ADMINISTRAREA INTEROGATORIULUI ÎN CAZUL PERSOANELOR JURIDICE – SOCIETĂŢI CU RĂSPUNDERE LIMITATĂ
“QUESTIONING IN CASE OF LEGAL ENTITIES – LIMITED LIABILITY COMPANIES

Summary/Abstract: In this article, the author examines the text of art. 355 (“Questioning the legal entities”) of the new Code of civil procedure and, specifically, from the perspective of the limited liability company, raising the matter whether in case of a S.R.L. “theshareholders with right of representation” will be summoned in personam to the questioning procedure or, otherwise, they will be notified in advance about the questioning. The structure and content of the study reveal the comments upon the regulation of these means of evidence in the old Code of civil procedure, upon the mixt legal nature of the limited liability company, upon the qualification/interpretation methods of mixt contracts, considering, for the purposes of the above, the doctrine developed by famous names in the field of law (D. Cărpenaru, S. David, C. Predoiu, Gh. Piperea, M. Tăbârcă, Gh. Buta, V.M. Ciobanu, I. Deleanu). Finally, the author formulates brief considerations regarding the achievement of one of the fundamental desiderata of these means of evidence, namely to keep the surprising nature and to bring the party in the presence and before the judge.

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