Company Groups and Group Interest –
the Case of Romania
Company Groups and Group Interest –
the Case of Romania
Author(s): Emőd VeressSubject(s): Law, Constitution, Jurisprudence, International Law, Law on Economics
Published by: Scientia Kiadó
Keywords: company group; group interest; duty of care and loyalty; creditor protection; group insolvency; minority shareholders
Summary/Abstract: A company in the Romanian law is a legal person. The classic approach towards legal personality is to consider such structures as entities with a single patrimony and a single interest, subject of legal rights and liabilities. Meanwhile, company groups represent a very frequent form of organizing business activities, which necessitates new legal approaches.Frequently, there is a conflict between the best interest of a member company of the group and the best interest of the company group itself. Is it correct if we proceed as the classic attitude dictates, and give prevalence to the interests of the single company to the detriment of the group? This article focuses on the problems arising from the conflict between the isolated interest of a company and the general interest of the company group in the context of Romanian company law and insolvency law.
Journal: Acta Universitatis Sapientiae, Legal Studies
- Issue Year: 5/2016
- Issue No: 1
- Page Range: 47-62
- Page Count: 16
- Language: English