Incidența răspunderii administratorului unei societăți din cadrul unui grup pentru intrarea în insolvență, ca urmare a încălcării obligației sale de loialitate
The incidence of the liability of the administrator of a company whithin a group for entering into insolvency as a result of a breach of their loyalty obligation

Summary/Abstract: The determination of the liability of the administrator of a company within a group for entering into insolvency, as a result of breaching their loyalty obligation is a controversial issue. The dilemmas invoked are generated by the lack of an autonomous regulation of the group of companies, as a distinct economic entity, but without legal personality. The difficulty of establishing the responsibility of the administrator in such a case is accentuated by the lack of a legal delimitation of the content of the obligation of confidentiality. The problem becomes even more complex in the event of a conflict of interest between the component companies of the group, because it is necessary to prioritize the duty of loyalty of the administrator in relation to one of them. Herein we analyze the solutions configured in these cases, in order to determine the extent of the administrator's liability, when a breach of their obligation of loyalty has led to the insolvency of a company within the group. From this perspective, it is necessary to establish the extent to which compensations can be granted, in relation to the amount of debt owed by the insolvent company to its creditors, but within the limit of the damage caused by the unfair conduct of the administrator.

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