Concurrence of the Position of a Governing Body and Statutory Authorization in Limited Companies and Cooperative in a Comparative Context

1 Concurrence of the Position of a Governing Body and Statutory Authorization in Limited Companies and Cooperative in a Comparative Context Abstract The thesis provides an analysis of function concurrence between board members and employees to the extent of board members in companies limited by shares and in a society. The aim of this thesis is to describe the relative issues, problematic and controversial aspects of current doctrine and propose possible solutions, which could be acceptable for legal theory as well as for legal practice. The work is divided into three main parts. The first part deals with the validity of employment contract in case of concurrence of functions. The second part then describes the issue of company representation in case of concurrence of functions. The last part describes the relative issues, which are common to both previous sections. The first part deals mainly with the current legal regulation of the employment contract in case of concurrence of functions. Not long ago, the employment contract was held as invalid by case law; however a recent legislation has brought some reasonable changes and has explicitly declared the validity of the employment contract. Nevertheless, this has produced also some new issues, especially in the case of conflicts between the employment..