The State's non-intervention in a semi-public company

Throughout this work, we have first had to discuss the legal nature of State shares in a State-owned company. This State intervention is not a principle but an exception of public order, in article 4 of the uniform act relating to the law of commercial companies and economic interest groupings and regulations, and is not to be confused with State interventionism which tends towards the regulation of business and consumer protection. State interventionism and the semi-public company and the scope of Article 4. Secondly, we examined the basis for State non-intervention, analysing the scope of the principle of the unseizability of State assets; Then we set out an attempt to reform the principle with a view to guaranteeing the security of the other shareholders by advocating the effective participation of the State in a semi-public company. With regard to the funds constituting the State's shares in a company, it should be noted that they fall within the public domain of the State and are therefore managed by public law and may be governed by the principle of non-seizability.

Autorentext

SABATA MUYISA Patrick, born in Lubero on 12/07/1990, independent consultant and legal researcher! Degree in Public Law from the Free University of the Great Lakes Countries. Independent consultant to SODPAD.