Unitary Enterprise Reorganization After Transitioning of Ownership of its Property to Two or More Persons in the Context of Judicial Practice
The purpose of the article is the generalization and analysis of judicial practice on the issue of reorganization of the enterprise after transitioning of ownership of its property to several persons, to identify existing practical problems and to develop recommendations to overcome these problems. The novelty of the research is that it is the first attempt in the country to comprehensively reflect the state of judicial practice on the stated theme. The analysis suggests that the courts do not always take into account the conditional nature of the rule of the indivisibility of the property of a unitary enterprise. The study also showed the impossibility of forcing one of the persons that took over the ownership of the property of the enterprise, to take a decision on the reorganization. Furthermore, it seems unreasonable to apply the recovery capacity of the reorganized enterprise as a consequence of the invalidity of the state registration. The conclusions and suggestions can be applied to improve the legislation and judicial practice on the stated theme.