CEVAP:

• The merchant who transfers his commercial enterprise leaves his commercial business and looses his status of being a Merchant.
• All the elements (assets) which are assigned to the commercial enterprise are considered to have transferred unless the parties agree otherwise.
• The acquisition ofthe commercialenterprise shall be subject to a sales agreement thus the agreement will be subject to the relevant provisions of TCO.
• The debts of the commercial enterprise subject to acquisition will be transferred to the acquiring party effective as of the date of announcement of the acquisition to the creditors or at the date of the announcement in the Trade Registry. As it was stated above, the debts will be transferred to the acquiring party without a need for a separate agreement on the debts.
• Together with the acquiring party, the merchant who is transferring the commercial enterprise shall continue to be jointly liable from the debts for two years. This legal obligation aims to minimize the risks arising from the transfer of the commercial enterprise without getting the consent of the creditor.