Tribunalul Specializat Mureș, Sentința nr. 278 din 29 februarie 2012 (devenită irevocabilă prin neapelare) (Studiu de caz)
Specialized Tribunal Mureş, Sentence no. 278, 29th of February 2012 (became irrevocable by not beaing appealed) (Case Study)

Summary/Abstract: The majority abuse, a species of the abuse of rights, is exercised when the General Meeting of Shareholders’ decision is adopted in the only interest of the shareholder majority, while disregarding the interests of the company and of the other shareholders, and which firstly harm the society, and secondly harm the minority shareholders. In this particular situation, article 1361 in conjunction with article 127 of Law no. 31/1990, republished, become operational, alongside with the provision of art. 998-999 of the 1864 Civil Code and art. 1349 of the New Civil Code, regarding the regulation of civil tort liability which the corporate rules refer to and by which the shareholder’s majority abuse is sanctioned for restoring the corporation’s patrimony.

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