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Considerations concerning the functioning of the simple company

Author

Listed:
  • Ana-Maria Lupulescu

    (Bucharest University of Economic Studies, Law Department)

Abstract

This approach proposes an analysis of the legal rules applicable to the simple company, especially emphasizing significant issues concerning its functioning. The utility of such an approach is obvious, at least given the fact that, according to the legislator's express option, the rules on the simple company constitute the common law in relation to companies, being applicable in the silence of the special law regulating other forms of companies. The main characteristic of the simple company is that this form of company has no legal personality. Therefore, the simple company contract produces juridical effects between associates, and even towards third parties, but it does not create a new legal person distinct from its members. This aspect implies significant particularities in relation to the rules that govern the functioning of the simple company, as emphasized below.

Suggested Citation

  • Ana-Maria Lupulescu, 2014. "Considerations concerning the functioning of the simple company," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 4(1), pages 142-151, June.
    • Handle: RePEc:asr:journl:v:4:y:2014:i:1:p:142-151
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    File URL: http://www.tribunajuridica.eu/arhiva/An4v1/8Lupulescu.pdf
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    Cited by:

    1. Ana-Maria LUPULESCU, 2014. "Particularities Concerning The Cooperative Companies," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 232-238, December.

    More about this item

    Keywords

    simple company; functioning; parts of interest; the rights of the associates; administration.;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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