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The European company, perspectives after Brexit

Author

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  • Ovidiu Ioan Dumitru

    (Department of Law, Bucharest University of Economic Studies, Romania)

Abstract

The history of the companies has proven to all of us that this area may have a dynamic similar to the most energetic ones in life. The human societies have changed and developed and together with them the companies were forced to adapt themselves in order to exist and to function over the times. The creation of the European Union brought probably the biggest changes is these fields and the European countries, now member states, have adapted their judicial system in order to have a more uniform and harmonized system. The degree of this status quo, with the rich and eventful historical, cultural and political background is highly debatable and very subjective. With the desire to build a common market, to increase trade and welfare, one of the most significant challenge was the creation of an European company (known also as Societas Europea or SE). The purpose of this paper is to analyze the evolution of the European company and to present a perspective of it after the new evolutions in EU, mainly BREXIT. Using a comparative method on the main issues that were solved or not by the creation of the European company, the article tries to show the clash of business cultures, especially British and German ones, which affected the evolution of the entire European corporate legislation. The conclusions are guided mainly by the future possible evolution of the provisions regarding the European company after one of the strongest business cultures, namely the British one, will withdraw from the continuous fight that kept the development business forms more in the hands of the member states and less in the ones of an harmonized European structure.

Suggested Citation

  • Ovidiu Ioan Dumitru, 2017. "The European company, perspectives after Brexit," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(2), pages 134-146, December.
  • Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:134-146
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    Citations

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    Cited by:

    1. Andreea Stoican, 2020. "The right to dividends - Can the associates still obtain them in case of the judicial dissolution of the company?," Technium Social Sciences Journal, Technium Science, vol. 9(1), pages 211-216, July.
    2. Teleoacă Vartolomei Brîndușa Oana, 2020. "Considerations Regarding Work from Home and Telework," Proceedings of the International Conference on Business Excellence, Sciendo, vol. 14(1), pages 1217-1221, July.
    3. Andreea Stoican, 2020. "The Voluntary Dissolution Of A Limited Liability Company - A Way Of Abusing The Law?," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 9(1), pages 65-69, May.
    4. Stoican Andreea, 2020. "Practical Aspects Regarding the Dissolution of a Company by Declaring the Company Null and Void," Proceedings of the International Conference on Business Excellence, Sciendo, vol. 14(1), pages 1211-1216, July.
    5. Charlotte Ene, 2020. "The Cross-Border Conversion €“ A Possible Solution For The Mobility Of Companies In European Union," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 9(1), pages 54-57, May.

    More about this item

    Keywords

    European company; Societas Europea; Brexit; European Company Law; Corporate Governance; Boards; Shareholders; Freedom of Establishment.;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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