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April 19, 2020 8:23 am at 8:23 am
#1850346
Milhouse
Participant
Joseph, the difference between a corporation and a private person doing business is that when a private person sells, he generally doesn’t sell the business, because there is no “business” to sell. The business is him. Rather, he sells the inventory. Whereas if it’s a corporation he sells the shares, and the corporation can go on doing business as before.
And yes, as far as I know dina demalchusa, just like minhag hatagorim, almost always overrides Choshen Mishpat. (Indeed the whole koach of dina demalchusa seems to be because it is a strong minhag hatagorim.)