DCC 139/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Companies & Corporate Bodies, General Commercial Law, Joint Ventures, Legal, General Company Law & Business Entities
Copyright
LexisNexis
Decision date
21 Jun 2003
Catchwords
Business company – Commercial license – Capacity – Litigate – Legal personality – Limited liability Company – Previous obligations – Joint corporation – De facto – Contested judgment – Credit
The owner of the business company or the holder of the commercial license shall have the capacity to litigate for it, as the company does not have a legal personality separated from. The limited liability company shall not be liable for previous obligations of the business company before the transformation to a limited liability company, but after proving that it formed a joint corporation de facto by more than one person. The ruling of the contested judgment that the owner of the supermarket, which was an individual firm before the transformation to a limited liability company, shall be liable to open and close the account and the remaining credit thereof before the establishment of the company, shall be reasonable and have proofs in documents.
Pursuant to the perusal of the documents, and the reading of the summary report, and after deliberation:
Whereas the cassation has fulfilled all formal conditions,