Considerations Regarding the Liability Action of the Management Organs of the Legal Person Cover Image
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Consideraţii privind acţiunea în răspundere a organelor de administrare ale persoanei juridice în viziunea Noului Cod civil
Considerations Regarding the Liability Action of the Management Organs of the Legal Person

Author(s): Carmen Todică
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: liability action; management organs of the legal person

Summary/Abstract: In the new legislative framework set up by the New Civil Code, art. 220 introduces the broad category of "liability of the members of the legal person" , regulating action against managers, directors and other persons acting as members of the legal entity bodies for damage caused to it. Closely related to the action for damages, indirectly, art. 220 NCC qualifies officers and directors as organs of the legal person. But before discussing matters related to the promotion of the action for damages, it is necessary to review the concept of managing organ as defined in other texts of the "corpus" of the Civil Code , namely art. 209 NCC, trying to answer the question of whether the manager is a simple proxy, as we are used according to Law no. 31/1990 regarding companies, or we can really talk about an organ of the legal person .

  • Issue Year: 2012
  • Issue No: 05
  • Page Range: 271-277
  • Page Count: 7
  • Language: Romanian