The protection of creditors in groups of companies
type: Dataset
description: 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.
identifier: NNT: 2013BESA0001
issued: 2026-05-10T22:48:13.721163
language: fr
modified: 2026-05-10T22:48:13.721167
contact point: Organization
  fn: CCSD
keyword: action-to-fill-in-the-debit
keyword: conflict-of-interest
keyword: effective-director
keyword: extension-of-joint-procedure
keyword: groupe-de-societes
keyword: infoeu-reposemanticsdoctoralthesis
keyword: mere-filiale-sous-filiale
keyword: mother-company
keyword: protection-de-creanciers-des-societes-filiales
keyword: protection-des-creanciers-internes-et-externes-des-filiales
keyword: rapports-de-controle-entre-societes
keyword: redeployment-of-wage-earners
keyword: responsabilite-de-la-societe-mere
keyword: shsdroithumanities-and-social-scienceslaw
keyword: subsidiary-company
keyword: theses
landing page: https://theses.hal.science/tel-00828144

The protection of creditors in groups of companies
type: Distribution
format: HTML
issued: 2026-05-10T22:48:13.724335
modified: 2026-05-10T22:48:13.700112
access URL: https://theses.hal.science/tel-00828144

test_moissonnage_selune
type: Agent