Atragerea răspunderii organelor de administrare ale persoanei juridice în procedura insolvenţei - delimitări teoretice şi probleme practice

The Liability of Management Bodies of Legal Entities in Insolvency Proceedings - Theoretical Framework and Practical Issues

Abstract

The District 6 Court annulled the forced execution proceeded on the basis of an enforceable title, a sentence stating that the former administrator of a legal entity was to be held personally liable. The basis of nullity, the court found, was the fact that the request for forced execution was introduced only after the pronouncement of the sentence of dissolution of the private entity, and the liquidator, responsible for the request for forced execution, had been discharged.

The judgment serves as an opportunity to examine relations between the administrative bodies of the legal entity and that entity. The analysis concludes that relations of this form include prerogatives of special powers. Misappropriation or improper...