Means and Enforcement Mechanisms for the Continuation of the Existence of a Dissolved Entrepreneurial Society
Author : Grigoli Akhalaia, Roin Migriauli 23/10/2026
This article examines a qualitatively important issue for the doctrine of entrepreneurial law, such as the identification of means of continuing the existence of dissolved entrepreneurial societies and, as a counterweight to this, their implementation in practice. The aim of the research is to conduct a detailed study of the means and enforcement mechanisms for the continuation of the existence of a dissolved entrepreneurial society, based on identifying the problematic background of both entrepreneurial law and practice. For a multifaceted and in-depth investigation of the research issue, the following research methods were used in the study: qualitative analysis - qualitative research method, historical method, situation analysis method - Case-study, data analysis: analytical-synthetic method, comparativity and comparative studies, deduction and induction method, descriptive research method, teleological and literal interpretation methods of norm interpretation.
The results of the study confirmed that the doctrine of entrepreneurial law, at the level of legislative regulation, develops a discussion on the means or mechanisms for continuing the existence of a dissolved entrepreneurial society (e.g., a dissolved LLC). However, if we delve deeper into the essence of the issue, we will see that such a means or mechanism is not a sufficient lever for the majority of cases to allow dissolved entrepreneurial societies to continue their existence.It is not about the effectiveness of existing tools or mechanisms, but about their "plurality". How abundant is the number of mechanisms that are capable of confronting the crisis situation of a dormant entrepreneurial society and facilitating the transition of dormant entrepreneurial societies to an active phase?
The research results revealed a number of essentially important problems, for example, the continuation of the existence of an entrepreneurial society dissolved by the existing mechanism, In some cases, it is impossible and somewhat of a dead end.In fact, the problem is ensuring the involvement of all partners in the decision-making process of partnerships in a fragmented commercial society, with which the problem of continuing the existence of a dissolved entrepreneurial society should be resolved.
It can be said that in addition to the aforementioned type of entrepreneurial legal problem, there are also facts that are incompatible with the principles of general law. In particular, with the mechanism proposed by the legislation: When using the mechanism for continuing the existence of a dissolved entrepreneurial societies based on the decision of the partners, compliance with the principles of fair treatment, equality before the law, and freedom of will for all partners of the dissolved entrepreneurial society must be ensured as much as possible.
Keywords: Equality Decision, Continuation of existence, Means, Dissolved entrepreneurial societies.
Article DOI: https://doi.org/10.55367/AYZS2552