Year:2023   Volume: 5   Issue: 5   Area:

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  3. ID: 900

BENYAHIA Chareuf, SLIMANI Fatima

THE LEGAL FRAMEWORK FOR SMALL TRADERS IN ALGERIAN COMMERCIAL LEGISLATION

It is no different that commercial work was at its beginning a simple work done by individuals (natural persons), then it increased in expansion in size and territory until merchants were able to introduce the denominations system, and with the beginnings of the emergence of commercial companies, the commercial law focused on small projects for private individuals, under the influence of the general provisions of the law The civil (individuals law) where the state extracted from them the organization of large projects for fear of the tyranny of large merchants over the systems of government, so the joint stock companies were organized as they require huge sums in the form of decrees, and perhaps this influence still exists although it has become less severe in our time. The Committee on International Trade Law of the United Nations has called on more than one occasion to pay attention to small traders through the approach of "thinking on a small scale first" and called on developing countries in particular to include, recognize and support them in the various legal texts regulating them. It goes without saying that the Algerian commercial law is the regulator of the principles and rules of trade with all its actors: merchants, their obligations, commercial activities, etc. However, these principles and texts are often general without specification (registration in the commercial registry, commercial and accounting bookkeeping...) as they apply to all Merchants without specifying, and the special legal texts regulating commercial life have recently known accelerating rates. Or is it not fair to reconsider this generality by adopting legal texts for small traders, individuals or companies, with regard to obligations? With an explanation of how? Is this legislative richness or is it a place of contradiction and contradiction of provisions? Accordingly, the researcher suggests the need to reconsider the provisions of the Algerian commercial law by granting privacy to this category in terms of activity, incorporation, reduction or exemption from obligations and the proposed alternatives? As well as the privileges that may be enjoyed by small traders, individuals and companies, to develop their activity in support of the national economy, and to call on the Algerian legislator to recognize the individual small trader and strengthen the position of the small trader as a legal person, while ensuring that the texts governing small and emerging commercial companies meet the principles of governance.

Keywords: Entrepreneurship; University; Innovation; Creativity; Leadership; Development; Economy; Enterprise

http://dx.doi.org/10.47832/2717-8293.25.33


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