Problems of legal regulations of companies in Lthuania and Mali

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Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Anglų kalba / English
Title:
Problems of legal regulations of companies in Lthuania and Mali
In the Journal:
Humanities studies. 2020, 3 (80), p. 1-6
Keywords:
LT
Įmonės. Bendrovės / Companies. Enterprises; Teisėkūra. Teisės šaltiniai / Legislation. Sources of law.
Summary / Abstract:

ENThe relevance of the study: the article describes what a company is and what its legal regulation is. The analysis of case law in civil cases determines when the legal liability of the company's manager arises and when this responsibility falls on the company's shareholders.The problem of the research -a legal person may have and acquire any civil rights and obligations other than those which require the appearance of a natural person, such as sex, age and kinship. The subjectivity of a legal person is based on the intellect and will of its founders, managers, he cannot be responsible for himself or perform actions, including misconduct of the legal person, not the company itself but the responsible persons in it (managers, shareholders, etc.). The object of the research- legal regulation of companies. The aim of the research is to analyze the problems of legal regulation of companies, when it is the responsibility of the head of the company.Methods - analysis and synthesis, abstraction, logical and historical, comparative analysis. Results.In many cases, the responsibility for the misconduct in the company lies with the manager, because it is he who makes certain decisions in the company that can be risky. If a claim is made for damages in connection with a transaction concluded by the head of the company, but this has been approved by the board, the responsibility for such transaction lies with the board of the company, unless the manager is at fault. The head of the company is also liable for inaction when, knowing that the company is potentially committing an offense, it does not take any action as a result. This article focuses on the different types of companies in the OHADA space in general and in Mali in particular. Our literature review shows that there are many types of companies.They range from partnerships to limited liability companies, including hybrid companies, namely limited liability companies. Conclusion. A natural person shall be characterized by his or her sex, kinship and age, and a legal person may not possess these characteristics, therefore all civil rights and obligations may be acquired, except those for which the necessary characteristics characterize a natural person. The subjectivity of a legal person is based on the intellect and will of its founders, managers, he cannot be responsible for himself or perform actions, including misconduct of the legal person, not the company itself but the responsible persons in it (managers, shareholders, etc.). Keywords: civil liability of the head of the company, legal entity, natural person. [From the publication]

DOI:
10.26661/hst-2019-3-80-10
ISSN:
2708-0390; 2708-0404
Subject:
Permalink:
https://www.lituanistika.lt/content/103001
Updated:
2023-12-13 19:29:41
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