Who bornes the project that is arrears in the arrears of the company?
Author:Rule of law Time:2022.08.19
【case】
On July 20, 2018, a company with a company signed a construction contract with the original Ping company. Later, Yuan Ping was merged by a group of Shanxi Group, but Yuan Ping still owed 1.19 million yuan in project funds in Quyang. Although he asked for many groups in Shanxi for many times, the group always refused to pay for funding tensions, and Suiyang Company sought legal protection.
【File】
Chen Shaoyong, a member of the Chinese Law Society of China Law and Quyang County's Shuguang Legal Services at a company in Quyang, believes that according to Article 67 of the Civil Code: "If the legal person is merged, its rights and obligations shall be enjoyed by the changing legal person. "And Article 174 of the" Company Law "stipulates that" When the company merges, the debt and debt of the merged parties shall be inherited by the consolidated company or the newly -established company. " A company has been merged by a group in Shanxi and is no longer an independent legal person. Therefore, a group of Shanxi groups should bear the liability of debt claims.
【Mediation】
On July 11, 2022, the former People's Court of Ping City filed a case according to law. On August 18, 2022, after the mediation was chaired by the court, the two parties reached an agreement. A group of Shanxi Group paid 1.19 million yuan in the company's project funds twice.
(Chen Shaoyong)
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