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Outlooks On The Judicial Remedies For The Fraudulent Assignment Of Company Shares In The Limited Liability Company;Legal And Case-Law Landmarks

Author

Listed:
  • Rodica Diana APAN

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

  • Angela MIFF

    (Lecturer, PhD Facultaty of Economics and Business Administration, "Babes-Bolyai" University, Cluj-Napoca, ROMANIA.)

Abstract

The economic reality revealed cases of diversion of the assignment of company shares from the purpose for which it was instituted and using it as a means to fraud creditors. Under the conditions of the evanescence of the procedural means of opposition to the assignment of shares, the fraudulent character of these assignments is incorporated in the remedy offered by the procedure of the attachment of liability of the persons who caused the insolvency. The fraudulent assignments generate, in practice, the initiation of court actions for the attachment of liability to persons who transferred the company shares, at nominal value, without proceeding to hand in the company's patrimony and accounting documents to persons who did not exercise, after the assignment, the mandate of administrator or hold the statute of associate.

Suggested Citation

  • Rodica Diana APAN & Angela MIFF, 2016. "Outlooks On The Judicial Remedies For The Fraudulent Assignment Of Company Shares In The Limited Liability Company;Legal And Case-Law Landmarks," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 66, pages 84-97, September.
    • Handle: RePEc:pmu:cjurid:v:66:y:2016:p:84-97
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj16/recjurid163_8F.pdf
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    References listed on IDEAS

    as
    1. Rodica Diana Apan, 2015. "The Liability of the Managing Body within the Insolvency Proceedings in Romania: Case-Law Study," Eurasian Journal of Business and Management, Eurasian Publications, vol. 3(4), pages 63-73.
    2. Rodica Diana Apan & Angela Miff, 2016. "The Efficiency Of The Regulation And Case Law Approaches To The Assignment Within The Limited Liability Company," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(1), pages 109-125, June.
    3. Angela Miff & Rodica-Diana Apan, 2016. "The Mechanism Of Opposition Against The Assignment Of Company Shares Within The Limited Liability Company Regulation And Case Law Perspectives," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(2), pages 141-149, June.
    Full references (including those not matched with items on IDEAS)

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    Cited by:

    1. Rodica Diana APAN, 2018. "Registering In The Fiscal Record The Attachment Of Patrimonial Liability To The Individual For The Debtor’S Insolvency; Quid Prodest?," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 73, pages 46-56, June.

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    1. Angela Miff & Rodica-Diana Apan, 2016. "The Mechanism Of Opposition Against The Assignment Of Company Shares Within The Limited Liability Company Regulation And Case Law Perspectives," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(2), pages 141-149, June.

    More about this item

    Keywords

    insolvency; special civil liability in tort; fraudulent assignment.;
    All these keywords.

    JEL classification:

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

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