Introduction to Macedonian Company Law - Development & Unification
Associate Professor Kristina Misheva delves into the evolution of Macedonian company law, exploring its development within different legal systems and the impact of unifications. Gain insights into the distinctions between common law and civil law systems, with a focus on the Macedonian legal framework.
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Introduction to Macedonian company law ASSOCIATE PROFESSOR KRISTINA MISHEVA, PHD IN LAW FACULTY OF LAW, GOCE DELCEV UNIVERSITY, STIP WARSAW, 10-11.05.2024
THE COMPANY LAW IN THE DIFFERENT LEGAL SYSTEMS UNIFICATIONS OF THE LAW THE DEVELOPMENT OF THE MACEDONIAN COMPANY LAW IN DIFFERENT POLITICAL SYSTEMS ( FEDERATION VS UNLITERAL STATE THE EU REGULATION AND THE MACEDONIAN COMPANY LAW 1. General questions about the Macedonian Company law 2. 3. 4.
1. The company law in the different legal systems Common law The law that consists of rules that come from "a general practice accepted as law" and exist independent of treaty law; Obligations arising from established practices Lex Merchant (customs law / Customary international law ) pplies only to merchants: domestic and foreign From 1756 until 1789 integration of Lex Merchant into the English Common law. Applies to all citizens Civil law Lex scripta ( Written law); obligations arising from formal written law and ratified conventions and treaties; Until XIX century, the company law was based on contractual rules. The company is treated as agreement according the civil law After the second part of XX century dominates the institutional concept of the company. The company seen as an institution
Differentia specifica Civil law (Roman Law) systems Citizen Representative countries: Germany, Spain, France
1. The Macedonian company law in the different legal systems Macedonia is one of the countries that developed their legal systems based on Civil Law. These legal systems are based on the traditions of the Roman Law, or as somewhere called Continental Law or as we use is in theory written law (lex scripta). There are exemptions, where some of the EU countries has mad efforts to make codification of the civil law and the commercial law (like in Italy and Holland). In some way Switzerland- has weak autonomy between the civil and the commercial law. One of the basic characteristics for the countries that follow these legal systems is the clear distinction between the public and the private law. In the frame of the private law, distinction between : - the civil and - the commercial (company) law. In the context of distinctions between the civil and the commercial law, we may say that although the country has Company act still there is complementary with the civil law ( the rules of civil law- obilgations applies into comapany)
2. Unifications of the law In the process of globalization of the economy, the unification of the law became conditio sine non qua In 2009, at the meetings of the G-20 countries ( these countries represent more that 80 % of the world economy) was agreed that universal rules should be established in order to meet the need of the international economic relationships. With the unification of the law means adoption of international material law and procedural law ( internationally recognized rules ) that are valid in all countries in the world or in several countries. Examples for: - regional unification of the law ( EU Trade Union; Open Balkan- economic and political zone of three member states in the Balkans, those being Albania, North Macedonia and Serbia ) - Universal unification of the law ( UNICITRAL ; INCOTERMS, etc. )
Conclusions -to remember - Republic of Macedonia was part of the Yugoslavian federal system until 1991. As a result, even nowadays, there are many relics of that legal system, especially in the private law, but as also in the area of public law Republic of North Macedonia recognize the private and the public law as different areas. And in the context of distinctions between the civil and the commercial law, we may say that although the country has company act still there is complementary with the civil law ( the rules of civil law- (the law on obligations) applies ) Incorporation and harmonization with EU company law, since 1996 when the first Macedonian company act was adopted. The contemporary Macedonian Company Law was adopted in 2004; The country is recognizes as business-friendly environment, s it is confirmed its ranking on the 17th place in 2020 Doing Business Report of the World Bank.
