Summary

The author of this article points out that the term "kontsern" [group] as defined in § 6 of the Commercial Code is seldom used in the Estonian legislation. Therefore, the author shows some ways how to employ this term in regulatory provisions. Further, the author suggests new definitions of enterprise and trader for the Estonian legislation. The current definition of enterprise according to which an enterprise is comprised of things, rights and obligations belonging to the trader does not reflect the actual situation where groups of traders under the same management operate. Consequently, an enterprise should be regarded as comprised of things, rights and obligations of all traders belonging to a group.