The management period of the liquidator in the limited liability company (Critics on judgmant number 9809970906101415 of the first branch of the Supreme Court)

doi:10.22106/jcr.2024.563024.1426

The management period of the liquidator in the limited liability company (Critics on judgmant number 9809970906101415 of the first branch of the Supreme Court)

10.22106/jcr.2024.563024.1426

Abstract

The dispute that prevented the liquidator of a limited liability company from filing a lawsuit for years was finally resolved by a decision of the first branch of the Supreme Court. The obstacle to litigation was rooted in the ambiguity of laws and regulations and the interpretation that the courts gave of the laws and regulations governing the liquidation of commercial companies. In fact, when the liquidator of a limited liability company filed a lawsuit, he was faced with the problem of whether his lawsuit is within the mandate period. This objection was raised while the law did not set a period for its mission and the courts were trying to extend the provisions of the amendment bill to the part of the commercial law that is not about the limited liability company, to this company and its litigation. In the decision you can see, the first branch of the Supreme Court did not consider those provisions to be applicable to this company and declared that the liquidation management of a company with limited liability can be unlimited. The judgmant that the writer believes is correct.

Keywords

Time limit

Liquidation

Limited liability company

Corporation

Subjects