REGULATIONS OF INTERNATIONAL ROMANIAN PRIVATE LAW AND "EMIGRATION" OF TRADE COMPANIES IN THE EUROPEAN UNION
Autor (i): Gheorghe BONCIU
Cuvinte cheie: legal entity, registered office, free movement, primary law, secondary law, European
jurisprudence.
Abstract:
In this study, the author analyzes the way of establishing the registered office by the companies, taking into account one of the fundamental freedoms of European Union law, namely the free movement of natural persons and legal persons, irrespective of the Member State in which this freedom is to be exercised. freedoms. In the case of legal entities, there are two valences of the right of free establishment: the right of primary establishment and the right of secondary establishment. The right of secondary establishment refers to the freedom of the legal person to set up secondary offices (branches,agencies, etc.) in any Member State of the European Union, and the right to primary establishment offers the possibility of a legal person to transfer his headquarters to the another state without the need for liquidation. While the right to secondary settlement is explicitly guaranteed in European Union law, the right to primary settlement is one of the most controversial and debated topics of European business law, both from the point of view of doctrine and from the point of view. of the case law. The present research tries to establish under what conditions the regulations of Romanian private international law allow the commercial companies to exercise their right to primary establishment in relation to the doctrinal statutes and the jurisprudence of the Court of Justice of the European Union.
In this study, the author analyzes the way of establishing the registered office by the companies, taking into account one of the fundamental freedoms of European Union law, namely the free movement of natural persons and legal persons, irrespective of the Member State in which this freedom is to be exercised. freedoms. In the case of legal entities, there are two valences of the right of free establishment: the right of primary establishment and the right of secondary establishment. The right of secondary establishment refers to the freedom of the legal person to set up secondary offices (branches,agencies, etc.) in any Member State of the European Union, and the right to primary establishment offers the possibility of a legal person to transfer his headquarters to the another state without the need for liquidation. While the right to secondary settlement is explicitly guaranteed in European Union law, the right to primary settlement is one of the most controversial and debated topics of European business law, both from the point of view of doctrine and from the point of view. of the case law. The present research tries to establish under what conditions the regulations of Romanian private international law allow the commercial companies to exercise their right to primary establishment in relation to the doctrinal statutes and the jurisprudence of the Court of Justice of the European Union.
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