Publication details

Závazkové nástroje ochrany smluvního věřitele korporace začleněné do podnikatelského seskupení

Title in English The Contract Law Approach to Creditor Protection in Corporate Group


Year of publication 2019
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords Corporate Group; Culpa in Contrahendo; Third Party Protection Contracts; Piercing of Corporate Veil
Attached files
Description The significance of corporate groups continues to increase, as well as their economic power. There is no uniform definition of corporate groups and the concept covers the spectrum from highly centralized to largely diversified groups. With limited shareholder liability for parent companies as the general norm, the leading question in the following is to what extent a parent company can be held liable for performance breaches of its subsidiary, who is actually contracting with the client, even though she is bound to follow instructions from the parent company. The following treatise analyses the preconditions of creditor protection in corporate group, which is based on the application of contractual instruments of creditor protection. It is concluded that subsidiary creditors can have a standing in a lawsuit against a parent corporation based on preconditions for the imposition of culpa in contrahendo by third parties and elements derived from the third party protection contracts.
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