| Abstract [eng] |
Recognizing the interest of a group. Application of Rozenblum doctrine According to the traditional principle of legal personality, which is recognized in the absolute majority of countries, every legal entity - in this case the company - is considered to be an independent and autonomous, making the most self-beneficial decisions in its activities. However, in the case of groups of companies, given the economic objective of the latter and the aim of unified business management, the autonomy of individual group companies becomes questionable. In order to parallel the legal environment of groups of companies to economic realities, the so-called interest of the group is recognized in the legal systems of different countries. The recognition of interest of a group allows the management of the subsidiary, under appropriate conditions, to act in the interests of the whole group, but not the particular company that they manage even if such action does not in itself benefit the subsidiary. This thesis analyses the concept of the interest of a group, its conditions, taking into account the regulation of this institute both at national and EU level. It is also aimed at assess the possibilities of adapting the interest of the group to the company law of the Republic of Lithuania. The thesis also analyses the so-called Rozenblum doctrine formulated by the French Court of Cassation, which sets out the conditions for recognizing the interest of a group. Rozenblum doctrine, in turn, is considered to be the main source for shaping the attitudes towards the interest of a group of companies. The approach of Rozenblum doctrine is set in EMCA chapter on groups of companies. In this context, the aim of the thesis is also to evaluate the possibilities of applying Rozenblum doctrine to company law of the Republic of Lithuania. Finally, the thesis analyses the impact of the application of the Rozenblum doctrine on the protection of creditors' interests and their legal remedies currently existing in the legal system of the Republic of Lithuania. |
