Munich Personal RePEc Archive

Legal or business personality of the commercial companies according to business law in Kosovo

Krasniqi, Armand (2016): Legal or business personality of the commercial companies according to business law in Kosovo. Published in: International Journal of Sciences: Basic and Applied Research (IJSBAR) , Vol. 25, No. 3 (6 March 2016): pp. 216-224.

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Companies are founded by two or more physic persons or entities that are awarded for the achievement of common objectives in business, making contributions to society, as defined in its charter that in essence is a general term that means a society - society trading. As such the company has an identity apart from the legal authentic it is clearly separate from its members or shareholders. In this segment Kosovo has an interesting and intense legislative history. The transformation of the Company Law, from the time former social system to the establishment of UNMIK - Regulation in 1999 mark the greatest progress towards a modern economy - market. Two recent laws on commercial companies are based on the German model. It what is important has to do with the provision of legal guarantees for the provision of basic modalities for an early business organization in which local and foreign investors are familiar. The dilemma which now arises in the field of theory of business law is that it has been reasonable choice lawmakers two business formations to legal subjectivity removed and replaced with business subjectivity. It what is evident has to do with the fact that, at least so far, there is no comment, justification, debate, etc., that this setting expressed above, at least in terms of the science, to handle in terms of advantages or its disadvantages. The paper aims to provide a view of why partnerships society, despite the lack of legal personality has strong and stable position in life legal practice of doing business in our country.

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