LEGAL SUCCESSION IN AN ECONOMIC PROCESS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to legal succession in an economic process. In particular, economical succession in the case of reorganization (merger, accession, division, transformation) is investigated. The institute of succession has been analyzed in cases of replacement of a creditor or debtor in an obligation, in the case of the death of an individual and declaration of her death, as well as in other cases, the replacement of a person in the relationship in which the dispute arose. On the basis of legal analysis of positions of the art. 25 of Economic Procedural Code of Ukraine, other Laws, decisions of plenum of the Higher economic court of Ukraine and other sources, the lighted up questions are related to realization of legal succession. This scientific article investigates the most essential aspects of juridical nature of the economic procedural heirship institute. The economic procedural heirship conception is formulated in particular, its subject content and initiation pre-conditions are investigated as well as scientific-based proposals regarding improvement of the economic procedural legislation of Ukraine are introduced. It is justified the offers to determine the date of the succession of the material in case of reorganization of legal entities. It is concluded that the basis of procedural succession of legal entity as a result of its reorganization is its succession in substantive sense, which is universal and is formalized by transfer deed and by excluding information about the reorganized legal entity from the Unified State Register.
Authors and Affiliations
Ю. С. Канарик, Н. В. Синюк
Keywords
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