Unit:
ΠΜΣ Εμπορικό ΔίκαιοΚατεύθυνση Εταιρείες και Χρηματοδότηση
Author:
Loukianou Despoina
Supervisors info:
Γεώργιος Μιχαλόπουλος, Καθηγητής Εμπορικού Δικαίου, Β’ Τομέας Ιδιωτικού Δικαίου, Νομική Σχολή, ΕΚΠΑ
Εμμανουήλ Μαστρομανώλης, Επίκουρος Καθηγητής Εμπορικού Δικαίου, Β' Τομέας Ιδιωτικού Δικαίου, Νομική Σχολή, ΕΚΠΑ
Ευθυμία Κινινή, Επίκουρη Καθηγήτρια Εμπορικού Δικαίου, Β' Τομέας Ιδιωτικού Δικαίου, Νομική Σχολή, ΕΚΠΑ
Original Title:
Διασυνοριακή αφερεγγυότητα ομίλων εταιρειών
Translated title:
Cross-border insolvency of group of companies
Summary:
Groups of companies are a widespread phenomenon of business organization during the last decades in Greece and on an international scale. The option of establishing groups of companies and subsidiaries in several States consists in the market globalization and in the need to expand professional activities outside national borders. Besides, the establishment of groups of companies is accompanied by a number of important tax and organizational advantages, which render the scheme particularly attractive. Therefore, the non-recognition of legal personality to the group of companies as a whole, which is the result of the insistence of corporate law to the principle of legal entities autonomy, entails many legal problems in each and every area of law.
The insolvency of a group of companies is a complex legal matter in view of the minimum legal work provided for them. The starting point of this problem is the inability of a group of companies to be declared bankrupt, given the lack of legal personality. For this reason, the companies – members of the group are subject to the bankruptcy process, leading to more insolvency proceedings and not to a uniform treatment of group of companies.
The master thesis hereof is divided into three parts. In the introductory part, a general reflection of the general characteristics and main problems of groups of companies is carried out. In the first part, the approach of insolvency of group of companies in Europe, based on the initial case studies and on the recent European Regulation 848/2015, is analyzed. In the second part, an approach of international insolvency of group of companies is being attempted based on several legislative proposals that have not been incorporated into legislation yet. This master thesis draws some important conclusions, thoughts and proposals.
Main subject category:
Law and Legislation
Other subject categories:
Commercial Law
Company law
Keywords:
cross-border insolvency, insolvency of companies, group of companies, Regulation 848/2015, Model law of UNCITRAL
