مبدأ المحافظة على استمرارية الشخصية المعنوية للشركة التجارية

Abstract EN

Legislators have been interested in the principle of maintaining the moral personality of a commercial company, ever since reasons calling for its dissolution emerged.

Therefore, they gave the judge the authority to prevent the company’s moral personality’s termination, by amending it and assessing the seriousness of the reasons for its dissolution.

Moreover, the company, including its partners and shareholders, can prevent the immediate termination of its moral status by maintaining the existence of the company after its dissolution and throughout its liquidation.

The transformation of the legal form of a commercial company is often due to economic difficulties.

This transformation helps to avoid the dissolution of the company.

And that is why legislators have allowed this transformation, in order to prevent the company for dissolving, when faced legal reasons that may lead to its termination.

Thus, whatever the reason for its transformation, the company gets to keep its moral personality.