Abuso de poder de controle
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Data
2010-06
Orientador(res)
Vazquez, Juan Luiz Souza
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Resumo
Due to the occurrence of the phenomenon of globalization many companies have been given their control exercised by others within the same economic group. With the emergence of these hierarchical corporate structures was observed a significant increase in the number of acts performed with misuse or abuse of power by the holder of the power of command, which give rise, in principle, the characterization of the abuse of power control. The acts performed with the aforementioned characteristics can be found in loan agreements concluded between companies within the same economic group. However, I note that not all such contracts should be viewed as being abusive, that is, there are contracts involving these pairs can be considered lawful and legitimate. Given this finding will be reviewed by a generator if the peculiarities that a loan agreement involving companies in the same economic group needs to present it to be considered lawful, and that the act performed by the holder of power of control is not considered abusive . Finally, we differentiate the loan agreements involving companies in the same economic group to be considered as lawful and legitimate contracts that were prejudicial to minority shareholders, the market and the whole society, and thus should be considered abusive.