the Jordanian Companies Law Draft), published in the Mu'tah Journal for Research and Studies, Volume (1), First Issue, 1986.
Hamdan, Alaeddin Muhammad, research entitled (Contracting with the administration through the consortium), published in the Journal of the College of Law and Political Science, Diyala University, Volume Four, Number Two, 2015.
Qasim, Muhammad Hassan, research titled (Judicial control over the explicit rescinding condition compared to the occasion of the Court of Cassation ruling, (Civil Chamber), dated 1/1/16/2021), published in the International Journal of Jurisprudence, Judiciary and Legislation, Volume Two, Number Two October 27, 2021.
Muhammad, Zakaria Bayoumi, research entitled (Integration as a means of economic focus, an economic, legal and tax study), published in the Journal of Money and Trade, Cairo, Issue (374), 2000.
Muhammad, Taher Shawky, research entitled (A legal study on a group of companies), published in the Journal of Legal and Economic Research, Mansoura University, sixth issue, 2016.
Wasmi, Ahmed Hassan, research entitled (The Economic and Legal Effects of Acquisitions on the Management of Joint Stock Companies Listed in the Stock Market, A Comparative Study), published in the Legal Journal, Faculty of Law, Cairo University, Khartoum Branch, Volume Four, Number Four, 2018.
Fourth- Legislations and laws:
A- Jordanian legislation and laws:
Jordanian Civil Law No. (43) of 1976.
Jordanian Companies Law No. (22) of 1997, as amended.
Jordanian Competition Law No. (33) of 2004.
B- Egyptian legislation and laws:
Egyptian Civil Law No. (131) 1948.
Egyptian Companies Law No. (159) of 1981.
Egyptian Business Sector Companies Sector Law No. (203) of 1991, as amended.
Executive Regulations of the Egyptian Capital Law No. (95) of 1991.
Protection of Competition and Egyptian Monopoly No. (3) of 2005.
C- Foreign legislation and laws:
The French Law of 1986.
Fifth: Foreign references:
Claude Champaud; Le Pouvoir de Concentration de la Société par Action, Tome, (05),éd. Sirey, Paris, 1992.
Ferrier et D Ferre; “Droit Du Contrôle Nationale Des Concentrations”, éd, Dalloz, Paris, 2005.
European Commission, Seventh Framework Programmer. (FP7), Project Title (Consortium Agreement) , 15/10/2007.
FASB, Statement of Financial Accounting standards No. 8, “Accounting for the foreign Translation of foreign currency Translations and foreign currency Financial statement” , Stamford, 1975.
Hubert Gérald Hubrecht; Droit Public économique, éd, Dalloz, Paris, 1997.
Picon (O), la Bourse, Treiziéme editions, Delmas, Paris, 1998.
Bahgat, Qayed Muhammad, Establishing investment projects according to the build-operate-transfer of ownership system (B.O.T system), or build-own-operate-transfer (B.O.T system), 1st edition, Arab Renaissance House, Cairo, 2000.
Dimri, Adeeb, the Dictatorship of Capital, 1st Edition, House of Culture and Publishing, Damascus, 2000.
Sami, Fawzi Muhammad, Commercial Companies, General and Special Provisions, House of Culture for Publishing and Distribution, Amman, 2014.
Sami, Fawzi Muhammad, Commercial Companies, General and Special Provisions, A Comparative Study, Dar Al Thaqafa for Publishing and Distribution, Amman, 2022.
Sary El-Din, Hani, Legislative regulation of compulsory purchase offers with the intention of acquiring listed companies in the stock exchange in accordance with the provisions of the Egyptian Capital Market Law, Dar Al-Nahda Al-Arabia, Cairo, 2013.
Choucair, Mohamed Labib, Monopolistic Organization of the Global Oil Market, Studies in Petroleum Economics, Institute of International Arab Studies, League of Arab States, 1961.
Shalabi, Amal Muhammad, Legal Regulation of Competition and Prevention of Monopoly, Modern University Office, Alexandria, 2008.
Taha, Mustafa Kamal, Commercial Law, Money Companies, New University Publishing House, Alexandria, 1996.
Fathi, Hussein Mohamed, Offers of Acquisition of Corporate Management, Dar Al-Nahda Al-Arabiya, Cairo, 1998.
Qayed, Mohamed Bahjat, Establishing investment projects according to the build-operate-transfer-ownership system (B.O.T) system, Dar Al-Nahda Al-Arabia, Cairo, 2000.
Komani, Latif Jabr, Commercial Companies, Al-Mustansiriya University, Baghdad, 2006.
Mahrez, Ahmed Hamad, Merger and Division of Companies from a Legal Point of View, Dar Al-Nahda Al-Arabiya, Cairo, 1997.
Mutawa, Ahmed Hassan, Arbitration in International Construction Contracts, Dar Al-Nahda Al-Arabiya, Cairo, 2007.
Mansour, Amjad Muhammad, The General Theory of Obligations, Sources of Obligation, Dar Al-Thaqafa for Publishing and Distribution, Amman, 2019.
Moamen, Taher Shawky, Acquisition of Companies, A Theoretical and Practical Study, Dar Al-Nahda Al-Arabiya, Cairo, 2017.
Noman, Sami Salameh, International Activity Companies and their Impact on Competition, Employment and Export in Developing Countries, 1st Edition, Arab Renaissance House, Cairo, 2008.
Maghabghab, Naim , A Study in Comparative Law, 1st Edition, Al-Halabi Human Rights Publications, Beirut, 2006.
