Despre natura juridică a contractului de administrare dintre o societate comercială şi administratorii acesteia

prof univ. dr. Titus PRESCURE

Facultatea de drept, Universitatea "Transilvania" din Braşov

drd. Bogdan TEODORESCU

Facultatea de drept, Universitatea de Vest din Timişoara

Abstract

This paper is addressing the thesis of the existence of a named management contract, having its own physiognomy and legal regime. This legal concept is analyzed both from the perspective of the special provisions of the Law no. 31/1990 - the law of companies, as well as of the new provisions of Civil Code, especially regarding the administration of the goods of another. Arguments supporting the authors’ conclusion that the management contract benefits from a special regulation that differentiates it from other contracts will be put forward and reasons for a distinct legal regulation of this type of contract and for the acceptance of the provisions of art. 792 C. civ.et seq., as general rules regulating...