RĂZVAN SCAFEȘ, Evoluția istorică a teoriei conflictului de interese în materie societară (The historical evolution of the theory of the conflict of interests in company-related matters)

RĂZVAN SCAFEȘ
Asist. univ. dr. Facultatea de Drept, Universitatea din Craiova; cercetător post-doctorat al Universității din Craiova; Avocat – Baroul Dolj;
E-mail: razvan.scafes@yahoo.com

Abstract
Conflict of interest is a legal concept derived from public law where it sanctions the fraudulent way of performing public tasks with disregard of the general interest to the detriment of the personal one. The development of private relations, especially those of a commercial nature, have created the need to adapt the concept in the field of legal persons in general and company law in particular. Conflicts of interest are real incidents in the functioning of legal persons and are associated with the identification by the associates or administrators of a company of an interest, either personal or for another. The concept has developed throughout history in relation to the general obligations of good faith and loyalty.

Keywords
conflict of interest, companies, loyalty, shareholders, good faith, administrators.