Background and Aim: Organizational theory, which is a legal establishment close to the new economy, along with the principle of free will in economic and commercial law, analyzes the nature of structures, both in form and content. This research, with the aim and assumption of the effectiveness of organizational management, examines its encounter with challenges and opportunities, taking into account jurisprudential foundations.

Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library.

Findings: Organizational theory can be considered as an expression of the will of individuals to freely contribute to improving performance and innovation in companies. This theory and its main variables are acceptable within the framework of jurisprudential principles.

Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Conclusion: Organizational theory will be comprehensive and efficient if it is redefined and linked to freedom within the framework of jurisprudential requirements and principles. Laws are faced with frequent conflicts between public order and government intervention, which are not compatible with the goals of the private economy. The principle of freedom of companies according to Article 144 of the new trade code can create a huge transformation in this field with the approach of organizational theory based on free will, without undue government intervention.