REORGANIZATION OF THE LEGAL PERSON – A SOLUTION IN THE CONTEXT OF THE COVID-19 PANDEMIC
REORGANIZATION OF THE LEGAL PERSON – A SOLUTION IN THE CONTEXT OF THE COVID-19 PANDEMIC

Author(s): Olga Andreea Urda, Ionut Alexandru Toader
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: entrepreneurship; competition; reorganization; competition; commercial Law;
Summary/Abstract: The reorganization of the legal person represents, without a doubt, a solution for the entrepreneurs with the aim to restructure and optimize thir activity. In the specific context of COVID-19 pandemic, effective solutions are required in the sensitive and so severely afflicted domain of entrepreneurship.Merger and division as forms of reorganization of companies are regulated by Law no. 31/1990 and they represent for many entrepreneurs the last resort, which would respect concomitantly the strict stipulations regarding loyal competition on one hand, as well as those related to fulfilling their contracted obligations with respect to social creditors, on the other. The legislator is solicited to make effective legal solutions available for the entrepreneurs, which would answer to the necessity to reorganize their activity, solutions meant to protect shareholders as well as social creditors.The law 31/1990 was modified within the context of COVID-19 pandemic, more efficient solutions being conceived for entrepreneurs and the aim of this paper is to illustrate the manner in which the specific solution of the reorganization of the legal person is regulated, on one hand from the perspective of the Civil Code, and on the other hand from the perspective of Law 31/1990.

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