The Legal Regulatory Challenge of the Subsidiary Claim in Light of the Provisions of Palestinian Decree-Law No. (42) of 2021 Regarding Companies (A Comparative Study)
Publication Type
Original research
Authors

This study explores the derivative lawsuit under the Palestinian Companies Law Decree using descriptive, analytical, and comparative methods, including comparison with UAE law. The Palestinian legislation introduced specific rules regulating this lawsuit, requiring detailed examination of its subject, conditions, and grounds.

The study finds that Palestinian law provides partners, members, or shareholders in all company types an effective tool to protect the company’s rights against directors’ or others’ errors or negligence. It grants the right to file derivative lawsuits on behalf of the company to uphold its rights and promote good governance, especially minority protections, within certain legal limits.

However, the study identifies issues with the clarity and effectiveness of the current legal provisions. It recommends legislative amendments to address these gaps and suggests specific changes to improve the legal framework governing derivative lawsuits

Journal
Title
نعيم سلامة
Publisher
جامعة الشارقة
Publisher Country
United Arab Emirates
Publication Type
Both (Printed and Online)
Volume
23
Year
2026
Pages
220-251