Part IV
Manole POPA, PhD. Candidate, Associate Professor, Law Faculty, University of Bucharest, Brief Presentation of Corporate Groups in the French Commercial Law
The author reviews the main issues related to corporate groups, namely the definition of the group based on the relations between companies and the consequences of both relations between groups and third parties relations. From the perspective of internal relations, the author presents the treasury operations, which play an essential role within corporate groups. It further describes the innovative mechanism of receivables’ write-off subject to economic-recovery, a creation of practice through which the parent company can help its subsidiaries in a difficult situation. As for third- party relations, are described the most important protection mechanisms, namely theories of piercing the corporate veil and the abuse of law. There is also a synthetic comparison to the Romanian law. Finally, the article presents various concerns and visions of French authors on the appropriate legal regime of the corporate groups.
Keywords: corporate groups, contractual links, financial links, personal links, treasury operations, receivables’ write-off, piercing the corporate veil, abuse of majority, abuse of minority
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