Răspunderea asociaţilor în societăţile în nume colectiv

Conf. univ. dr. Lucian SĂULEANU

Universitatea din Craiova

Facultatea de Drept şi Ştiinţe Sociale

ABSTRACT

Law no. 31/1991 regulating the companies sets a different liability of the shareholders depending on the type of company and, therefore, the status of the shareholder in a certain type of company is directly linked with a certain degree of personal liability of that company.

From this point of view it is important to determine if the associates can derogate from these legal provision and grand themselves, through the Articles of incorporation, a different degree of liability than that which the law imposes for that type of company, and still without affecting other structural elements that are specific to the company.

The shareholders in the general partnership companies are joint and unlimited liable for the obligations of the company and its creditors will direct their claims first against the company for its obligations and, only...