Group Interest in Poland Cover Image

Group Interest in Poland
Group Interest in Poland

Author(s): Dorota Maśniak
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, Law on Economics
Published by: Scientia Kiadó
Keywords: group interest; company interest; autonomy of parent

Summary/Abstract: The purpose of this article is to analyse the legal environment of the conception of group interest in Poland. In the Polish legislation,there is no standard category of the group interest. In the doctrine, we have two competing views of the concept of company interest. The first view is emphasizing the autonomous company interest. From the second viewpoint,company interest is only perceived as ‘accessorial’ from the perspective of the interests of the participants in the Corporation. This view leads to identifying the company interest with the group interest. The interest of the group of companies was recognized by the Polish courts, whose decision is recognized as the turning-point. The freedom of the parent is significantly limited if the subsidiary includes minority. Such situation requires achieving balance between the interest of the parent and the minority.

  • Issue Year: 5/2016
  • Issue No: 1
  • Page Range: 15-25
  • Page Count: 11
  • Language: English