legal regulation for creditors' protection in merged companies -A Comparative Study-


Abstract in English

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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