Executarea silită a părților sociale, finala mare: (ne)înscrierea adjudecatarului în registrul comerțului
Enforcement of shares, the big final: (un)registration of the bidder in the trade register

Summary/Abstract: The enforcement of shares is an undeniable legislative reality following the amendments which Law no. 152/2015 has brought to Law no. 31/1990 on companies. However, the secondary legislation and, in particular, a regulation adopted in 2008 and unchanged until now on the way of making the entries in the trade register doesn’t reflect the change made to the primary legislation. The study finds this inconsistency which requires as the only solution the recognition of the priority of the law and the sanctioning of this recognition by the capitalization of the remedies provided by the law for the assumption of an unlawful refusal to perform the transmission’s registration, by adjudgement of the shares from the initially titular, the enforcement’s debtor, to the bidder of those, as the new owner.

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