The Tools to protect The Other "who has good intentions” in the period of establishment of the joint stock companies A study in UAE law in the light of Feqh Islamic rules

Abstract

This research includes the tools to protect The Other "who has good intentions” in the establishment of the joint stock company in the companies' law of the United Arab Emirates and Islamic law, by defining the concepts of this study, and identifying the ways and tools to protect the rights of The Other "who has good intentions” during the stage of establishing the joint stock company, with Explanation of the Islamic jurisprudence ruling on protecting the other, when establishing a joint stock company. One of the most important results is that the United Arab Emirates is keen to protect The Other "who has good intentions” dealing with joint stock companies, as a foreigner to the company’s main contract, and he has dealt with the company’s management depending on external appearances without his knowledge of what happened during the establishment period. And that the law distinguishes between the status of partners and the status The Other "who has good intentions” in upholding the invalidity resulting from a breach of one of the formal pillars. Partners may benefit from their negligence of not writing the contract or not performing publicity procedures, while The Other "who has good intentions” may invoke invalidity against the partners. They contracted with him on behalf of the company personally and jointly liable for the obligations arising from this contract.