On the amicable liquidation and partition of companies with regard to the law of collective procedures and the law of succession.

Authors
Publication date
2005
Publication type
Thesis
Summary The law of voluntary liquidation is inspired more by the law of judicial liquidation than by the law of succession. Indeed, the situation of a company in bonis that is dissolved by a judgment of judicial liquidation with the appointment of a liquidator is closer to that of a company dissolved by a judgment of judicial liquidation with the appointment of a liquidator than to that of a natural person who has died leaving his heirs in undivided ownership of the estate. Despite their many differences, the law of amicable liquidation and the law of judicial liquidation are often in agreement on the legal person and its patrimonial autonomy. As for the law of amicable partition of a company, it is inspired by the rules of partition of an estate. However, in reality, the partition of a partnership has its own characteristics which make the condition of the partner original compared to that of the heir. This justifies the development of its own rules.
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