INFLUENŢA GRUPULUI DE SOCIETĂŢI ÎN PROCEDURA COLECTIVĂ
“INFLUENCE OF THE GROUP OF COMPANIES IN THE COLLECTIVE PROCEDURE”
Author(s): Lavinia TecSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: group of companies; collective procedure; company’s liabilities; application for opening the insolvency procedure; conflict of laws; conflict of jurisdictions; multinational group;
Summary/Abstract: In this article, the author examines the influence of the group of companies in the collective procedure. The structure and content of the article reveal the comments upon the notion, upon the particulars of the group of companies, upon the usefulness of its establishment, upon the manner in which the group of companies influences the collective procedure (the responsibility for the liabilities of the group company, the identification of the court having jurisdiction to consider the application for opening the insolvency procedure against a group company, the conflict of laws and the conflict of jurisdictions in case of multinational groups, the legal value of the cooperation agreement between the judicial administrators of the group members), taking into consideration, for the purpose of the abovementioned, the doctrine worked out by certain important names in the law field (Gh. Piperea, J. Ghestin, L. Pop, I.-Fl. Popa, S.I. Vidu, Ch. Hannoun, A-Fr. Zattara-Gros, J.-L. Vallens). Finally, the author formulates brief considerations regarding the absence of the legal personality of the group of companies.
Journal: Universul Juridic
- Issue Year: 2015
- Issue No: 08
- Page Range: 11-22
- Page Count: 12
- Language: Romanian