The book aims at finding the legal solution of this latter case. First, arecognition of the economic incentives involved in shareholders’ loans ismade. The research, with the help of a functional and comparative approach(set forth in Chapter I), shows that the same opportunistic behavioursarise, n...
The book aims at finding the legal solution of this latter case. First, arecognition of the economic incentives involved in shareholders’ loans ismade. The research, with the help of a functional and comparative approach(set forth in Chapter I), shows that the same opportunistic behavioursarise, no matter the business entity involved, each time the shareholderis granted the limited liability and the entity funded by the shareholder,by means of a loan, is in financial distress. This is the reason whythe same legal treatment is provided for in many legal systems, irrespectiveof the legal entity, provided that the loan is granted by a limited liabilityshareholder
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