Company Merger and its Impact on Eligibility for Litigation

Abstract

Resorting to the judiciary is a right guaranteed by most constitutions, and it is organized according to procedural laws that guarantee whoever takes this path the integrity of the procedures. It is known that a judicial claim is made only through a lawsuit, which is preceded by a claim of the right. In order for the lawsuit procedures to take place in the manner prescribed by the law, the latter required the availability of a number of The conditions for accepting a lawsuit are litigation, eligibility, capacity, and other conditions. The lawsuit in the judicial claim is the right of every person to whom the law recognizes legal personality and thus enjoys the legal capacity that allows him to be a party to any legal relationship, and among these people is the company, and when we are before an existing company that has legal capacity, there are no problems with that company entering into the legal process. Any legal relationship, except that what is raised is in the event that an abnormal situation occurs in the life of the company that affects its eligibility, as is the case in a merger. Here we will be faced with a new company existing as a result of the merger of two companies with each other, but the end of the life of the company through the merger does not mean applying all the procedures. Regarding the termination of the company, we are faced with an abnormal situation of the end of the legal existence of the company, and this prompts us to examine this issue based on the impact of the merger on the eligibility for litigation of the merged company .