CIVIL LEGAL LIABILITY OF THE ADMINISTRATOR GOVERNED BY THE COMPANIES LAW NO . 31/1990 , IN THE CONTEXT OF THE LEGAL FRAMEWORK SET UP BY THE CIVIL CODE
CIVIL LEGAL LIABILITY OF THE ADMINISTRATOR GOVERNED BY THE COMPANIES LAW NO . 31/1990 , IN THE CONTEXT OF THE LEGAL FRAMEWORK SET UP BY THE CIVIL CODE

Summary/Abstract: Based on the provisions of art.72 of the Romanian Companies Law no. 31/1990 „duties and liabilities of administrators shall be governed by the provisions relating to the mandate and those of the present law”, the vast majority of the doctrine considers that, depending on the source of the obligation breached, administrators’ liability can be contractual and criminal.Although we are placed on a dualistic position of responsibility, the hereinafter study attempts at broadening its scope of employment, in addition to obligations adding the breaching of responsibilities, given that the responsibilities (powers) of the administrator have their source in the mandate given as well as in the law (eg. exclusive powers provided by law for the collective management bodies, sometimes referred to by the legislator as basic competencies), all of them researched in a comparative perspective with the legal provisions applicable in the field, namely the current civil Code.

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