Impactul jurisprudenței Curții Constituționale și a Înaltei Curți de Casație și Justiție în materia societăților comerciale
Impact of the Jurisprudence of the Constitutional Court and the High Court of Cassation and Justice in the Matter on Companies

Author(s): Dragos Daghie
Subject(s): Law, Constitution, Jurisprudence, International Law, Law on Economics, Commercial Law
Published by: Universul Juridic
Keywords: case-law; companies; changes; impact;
Summary/Abstract: Law no. 31/1990 celebrates this year 30 years of existence and applicability, being, along with other special regulations, one of the longest-lived normative acts, at least those adopted after 1989. Of course, given the time of its entry into force, the Companies Law has undergone changes, some necessary due to the need to update it and capture the realities of society (such as the amendment to Law No. 441/2006) but also other barbaric intrusions, unnecessary, not that they were a required and justified by any change in trade conditions (such as the amendments made by the Civil Code 2011 and the Implementing Law). Of course, Law no. 31/1990 also underwent interpretations or modifications depending on the jurisprudential decisions taken by the courts or by the court of constitutional contentious, some necessary and explainable, others useless and incomprehensible. Without having in the perspective of the present analysis the exhaustion of all the cases in which the jurisprudence had an impact on the Companies Law, I intend to present some of the situations in which the decisions of the courts have repercussions on the commercial life

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