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Groups Of Companies And Environmental Liability Confronting

Author

Listed:
  • Flaminia Stârc-Meclejan

    (Faculty of Law, West University of Timisoara, Romania)

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for torts were put in a time when damage was only exceptional and had comprehensible dimensions, circumstances that are no longer valid today when we talk of the environmental damage.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.

Suggested Citation

  • Flaminia Stârc-Meclejan, 2013. "Groups Of Companies And Environmental Liability Confronting," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 2(1), pages 234-246, December.
    • Handle: RePEc:sja:journl:v:2:y:2013:i:1:p:234-246
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    More about this item

    Keywords

    group of companies; liability; damage caused to the environment; piercing of the corporate veil.;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law

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