International Journal of Legal and Comparative Jurisprudence Studies

Volume 3 - Issue 2 (4) | PP: 145 - 155 Language : العربية
DOI : https://doi.org/10.31559/LCJS2022.3.2.4
742
105

The Legal Position of Obligations of Company Legal Entity Termination

Afak Ahmed Bniata ,
Abdul Salam Muhammad Al-Fadl
Received Date Revised Date Accepted Date Publication Date
7/5/2022 21/5/2022 2/6/2022 29/8/2022
Abstract
This research deals with the legal status of the obligations that appear after the expiry of the legal personality of the company, and the Jordanian legislator did not address this important issue. Therefore, it was necessary to refer to jurisprudence, judicial rulings, and general rules of civil law in order to find a solution that preserves creditors' rights towards the company and does not waste it. This study has reached a range of findings; most notably is the liability of partners within the companies of persons remains unlimited to creditors extending to their own funds even after the liquidation is closed, but with regard to the responsibility of partners in the fund’s companies. It remains limited to creditors with only their income from the company's funds. The study recommended the need for the Jordanian legislator to intervene to develop a set of legal rules on this subject, most notably is the provision to give creditors the right to refer directly to the partners in the company, with the need to establish special legal periods for the fall of those claims relating to obligations that appear after the expiry of the legal personality of the company.


How To Cite This Article
Bniata , A. A.& Al-Fadl , A. S. M. (2022). The Legal Position of Obligations of Company Legal Entity Termination. International Journal of Legal and Comparative Jurisprudence Studies, 3 (2), 145-155, https://doi.org/10.31559/LCJS2022.3.2.4

Copyright © 2024, This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.