أثر تحول الشركة التجارية على مبدأ استمرار الشخصية المعنوية : دراسة مقارنة

الملخص EN

One of the most important features that distinguishes the commercial company’s contract from the rest of the contracts is its singularity with the creation and secretion of a legal and moral entity that enjoys autonomy and a distinct personality that enables it to play the same role that a natural person can play on the stage of legal life, and in this sense it is considered a person of the law that addresses its provisions, its affair In the case of natural persons, In anticipation of the various obstacles that may affect the company and cause its termination, various legislations have created a legal mechanism represented in changing the legal form or as the company transformation process is termed, as it is one of the methods that countries follow to confront the changes that occur in the economic conditions of the company after its establishment and start of its activity.

Which requires changing its legal form to suit these circumstances.

Thus, the goal of the company’s transformation process is the continuation of the economic project represented by the legal person, which means the continuation of the legal personality of the company, i.e.

the removal of the legal person from dissolution and the creation of a new person, and therefore there is no room to raise the idea of transformation except on the legally existing Given the effectiveness of the commercial company in the economy and society, and from this point of view, the legislator intervened to organize the transformation process, in an effort to protect the higher interests of the state and its economy, in addition to ensuring the protection of the legal positions of the parties to the transferring company, which prompted us to try to research and shed light on the impact of the transformation of the commercial company on the principle of continuity of personality morale.