Pe marginea jurisprudenţei recente: înstrăinarea activelor societăţii, o pură decizie de oportunitate?
Discussing about the recent case law: disposal of the company assets, a pure decision of opportunity?

Summary/Abstract: The director’s decision to dispose of a significant asset of the company does not only depend on the opportunity and profitability of an operation, however, it may impose the company existence itself or may determine the change in its object of activity. Stating the reasons that the disposal of an asset is a decision of the company, which may be advisable or not, profitable or not, however, it cannot be censored by the court, whereas this would equate to some interference in the company activity, courts shall imperturbably reject the shareholders’ legal actions. The purpose of this study is, in the given circumstances, to identify, according to Law no. 31/1990, any possible solutions for the situations in which directors dispose of significant assets, and these decisions are contrary to the interests of the company, jeopardizing even its existence.

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