IDEAS home Printed from https://ideas.repec.org/a/pmu/cjurid/v64y2016p129-137.html
   My bibliography  Save this article

The Metamorphosis Of The Associate'S Limited Liability For The Obligations Of The Company Undergoing Dissolution

Author

Listed:
  • Rodica APAN

    (Associate Professor, "Dimitrie Cantemir" Christian University of Bucharest, Faculty of Law Cluj Napoca., ROMANIA.)

Abstract

The present article seeks to analyze the metamorphosis of the extent of the associate's liability for the obligations of the limited liability company, namely that liability which modifies its extent – from liability limited to the associate's contribution to the share capital it develops into unlimited liability to this contribution. The metamorphosis occurs in well-determined cases, namely when, in the fraud of the creditors, the associate abuses of the limited character of its liability and of the distinct legal personality of the company, this happening in the stage of dissolution which precedes liquidation. The analysis of the consequences of metamorphosis of the extent of the associate's liability having in view the benefit it should have brought to the amelioration of the business environment, is not a favourable one, because of its limited applicability, seen from double perspective: only to the associate in the limited liability company and only to the companies from this category undergoing dissolution which precedes liquidation.

Suggested Citation

  • Rodica APAN, 2016. "The Metamorphosis Of The Associate'S Limited Liability For The Obligations Of The Company Undergoing Dissolution," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 64, pages 129-137, March.
    • Handle: RePEc:pmu:cjurid:v:64:y:2016:p:129-137
    as

    Download full text from publisher

    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj16/recjurid161_11F.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    piercing the corporate veil; metamorphosis of the extent of liability; distinct legal personality of the company; fraud of creditors; limited liability; dissolution; liquidation.;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:64:y:2016:p:129-137. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Bogdan Voaidas (email available below). General contact details of provider: https://edirc.repec.org/data/feuttro.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.