Original scientific paper
https://doi.org/10.30925/zpfsr.39.3.9
FACTUAL CONCERNS IN DOMESTIC AND COMPARATIVE LAW – THE CONCEPT, LEGAL NATURE AND OTHER OPEN QUESTIONS
Dubravka Akšamović
; Faculty of Law University Josip Juraj Strossmayer of Osijek, Osijek, Croatia
Sanjin Stupar
; Facult of Law Univesity Josip Juraj Strossmayer Osijek, Osijek, Croatia
Abstract
Factual concerns have a great economic importance regarding of their market power. The implications of factual concern on legal system require a distinction in relation to other legal forms of affiliated companies and other types of concerns. The aim of this paper is to define the concept of a factual concern on a legal and practical level. Methodology of the research consists in analysing legal sources and
jurisprudence with the aim of identifying the essential features of factual concern and understanding the legal nature of factual concern, in order to see in which situations factual concern exists. The purpose of precise defining of a factual concern is crucial to the qualification of obligations arising from the constellation of connected companies.
It is important to pay attention to the terminology when it comes to factual concerns in relation to other groups of affiliated companies, so that there is no misunderstanding which subject is liable within the factual concern. The results of the research have shown that the question of the factual concern is not sufficiently explored and that
there is some insufficient legal regulation of this concept, since no law in the Republic of Croatia mentions directly the term factual concern.
Keywords
factual concerns; legal sources of concerns; legal nature of the factual concern; Group of Companies
Hrčak ID:
216559
URI
Publication date:
28.12.2018.
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