THE EFFECTS OF THE RESIGNATION OF THE ADMINISTRATOR'S MANDATE AND THE REPRESENTATION OF THE LEGAL ENTITY IN THE CONTEXT OF DECISION HCCJ RIL NO. 24/201
THE EFFECTS OF THE RESIGNATION OF THE ADMINISTRATOR'S MANDATE AND THE REPRESENTATION OF THE LEGAL ENTITY IN THE CONTEXT OF DECISION HCCJ RIL NO. 24/201

Summary/Abstract: The provisions of the common law establish the fact that the representation of the legal entity is done through its administrative bodies, resulting in the administrators being the bearers of the social will in legal relations with third parties, respectively those through which the legal capacity of the legal person is manifested. An analysis of the atypical situations arising in the functioning of legal entities is therefore required, in relation to the apparent lack of representation given by the expiration of the mandate of the administrators or their possible relinquishment of the mandate. The High Court of Cassation and Justice’s decision no. 24/2017 pronounced in RIL procedure, regulates a unique hypothesis regarding the administrator of the joint-stock company whose mandate has expired, without there being an act appointing a new administrator and an express acceptance from him, as long as the termination of the position has not been published in accordance with the law. However, other situations can be identified in practice that involve discussions regarding holding the quality of representative of the legal entity.

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