Abstract:

The New Civil Code submits to doctrinary debate preeminently the principle of the shareholders' agreement in what concerns the option to represent or not a distinct legal subject, under the circumstances of the accomplishment of certain specific formalities for legal persons, which formalities are exhibited within the special laws governing the form of trading company upon which the shareholders decide. Compared to these, in order to trace delimiting lines between the teories trading company-contract and trading company-institution, it is of interest the conceptual approach within compared law, especially since the new company law rely on elements belonging to legal systems with self-standing features.