IMPLICATIONS OF INSERTING THE CLAUSE TO CONTINUE THE ACTIVITY WITH THE HEIRS OF THE DECEASED ASSOCIATE IN THE ARTICLES OF ASSOCIATION OF THE LIMITED LIABILITY COMPANY Cover Image

IMPLICATIONS OF INSERTING THE CLAUSE TO CONTINUE THE ACTIVITY WITH THE HEIRS OF THE DECEASED ASSOCIATE IN THE ARTICLES OF ASSOCIATION OF THE LIMITED LIABILITY COMPANY
IMPLICATIONS OF INSERTING THE CLAUSE TO CONTINUE THE ACTIVITY WITH THE HEIRS OF THE DECEASED ASSOCIATE IN THE ARTICLES OF ASSOCIATION OF THE LIMITED LIABILITY COMPANY

Author(s): Mihaela-Georgiana Iliescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Editura Hamangiu S.R.L.
Keywords: succession; clause to continue the activity with the heirs; limited liability company; intuitu personae character; shares; affectio societatis;

Summary/Abstract: The present study aims to bring to the fore the consequences of inserting in the articles of association of the limited liability company the clause regarding the possibility of continuing the activity with the heirs of the deceased associate or, on the contrary, the one concerning the explicit or implicit prohibition of the possibility of continuing the activity with the heirs, in the context of the obscurity of the text of the law that regulates the transmission of the shares by succession. As the unclear meaning of these legal provisions has generated divergent interpretations both in doctrine and in practice, the consequences of inserting the clause which is the subject of the research, are of particular importance, especially in practice, these consequences being presented and analyzed in the study.

  • Issue Year: X/2022
  • Issue No: X
  • Page Range: 450-456
  • Page Count: 7
  • Language: English
Toggle Accessibility Mode