101. PERSPECTIVA NORMATIVĂ A DETERMINĂRII CONFLICTULUI DE INTERESE ÎN MATERIE SOCIETARĂ.
- Author
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SCAFEŞ, Răzvan
- Subjects
CONFLICT of interests ,JUDICIAL discretion ,JUDGE-made law ,CORPORATE giving ,FAIRNESS ,LOYALTY - Abstract
Conflict of interest in corporate matters must be seen as an incident in the functioning of the legal person, which often, given the dynamics of corporate relations, becomes inherent. The relevant legal provisions do not establish objective criteria for determining certain situations as conflicts of interest and leave it to the discretion of the courts to classify them in the category of the mentioned incident by referring to the notions of „company interest” and „personal interest”. Given that the persons involved in the functioning of the company, respectively the associates and the administrators, are bound by the general obligation of good faith towards the company, the analysis of the conflict of interests can be done by referring to the notions of independence, impartiality, objectivity, loyalty and general interest. or socially, and the associates and members of the management bodies must behave with full objectivity in a l operations involving the company. The case law has helped to identify certain criteria for determining cases of conflict of interest in the various legal situations in which the company is involved. [ABSTRACT FROM AUTHOR]
- Published
- 2020