Bernard TEYSSIÉ - Professor (université Paris 2 Panthéon-Assas)
Grégoire LOISEAU - Professor (université Paris 1)
Arnaud MARTINON - Professor (université Paris 1)
Jean-François CESARO - Professor (université Paris 2 Panthéon-Assas)
Christine NEAU-LEDUC - Professor (université Montpellier I)
In Law, the firm is the result of a complex amalgam of legal concepts (employment contract, legal personality, collective representation of workers, etc.). The systematic ordering of these ones is needed to perceive the coherence of the legal organization of that one. Guidelines emerge. Employment contract is the meeting of two parties whose interests are antagonists. But the release of the labor force of the employee, part of his person , and the sustainability of the contract require them to cooperate. This trend is reinforced by some mechanisms non implied by the nature of the employment contract. Are shared the control of the company (which involves the collective representation of workers) and of its benefits. Employees then become nearly considered as the stockholders are. The legal structure of the firm , however, is not fixed by dogma. Competing ideologies are shaping it. Some focus on purposes. The company is alternately used as a means for employment and for the will of the enterpreneur. Others focus on methods. Lawyers and economists try to organize the firm scientifically.