CHANGE OF CIVIL-LEGAL OBLIGATIONS IN CERTAIN FORMS OF REORGANIZATION

Аннотация

Termination of a legal entity is a legal fact that leads to specific consequences. The liquidation of a juridical person as a legal entity means termination of the activities in the future. Inactivity affects the rights and interests of many individuals. Although acting or not acting as a legal entity is based on the desire and declaration of will of a juridical person, it results in a conflict of rights and interests of the founders, participants, creditors of the legal entity. In this conflict in the future, the fate of the rights of persons concerned and the problem of their protection arises. In both types of liquidation of juridical persons - reorganization and liquidation, the solution to this problem is solved differently depending on their legal consequences. If at the time of liquidation the rights and claims of creditors and other interested persons (participants, stockholders, shareholders, partners) are directed to the property of the liquidated legal entity, in the event of reorganization, their claims shall be directed directly to the legal successor or to the reorganized legal entity until the termination of the reorganization. Therefore, the assessment of the impact of the reorganization of legal entities on the existing civil-legal obligations before the reorganization, as a result of which the reorganization is a method of liquidation of the legal entity, a legal assessment of the abolition or continuation of a civil-legal obligation is one of the problems of today’s civilistic thinking.