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SOME ECONOMIC AND FINANCIAL NEGATIVITIES CAUSED BY COURT VERDICTS
Abstract
The legislation in Romania has experienced significant changes in recent years, one of them being the introduction of the new Civil Code on 1 October 2011. This Code repealed the Commercial Code previously existing, commercial provisions being taken over by this new Civil Code. Therefore, the provisions of the Civil Code apply also on the liability of the company's management bodies, along with the Romanian special legislation, which is in accordance with the European regulations, including on matters related to the companies in insolvency. In this field, the Romanian law establishes the liability of the members of management and supervision bodies of the insolvent legal entities when, through their acts, they have caused the insolvency. The judge of the case may order that a part of the debts of such company, to be borne by the members of the management or supervision bodies or by other person that caused the insolvency. The article aims to analyze the conditions that give rise to liability and some aspects of practice in this area.
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