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Register a new userlegal regulation for creditors' protection in merged companies -A Comparative Study-
التنظيم القانوني لحماية الدائنين في الشركات المندمجة -دراسة مقارنة-
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على الرغم من الدور الإيجابي الذي يلعبه الاندماج في حياة الشركات المندمجة، إلا أنه قد يؤثر سلباً على حقوق الدائنين فيها، إذ يترتب عليه انقضاء هذه الشركة و زوال شخصيتها الاعتبارية، و انتقال ذمتها المالية إلى الشركة الدامجة أو الجديدة، و بالتالي تعرض حقوق الدائنين إلى المخاطر عندما يكون المركز المالي لأي من الشركات الداخلة في الاندماج معسرًا، مما يؤدي إلى ضعف الضمان العام للدائنين، لذا نصت التشريعات على بيان مصير هذه الديون كما و نصت على منح الدائنين حق الاعتراض على الاندماج إذا كان من شأنه الاضرار بحقوقهم إلا أن هذه التشريعات اختلفت في تنظيمه، و هنا يرتكز محور البحث حول التنظيم القانوني لحق الدائنين في الاعتراض على قرار الدمج و ما يطرحه هذا التنظيم من إشكاليات.
In spite of the positive role played by the merger in the life of the merged companies, but it might negatively affect the creditors' rights, as it leads to termination of such company and the end of its legal personality and the transfer of its financial disclosure to the merging company or the new company. Therefore, the creditors' rights would be jeopardized when the financial position of any of the companies in the merger is insolvent, which leads to weakness of general guarantee of creditors, so the legislations stipulated on definition of the destiny of such debts, as well as giving creditors the right to object on the merger if it would jeopardizes their rights. However, these legislations varied in regulation of it. This is the focus of the research, i.e. around the legal regulation of creditors in objection on the merger decision and the problems imposed by this regulation, as the Syrian legislator regulated the right of objection.
References used
قانون الشركات السوري رقم 29 لعام 2011
اللهيب ، عبد العزيز أحمد عبد العزيز ، 2008 ، الآثار القانونية لعملية اندماج الشركات رسالة ماجستير ، جامعة القاهرة.
القليوبي ، سميحة ، 2008 ، الشركات التجارية . ط 4 ، دار النهضة العربية.
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