Alhesain, Ishaq and Milman, David (2018) Dissolution of companies and partnerships : a comparative study between Saudi law and English law in the light of Islamic law. PhD thesis, Lancaster University.
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Abstract
Companies and partnerships are the backbone of business and constitute most types of business structures. They help foster economic growth, boost employment in countries and generate tax income for governments. Therefore, the survival of companies and partnerships coupled with increases in their numbers is considered an indicator of strength and stability of a country. Conversely, dissolution of companies and partnerships is a negative indicator because countries and societies lose all these advantages thereby. The legal consequences of dissolution of a company are the termination of the company, with its legal entity coming to an end and its removal from Companies House Register. The company name is then available for usage by a new company. This thesis aims to show the importance of addressing the causes of dissolution of companies and partnerships in the law of Saudi Arabia, in Islamic Law (with which Saudi law must comply), and in English law, one of the oldest and most important legal systems in existence. This aim will be achieved through the exploration and analysis of these causes. Critique will be made of some of these causes and suggestions for law reform and alternative methods of dissolution of companies and partnerships. This takes into account two aspects. Firstly, that law reform should be comprehensive, which means that it should include all causes of dissolution of both companies and partnerships; secondly, that law reform should encourage the continuance of business wherever possible. Additionally, this thesis aims to clarify the meaning of “companies” and “partnerships” and to distinguish between them as far as possible, as the distinction is not always clear as in the case of quasi-partnerships. Moreover this thesis will demonstrate the meaning of dissolution in Saudi law and English law.