Κατεύθυνση Αστικό Δίκαιο
Library of the School of Law

2018-05-20

2018

Kouzinoglou Anastasia

Ζαφείριος Τσολακίδης,
Μιχαήλ Αυγουστιανάκης,
Γεώργιος Γεωργιάδης

Η σύμβαση management

Greek

The management contract

It was and remains a legally unregulated issue, a pure creation of the act. It was originally developed on the American continent and subsequently expanded into the European area.

It is a bilateral contract, detailing the obligations of the parties. The most important obligation for the smooth development of cooperation is that of faith in the contract, as a particular relationship of trust is created between the parties. It combines features of several types of contracts, in particular the work contract and the service contract. In any case, the implementation of one or other type of contract depends on the agreement of the parties and whether it aims at a particular result or in providing the services and knowledge of the manager.

Particular issues arise out of the control of the content of management contract under the protective provisions of Law 2251/1994, if it is judged that the provisions of the aforementioned law apply to the relevant management contract, and to Articles 178-179 of the Civil Code.

Issues also arise in terms of company law, as the self-management principle applies to partnerships. Regarding the capital companies, there is a concern about the conditions under which the board of directors or the director will not be deprived, by the conclusion of a management contract, of his freedom to determine the economic and business activity of the legal person.

Another feature, and maybe the most important of the management contract is the figuration of a tripartite contractual relationship. The manager enlarges the previously bilateral relationship (contracting firm - third party), appearing as an expert, in order to facilitate the recipient- operator of the contracting firm and the third party. Therefore, this tripartite contractual relationship and the division between the ownership and the exploitation of the business poses other further issues, such as the liability against third parties, who may trade with the recipient’s business by considering that there is part of the donor’s business or even trade with the donor without knowing that the latter acts as a representative of the recipient.

Law and Legislation

Civil Law

The management Contract

No

0

No

94

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https://pergamos.lib.uoa.gr/uoa/dl/object/2680657