Towards a Legal Theory of Nationalization. Controversies of Company Law History in Central and Eastern Europe
Towards a Legal Theory of Nationalization. Controversies of Company Law History in Central and Eastern Europe

Summary/Abstract: This article gives an inside look on a research project on the history of company law in Central and Eastern Europe. This project has a special focus on a certain company: the Renner Brothers & CO, later called Dermata, János Herbák and finally Clujana, but on the basis of the particular legal history of this business entity general questions of company law are addressed: nationalization, privatization and present‐day effects of the historical evolution. After a short overview of the research the pivotal question raised by the present article is nationalization or more precisely the need to understand better the legal nature of nationalizations in Central and Eastern Europe, in contrast to nationalizations in Western Europe, which took place in a very different economic and political context. Nationalization in soviet type regimes was totally different compared to nationalizations realized in democratic societies. There are certain particularities which differentiate the two kinds of nationalizations and the purpose of this article is to briefly highlight at least some of these disparities and try to design a precise legal theory of nationalization in Central and Eastern European context.

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