IDEAS home Printed from
   My bibliography  Save this article

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


  • 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.)


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

    Download full text from publisher

    File URL:
    Download Restriction: no

    More about this item


    insolvency; special civil liability in tort; fraudulent assignment.;

    JEL classification:

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


    Access and download statistics


    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:66:y:2016:p:84-97. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas). General contact details of provider: .

    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 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.

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

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.