CHANGE OF NAME OF LEGAL ENTITY: CONSEQUENCES AND PRACTICAL ASPECTS

Abstract

This article is devoted to the problematic issues that arise when changing the name of a legal entity and the analysis of the judicial practice of the Supreme Court, the task of which is to ensure the stability and unity of judicial practice in order to implement the principle of legal certainty, equality and justice.It examines the conditions of legal succession, paying particular attention to changing the name of a legal entity. It is noted that such a change does not affect the structure of the civil legal relationship, and the participant remains the same, which does not require the creation (engagement) of a new participant in order to transfer rights and obligations to him. Among other things, the article examines the legal status of banks and proves that the right to claim under a credit agreement and the terms of fulfillment of obligations do not depend on the creditor having the characteristics of a bank or financial institution. In addition, the article singles out atypical errors in the application of the norms of the Civil Code of Ukraine and examines their causes. This is an important aspect that can affect the stability and consistency of judicial practice, so their analysis will help correct and improve the work of courts in the future.This article is based on the study of court decisions of the appellate and Supreme Court, including the decision of the Grand Chamber of the Supreme Court, on the issue of legal succession of a legal entity when its name is changed. Analysis of court decisions allows to determine the legality and justification of changing the name of a legal entity and to determine the possibility of appealing such decisions by the participants in the case. This approach makes it possible to understand the practice of judicial protection of the rights and interests of participants in civil cases in cases related to changing the name of a legal entity. Therefore, on the basis of court decisions, an analysis and research of legal succession of a legal entity in the context of changing its name is carried out, which makes it possible to understand the process and possible consequences for the participants in the case.