The Administrator - Representative or Employee of the Limited Liability Company. Aspects of Comparative Law
The Administrator - Representative or Employee of the Limited Liability Company. Aspects of Comparative Law

Author(s): Olga Andreea Urda
Subject(s): Law on Economics, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrator; mandate contract; individual employment contract; limited liability company;
Summary/Abstract: It has been frequently analyzed, in the doctrine and practice of commercial law, whether it is opportune to conclude an individual employment contract between the administrator and the limited liability company or a mandate contract. In the context of the free movement of persons in the Member States of the European Union, we consider that it is necessary to have a comparative analysis of company law, especially in the particular matter of the administrator-society relationship. The present study proposes an analysis of compared law between the provisions of Romanian law and those of French law regarding the management of contracts that may intervene between the administrator and the company. Thus, the difficulties related to determining the possibility or not of the administrator to conclude an individual employment contract with the limited liability company can find their solution through a mirror analysis of another legislative model.

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