التنظيم القانوني للمشاريع الناشئة (دراسة مقارنة)

Legal regulation of emerging projects (A comparative study)

Abstract

Scientific legal research on the topic of emerging projects is one of the modern and very important topics in commercial work, as contemporary reality indicates the existence of many emerging commercial projects in all or most countries of the world, and these projects have become the basis of trade and economic development in countries, and therefore most countries have worked to direct their legislative and service policies to support these projects, as they are an important pillar in commercial development in particular, and economic development in general, and because of their important and significant effects in terms of providing job opportunities that lead to social and political stability in general. These projects are considered new in origin and existence, as they were not previously known, and have not been researched and addressed from a legal perspective, and their idea is the existence of a specific commercial business project based on an innovative and creative idea that was not previously known that meets a new need and desire, whether by producing a specific thing or providing a service in various fields without specifying, or introducing a modification or change in a previous product so that it meets a new and emerging need among customers. In this context, the legal problem arises about the nature of these projects? Is their work commercial? Therefore, are they commercial companies? Do they have a unique privacy that distinguishes them from others? Are they classified as money companies or personal companies? The main problem in the subject is the lack of legal regulation for them. We will show all of this in this research by stating the conceptual framework for emerging projects in terms of their nature and legal nature, as well as addressing the foundations on which these projects are based from creative ideas and pioneering works, and also addressing their founding framework, in terms of the regulatory and procedural framework, as well as the mechanisms and means of supporting them, and all of this is in order to urge the Iraqi legislator to follow the example of comparative legislation and others, in terms of issuing a special legal regulation for them, or amending the Companies Law No. 21 of 1997 in force, in a manner that is consistent with this type of projects. Supporting our study with a proposed draft law entitled ((Startup Companies Law .))