 GROUPS OF COMPANIES AND ENVIRONMENTAL LIABILITY CONFRONTINGFlaminia Stârc-Meclejan ()
Perspectives of Law and Public Administration, 2013, vol. 2, issue 1, 234-246 Abstract: It's been a long time since markets transcended national borders, corporate law dealing at the beginning of this century with rather complex corporate structures that gradually replace its ordinary subjects, the companies. At the same time, the bases of civil liability for torts were put in a time when damage was only exceptional and had comprehensible dimensions, circumstances that are no longer valid today when we talk of the environmental damage. The ability of the victims of environmental damage, facing the precarious financial condition of a subsidiary, to sue the parent company is theoretically hindered by the independence of the affiliated companies forming the group, as each company retains its legal personality, as well as by the absence of a group regulation in Romanian law. In this context, the aim of our paper is that of seeking solutions that would allow a piercing of the parent company’s corporate veil to hold it accountable, considering reality. Keywords: group of companies; liability; damage caused to the environment; piercing of the corporate veil. (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:2:y:2013:i:1:p:234-246 Access Statistics for this article More articles in Perspectives of Law and Public Administration from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC. |
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