"The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder

Company, bankruptcy and the law on takeover of joint stock companies, by regulating the duties (obligations - debtor of the obligation) of members of the management of the public joint stock company (first of all), do not have the same approach in determining the subject of protection to which there...

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Autor principal:	Vasiljević Mirko S.
Formato:	article
Lenguaje:	EN HR SR
Publicado:	Institute of Comparative Law, Belgrade 2021
Materias:	management duty interest of a company creditor's interest shareholder's interest company law bankruptcy law takeover law Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582
Acceso en línea:	https://doaj.org/article/df234f2143ea487887c65c864e712f82
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spelling	oai:doaj.org-article:df234f2143ea487887c65c864e712f822021-12-05T21:33:55Z"The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder0039-21382620-112710.5937/spz65-33361https://doaj.org/article/df234f2143ea487887c65c864e712f822021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382102193V.pdfhttps://doaj.org/toc/0039-2138https://doaj.org/toc/2620-1127Company, bankruptcy and the law on takeover of joint stock companies, by regulating the duties (obligations - debtor of the obligation) of members of the management of the public joint stock company (first of all), do not have the same approach in determining the subject of protection to which there is a prescribed duty (creditor of the prescribed obligation). On the other hand, the regulation of this issue is not uniform in the relevant comparative laws of these branches of law, both at the level of legal ("hard") law as well as at the level of autonomous ("soft") law. In this paper, the author seeks, first of all, to determine the dominant position of comparative regulations regarding the determination of the subject of law (the subject of protection) of the prescribed duty of the management of a company, as well as the reasons for such determination. The author takes the position, based on the appropriate argumentation that in the company law the subject of protection is a joint stock company (company as a legal entity), in the bankruptcy law it is an unsecured creditor while in the takeover law it is a shareholder. Since there is no unique position on these issues in legal theory, legislation and jurisprudence, the author refers to this situation as a kind of "Bermuda triangle".Vasiljević Mirko S.Institute of Comparative Law, Belgradearticlemanagement dutyinterest of a companycreditor's interestshareholder's interestcompany lawbankruptcy lawtakeover lawLaw of EuropeKJ-KKZComparative law. International uniform lawK520-5582ENHRSRStrani pravni život, Vol 2021, Iss 2, Pp 193-213 (2021)
institution	DOAJ
collection	DOAJ
language	EN HR SR
topic	management duty interest of a company creditor's interest shareholder's interest company law bankruptcy law takeover law Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582
spellingShingle	management duty interest of a company creditor's interest shareholder's interest company law bankruptcy law takeover law Law of Europe KJ-KKZ Comparative law. International uniform law K520-5582 Vasiljević Mirko S. "The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder
description	Company, bankruptcy and the law on takeover of joint stock companies, by regulating the duties (obligations - debtor of the obligation) of members of the management of the public joint stock company (first of all), do not have the same approach in determining the subject of protection to which there is a prescribed duty (creditor of the prescribed obligation). On the other hand, the regulation of this issue is not uniform in the relevant comparative laws of these branches of law, both at the level of legal ("hard") law as well as at the level of autonomous ("soft") law. In this paper, the author seeks, first of all, to determine the dominant position of comparative regulations regarding the determination of the subject of law (the subject of protection) of the prescribed duty of the management of a company, as well as the reasons for such determination. The author takes the position, based on the appropriate argumentation that in the company law the subject of protection is a joint stock company (company as a legal entity), in the bankruptcy law it is an unsecured creditor while in the takeover law it is a shareholder. Since there is no unique position on these issues in legal theory, legislation and jurisprudence, the author refers to this situation as a kind of "Bermuda triangle".
format	article
author	Vasiljević Mirko S.
author_facet	Vasiljević Mirko S.
author_sort	Vasiljević Mirko S.
title	"The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder
title_short	"The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder
title_full	"The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder
title_fullStr	"The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder
title_full_unstemmed	"The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder
title_sort	"the bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: three subjects of protection: company, creditor and shareholder
publisher	Institute of Comparative Law, Belgrade
publishDate	2021
url	https://doaj.org/article/df234f2143ea487887c65c864e712f82
work_keys_str_mv	AT vasiljevicmirkos thebermudatriangleofcompanybankruptcyandlawontakeoverofjointstockcompaniesthreesubjectsofprotectioncompanycreditorandshareholder
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"The Bermuda triangle" of company, bankruptcy and law on takeover of joint stock companies: Three subjects of protection: Company, creditor and shareholder

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