NATIONAL AND CROSS-BORDER MERGERS. CONCEPTUAL DEMARCATIONS

Mihaela Ion ()
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Mihaela Ion: Bucharest University of Economic Studies

Perspectives of Law and Public Administration, 2014, vol. 3, issue 1, 198-208

Abstract: Since any analysis of an complex institution as merger, and respectively of cross-border merger implies, first of all, a conceptual delimitation, the present paper intends, starting from various definitions and classifications provided by legal provisions and doctrine, to outline a complete definition, specific for mergers and cross-border mergers that will include all their characteristic elements and will also capture their complex character. Taking into account that the definition of the merger and, respectively, cross-border merger depends on the legal view through which a conceptual delimitation is sought, the program does not stop only at the delimitation of cross-border merger from the view of general applicable regulations, but also tries to delimitate this concept by reference to other special regulations. In this respect, this paper makes a delimitation between the merger regulated by the New Civil Code, the merger regulated by Law no. 31/1990 under its both forms (i.e. domestic merger and cross-border merger) and Law no. 21/1996.

Keywords: reorganisation; merger; cross-border merger; economic concentration. (search for similar items in EconPapers)
JEL-codes: K22 K33 (search for similar items in EconPapers)
Date: 2014
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Citations: View citations in EconPapers (3)

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