Declinul Affectio societatis. Ipostaze şi ipoteze ale retragerii asociaţilor din societatea cu răspundere limitată

Prof. univ. dr. Ioan SCHIAU

ABSTRACT

The withdrawal of associates from the limited liability company is a solution to the crisis of affectio societatis, whose legal meanders are becoming increasingly interesting due to the complexity of the problems arising in practice and the few and even contradictory legislative solutions. The present study examines only the hypothesis of the withdrawal of an associate from the limited liability company with the consent of all the other associates, under the conditions provided for by Art. 226 (3) of Law No. 31/1990, which stipulates that the rights of the withdrawn associate in respect of his shares in the company are to be determined either by the agreement of the partners or by an expert appointed by them or, in the event of disagreement, by the court.

Keywords: withdrawal, consent of all associates, assessment of withdrawal rights.

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