ADUNAREA GENERALĂ A ASOCIAȚILOR - EVOLUȚIE JURISPRUDENȚIALĂ
General Assembly Associations. The Evolution of Jurisprudence

Author(s): Dragoș-Mihail Daghie
Subject(s): Civil Law
Published by: Universul Juridic
Keywords: general meeting; shareholders; case-law;
Summary/Abstract: Relatively recent legislative changes in the field of private law have resulted both in changes in commercial law, and in adjustments of the judicial practice on such corporate matters.The entry into force of the new Civil Code has determined the repeal of the Commercial Code and the amendment of Company Law No 31/1990. Furthermore, the 2011 Civil Code has included somewhat atypical provisions for the relationships between private parties, which represent a forced perspective aiming at unifying and levelling all corporate relationships under private law.Thus, in line with the monistic principle applied in the early days of the new Civil Code, there are currently articles which deal with the general meeting, bold provisions concerning private parties, which as it can be easily noted, have been taken from commercial regulations – Commercial Code and Law No 31/1990.From an evolving point of view, the 1887 Commercial Code included, under Articles 77 to 220, provisions regarding companies, while Articles 156 to 165 particularly dealt with the general meetings of partnerships limited by shares and public limited companies.The provisions of the Commercial Code were repealed by Law No 31/1990, which, in its initial form, regulated, under Article 110 and the following articles, the meetings of joint-stock companies, while also including special provisions depending on each type of company.

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