Abstract:

According to the First Council Guidelines on Corporate Law of March 9, 1968 and 68/151/AET and, on the other hand, taking into account the criticisms that are always on the agenda, the rule that the rights of the trade companies are limited to the business subject (6762 TTK m.137), remains in terms of all trade companies (6102 TTK m.125/no.2). However, the influence of the business subject on the representative authority continues, including against third parties (p. 233, p. 271). Now the problems will continue against third parties, in the context of the claims that the representative is processed outside the business subject of the company, and therefore "the transaction is not connected to the company because of the excess of representative authority". In our view, it would be more appropriate to ensure the security of the transactions and markets that the business subject, in terms of relations with third parties, does not accept the influence on its representative authority.

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