Why I think we better stop asking “what is the interest of the company?” Cover Image
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De ce cred că mai bine renunţăm să ne întrebăm „ce este interesul social?”
Why I think we better stop asking “what is the interest of the company?”

Author(s): Lucian Bojin
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: company’s interest; corporate personality; corporate law; legal theory; legal functionalism;

Summary/Abstract: In this article, I argue that lawyers would better give up trying to answer the question “What is the interest of the company?”. Instead, a better focus would be on the function of the concept of “interest of the company”. I also argue that the main function of the “interest of the company” is that it indicates the limits of the majority rule in adopting the decisions of the general assembly of the shareholders. Therefore, “interest of the company” is nothing more than an “umbrella-name” for the set of standards used in the judicial review of the decisions of the general assembly of the shareholders, in particular when accusations of abuse of majority rule are brought.

  • Issue Year: 2023
  • Issue No: 04
  • Page Range: 188-196
  • Page Count: 9
  • Language: Romanian