Legal Regulation of the Labor Share in Persons Companies

Abstract

After the issue of the share of work in the scope of the companies of persons is one of the important topics within the framework of the theory of the company, as the legislator acknowledges the possibility of the partner providing a share represented in his work, experience or professional activity in addition to the cash and in-kind shares, as this subject has taken a sufficient legal space to regulate it, and the share of the business is characterized by its own nature as it does not enter into the capital and is not considered part of the general guarantee of creditors, due to its inability to be accurately financial evaluation at the time of incorporation, however, it follows It has important legal effects, as the applicant acquires the status of a partner and enjoys rights, most notably sharing in profits in exchange for his commitment to perform the agreed work and exerting the necessary care, as well as the estimation of his share in profits and losses is subject to the agreement of the partners, as well as the legal liability resulting after the provision of the business share, whether it is towards the company, towards the partners, or towards third parties, and what justifies the role of personal consideration in this type of shares, which is based on the companies of persons, which took By giving the business share a legal value even though it is not included in the capitalThis research employs both analytical and comparative methodologies, meaning it analyzes legal texts in Iraqi legislation and compares them with Arab and foreign legislation, drawing upon jurisprudence and judicial precedents to interpret legal trends on this subject.

Based on the foregoing, the research will be divided into two sections. The first section will address the concept of labor contribution in partnerships, defining it and outlining its legal framework. The second section will examine the legal implications of contributing labor, including the rights and obligations of the contributing partner, as well as the legal liability arising from such participation. The research will conclude with a summary of its findings and recommendations.