| Abstract [eng] |
The head of a company forms an integral part of the organisational structure of the company; he/she is indispensable in acquiring the company‘s rights and undertaking its responsibilities. However, the fact the head of a company is both the management body of a legal person and at the same time is employed by the same company, gives rise to a certain complexity of relationship between the head of a company and the company. This complexity is embedded in the fact that, on the one hand, the relationship between the head of a company as the management body of the legal person and the company is governed by the civil law norms, and on the other hand, the head of a company, in his/her capacity of an employee, is subject to the norms of the labour law. Such a regulatory framework involving civil law and labour law norms often gives rise to theoretical problems which have an impact on consistent interpretation of legal norms as well as on their uniform application in national courts. In order to get a deeper insight into the nature of the relationship between the head of a company and the company, the present MA Paper looks at the notion of the head of a company, at its legal status as prescribed by the national legislation and at its interpretation in the legal doctrine. The Paper widely covers the treatment of head’s of a company legal status in the national courts, and provides an assessment of the relationship between the labour law and the civil law in terms of their impact on the relationship between the head of a company and the company. The research carried out leads us to believe that labour relations concern the relationship between the head of a company and the company only in part (i.e. only in terms of organisational relations), whereas in terms of content and scope, the relationship between the head of a company and the company is the relationship regulated by the civil law. The present MA Paper also addresses the theories of legal representation of a legal person against the background of the national law and examines the relationship between the head of a company and the company from the angle of legal representation. After having analysed how the relationship between the head of a company and the Limited Liability Company is regulated by the German and the UK law, the present Paper offers suggestions which could find application in Lithuania. |
