Corporate, Merger, Incorporated company, Extinction, Civil Cassation, United Sections, Judgment no. 21970 of 07/30/2021

Merger – Incorporated company – Extinction – Active and passive entitlement in court – Intervention by the incorporating company – Effects

The United Sections affirmed the following principle of law: the merger by incorporation extinguishes the incorporated company which cannot initiate a judgment in the person of its former director, without prejudice to the right for the acquiring company to explain pursuant to and for the effects of art. 105 cpc voluntary intervention in the course of a case.

Source Supreme Court of Cassation