Youssef, Osama Fathi, The legal system for economic concentration operations in competition law, a comparative analytical study, 1st edition, Dar Al-Fikr and Al-Qanun for publication and distribution, Mansoura, 2014.
Al-Warfalli, Ahmed, The Mediator in the Law of Commercial Companies, 3rd Edition, Al-Atrash Complex for Specialized Books, Tunis, 2015.
Second - Academic Theses:
Brik, Souad and Boylatitan, Hanan, MA thesis (the legal system of economic groupings), Faculty of Law and Political Science, Akli Mohand University, Algeria, 2018.
Balour, Suleiman, Master's thesis entitled (The Impact of the Partnership Strategy on the Financial Position of the Economic Institution), Faculty of Economic, Commercial and Facilitation Sciences, Mohamed Khudair University, Algeria, 2012.
Syed, Salma Ali El-Din, Ph.D. thesis entitled (The Impact of Merger on the Financial Performance and Enterprise Value of Public Business Sector Companies), Faculty of Commerce, Suez Canal University, Egypt, 2008.
Kobri, Heba Hazem, MA thesis entitled (The Legal Framework for Terminating Binding Contracts for Two Parties), Faculty of Law, Middle East University, 2021.
Third - Scientific Journals:
Ahmed, Salma Ali El-Din Sayed, research entitled (Motivations for Merger), published in the Journal of Financial and Commercial Research, Faculty of Commerce, Port Said University, No. 2, 2008.
Al-Rashidi, Ali Abdel-Rahman, research entitled (Resignation in Contracts, a Comparative Study between Islamic Jurisprudence and Kuwaiti Civil Law), published in the Journal of the College of Dar Al-Ulum, Ministry of Awqaf, Kuwait, Volume (39), Issue (138), January / 2022.
Al-Taher, Amani Fadlallah, research entitled (The moral personality of the company in the Saudi corporate system, a comparative study), published in the Journal of Sharia Sciences and Islamic Studies, Riyadh, Issue (74), Muharram / 1440 AH
Al-Abadi, Ibrahim Yousef Jovel, research entitled (Acquisition in the Amman Stock Exchange, an analytical legal accounting study), published in the Journal of Legal and Political Sciences, Scientific Society for Research and Strategic Studies, Baghdad, Volume (3), Number (6), 2013 .
Al-Musawi, Ali Fawzi, and Dr. Al-Amiri, Andalus Abd, a research entitled (The Concept of Acquisition, Its Types, and Distinguishing it from Similar Systems), published in the Journal of Legal Sciences, University of Baghdad, Fifth Issue, 2019.
Hussein, Akram Muhammad, research entitled (Provisions of Economic Concentration of Projects, A Comparative Study), published in the Journal of Legal Sciences, College of Law, University of Baghdad, Volume (32), Issue Two, 2017.
Hussein, Muhammad Ismail, a research entitled (Integration in the Jordanian Companies Law Draft), published in the Mu'tah Journal for Research and Studies, Volume (1), First Issue, 1986.
Hamdan, Alaeddin Muhammad, research entitled (Contracting with the administration through the consortium), published in the Journal of the College of Law and Political Science, Diyala University, Volume Four, Number Two, 2015.
Qasim, Muhammad Hassan, research titled (Judicial control over the explicit rescinding condition compared to the occasion of the Court of Cassation ruling, (Civil Chamber), dated 1/1/16/2021), published in the International Journal of Jurisprudence, Judiciary and Legislation, Volume Two, Number Two October 27, 2021.
Muhammad, Zakaria Bayoumi, research entitled (Integration as a means of economic focus, an economic, legal and tax study), published in the Journal of Money and Trade, Cairo, Issue (374), 2000.
Muhammad, Taher Shawky, research entitled (A legal study on a group of companies), published in the Journal of Legal and Economic Research, Mansoura University, sixth issue, 2016.
Wasmi, Ahmed Hassan, research entitled (The Economic and Legal Effects of Acquisitions on the Management of Joint Stock Companies Listed in the Stock Market, A Comparative Study), published in the Legal Journal, Faculty of Law, Cairo University, Khartoum Branch, Volume Four, Number Four, 2018.
Fourth- Legislations and laws:
A- Jordanian legislation and laws:
Jordanian Civil Law No. (43) of 1976.
Jordanian Companies Law No. (22) of 1997, as amended.
Jordanian Competition Law No. (33) of 2004.
B- Egyptian legislation and laws:
Egyptian Civil Law No. (131) 1948.
Egyptian Companies Law No. (159) of 1981.
Egyptian Business Sector Companies Sector Law No. (203) of 1991, as amended.
Executive Regulations of the Egyptian Capital Law No. (95) of 1991.
Protection of Competition and Egyptian Monopoly No. (3) of 2005.
C- Foreign legislation and laws:
The French Law of 1986.
Fifth: Foreign references:
Claude Champaud; Le Pouvoir de Concentration de la Société par Action, Tome, (05),éd. Sirey, Paris, 1992.
Ferrier et D Ferre; “Droit Du Contrôle Nationale Des Concentrations”, éd, Dalloz, Paris, 2005.
European Commission, Seventh Framework Programmer. (FP7), Project Title (Consortium Agreement) , 15/10/2007.
FASB, Statement of Financial Accounting standards No. 8, “Accounting for the foreign Translation of foreign currency Translations and foreign currency Financial statement” , Stamford, 1975.
Hubert Gérald Hubrecht; Droit Public économique, éd, Dalloz, Paris, 1997.
Picon (O), la Bourse, Treiziéme editions, Delmas, Paris, 1998.