Considerații teoretice și practice privind infracțiunea de abuz de bunuri sociale în lumina legislației și jurisprudenței franceze
Theoretical and practical considerations regarding the offence of abuse of social goods in the light of the French legislation and case law
Author(s): Sorin Corlăţeanu, Mihaela RotaruSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: abuse; bad faith; the company’s interest; authority;
Summary/Abstract: The offence of abuse of social goods is one of the most frequent offences regarding companies. The incrimination of this action has the purpose of protecting the company against their managers’ temptation to consider it their own property and/or abuse of its goods or credit against the company’s interest. The offence that the authors examine can have as material object the goods, the credit and the authority. The offence may also refer to the company’s credibility, namely “the company’s commercial reputation, born out of the good operation of the company, its capital, its volume and the nature of its business”. Using the credit in a negative interest means exposing the company to a risk it should not be exposed to, even if the risk is not achieved.
Journal: Revista „Dreptul”
- Issue Year: 2010
- Issue No: 07
- Page Range: 224-235
- Page Count: 12
- Language: Romanian
- Content File-PDF