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THE MANAGER OF A LIMITED LIABILITY COMPANY UNDER KUWAIT COMMERCIAL COMPANIES LAW: A COMPARATIVE STUDY Dr Yacoub Sarkhoh* INTRODUCTION Ever since companies came into existence laws have been made to regulate them. Hamurabi's code in Babylon contained forty-four articles dealing with the subject of companies. ' Greek and Roman legislations also dealt with companies; Roman law considered a company to be a contract of agreement that produced obligations between the parties to the contract but without creating corporate persons independent of the persons of the partners.2 Islam found that dealings in the form of companies already existed among Arabs. Owing to peoples' needs for companies in their reciprocal dealings and to the nature of commercial life, dealings in the form of companies were approved, and general provisions, without details, were made for regulating them. However, jurisprudence particularised provisions and differentiated between kinds of companies. As Islam spread peoples' interests became multifarious, and Muslims settled;3 companies accordingly were divided into companies of consent, proprietorships, contract companies, capital companies, and partnerships. The Church played a prominent role in the emergence of partnerships in the twelfth century in Northern Italian cities, since its teachings forbade lending with interest. This gave rise
Arab Law Quarterly – Brill
Published: Jan 1, 1990
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