La protection des créanciers au sein des groupes de sociétés

Abstract : Legal study of the group of companies reveals a major difficulty which emanates from the big difference between law and reality. Indeed, although they are linked by a common interest, the member companies of a group are not always the object of a detailed ruling which would take into consideration their entity and their economic unity and social distinctions. From this antagonism follows a risk of not connecting the particular member companies with the legal acceptance of the group’s interest, which might lead to prejudicial actions towards the different categories of creditors and companies.However, this absence of a special law for groups gave rise to a timely rule which modifies the rules of the rights of companies or which rules certain particular fields. In the same way, because of an insufficiency of written standards, an important part of the actual right is derived from the origins of precedent. Supported by the Supreme Court of Appeal, the the trial judges do not cease to draw a line around the different aspects of this occurrence in the light of closing a legal loop hole which goes against fairness. Several theories have indeed been established on the subject, forming together an important base for the protection of creditors, wage earners and minor partners linked to the whole of the amalgamated companies.
Document type :
Theses
Complete list of metadatas

Cited literature [56 references]  Display  Hide  Download

https://tel.archives-ouvertes.fr/tel-00828144
Contributor : Abes Star <>
Submitted on : Thursday, May 30, 2013 - 1:17:10 PM
Last modification on : Wednesday, September 5, 2018 - 5:04:04 PM
Long-term archiving on : Saturday, August 31, 2013 - 5:55:11 AM

File

these_A_HMODA_Farag_2013.pdf.p...
Version validated by the jury (STAR)

Identifiers

  • HAL Id : tel-00828144, version 1

Collections

Citation

Farag Hmoda. La protection des créanciers au sein des groupes de sociétés. Droit. Université de Franche-Comté, 2013. Français. ⟨NNT : 2013BESA0001⟩. ⟨tel-00828144⟩

Share

Metrics

Record views

2283

Files downloads

13159