Numirea unui curator special în cazul săvârşirii infracţiunii de folosire a bunurilor sau creditului societăţii
în scop contrar intereselor acesteia
Appointment of a special trustee in the case of misuse
of the corporate assets or credis
Author(s): Cristina NicoriciSubject(s): Criminal Law
Published by: Universul Juridic
Keywords: conflict of interests; special trustee; use of the company's assets and credits; the interests of the company; representation;
Summary/Abstract: During a criminal trial, conflicts of interests between a representative of a legal persons and the legal person itself may arise. An example is the situation when the company's administrator is indicted for the offense of using the company's assets and credits agaist the interests of company. Despite the fact that the legal person should be reprezented by the administrator during the criminal trial, given the obvious conflict of interests between them, the court must appoint a special trustee who would reprezent the interests of the legal person, according to art. 58 of Civil Procedure Code.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2020
- Issue No: 2
- Page Range: 35-44
- Page Count: 9
- Language: Romanian