The interest wears a hat. Is it a (legal) entity? Cover Image
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Interesul poartă fesul. Deci este el o persoană (juridică)?
The interest wears a hat. Is it a (legal) entity?

Author(s): Radu Rizoiu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: legal entity; corporate interest; legal standing;

Summary/Abstract: The paper looks into some criteria for identifying the corporate interest as a separate one from those of the shareholders of the corporation. The main argument is that the proposed rules of determining the corporate interest by applying a composition rule to the individual interests (like the majority vote rule) are insufficient for explaining the occurrence of an autonomous interest such as that corporate one. Ignoring this qualitative difference makes room for discussions on corporate ethics and the morality of legal entities, which are matters falling outside the very scope of these persons.

  • Issue Year: 2023
  • Issue No: 04
  • Page Range: 139-170
  • Page Count: 32
  • Language: Romanian