FEATURES OF THE DISPOSITION PRINCIPLE IN THE FIELD OF CORPORATE LAW

Angela Miff and Rodica Diana Apan

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2019, vol. 76, 90-107

Abstract: The present study aims to analyze the enshrined provisions on the typologies of companies with legal personality regulated by the Law no.31/1990. The provisions under consideration would not be considered “novel” and have been widely debated in the doctrine. The novelty lies in identifying, within these norms, the ways in which the disposition principle is manifested as principle of material law. Revealing the constants of manifestation and the limitations of this principle in corporate law outlines a new perspective for applying the regulations on companies. The perspective focuses on freedom / the right of associates / shareholders to associate, organize and carry out their business according to their own means and interests, within the limits set by the legal norms in the matter. Hence, the center of gravity in applying the corporate regulations is shifted from the restrictive perspective to the non-restrictive perspective.

Keywords: disposition principle; corporate law; substantive law; private law (search for similar items in EconPapers)
JEL-codes: K22 (search for similar items in EconPapers)
Date: 2019
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