Based on the fact that the parent company has actual control over the subsidiary company,this paper analyzes the possibility of the parent company using the subsidiary company to seek benefits and damage the interests...Based on the fact that the parent company has actual control over the subsidiary company,this paper analyzes the possibility of the parent company using the subsidiary company to seek benefits and damage the interests of creditors.Moreover,under the intangible protection of the current limited liability system and the independent personality of the company,it can“retreat”.This is undoubtedly against the original intention of the establishment of enterprise groups and has great potential harm to creditors.In addition,on the basis of the relief measures for the rights and interests of the parent company caused by the bad behavior of the subsidiary,the legal defects that should be carefully considered are determined.Considering whether there are other remedies that may have the same effect as disclosure,some are more moderate than disclosure.With Britain’s strong caution about lifting the veil,a more moderate direction could be considered.展开更多
This paper provides an overview of the evolution of the harmonization process of European law in the field of group of companies,referring to the development of a national "group of companies law" — from th...This paper provides an overview of the evolution of the harmonization process of European law in the field of group of companies,referring to the development of a national "group of companies law" — from the company law reform to the crisis and insolvency code — with the purpose of examining the main aspects of the regulation in force,considering mainly the possible interaction with the rules on the crisis of the groups of companies introduced by the Legislative Decree No.14/2019,and with the aim of analyzing its suitability for being devoted to the prospect of harmonization across countries.展开更多
文摘Based on the fact that the parent company has actual control over the subsidiary company,this paper analyzes the possibility of the parent company using the subsidiary company to seek benefits and damage the interests of creditors.Moreover,under the intangible protection of the current limited liability system and the independent personality of the company,it can“retreat”.This is undoubtedly against the original intention of the establishment of enterprise groups and has great potential harm to creditors.In addition,on the basis of the relief measures for the rights and interests of the parent company caused by the bad behavior of the subsidiary,the legal defects that should be carefully considered are determined.Considering whether there are other remedies that may have the same effect as disclosure,some are more moderate than disclosure.With Britain’s strong caution about lifting the veil,a more moderate direction could be considered.
文摘This paper provides an overview of the evolution of the harmonization process of European law in the field of group of companies,referring to the development of a national "group of companies law" — from the company law reform to the crisis and insolvency code — with the purpose of examining the main aspects of the regulation in force,considering mainly the possible interaction with the rules on the crisis of the groups of companies introduced by the Legislative Decree No.14/2019,and with the aim of analyzing its suitability for being devoted to the prospect of harmonization across countries.
