Răspunderea nelimitată a asociaţilor cu răspundere limitată în baza art. 2371 din Legea societăţilor nr. 31/1990

lector univ. dr. Manole Ciprian POPA

Facultatea de Drept, Universitatea din Bucureşti

ABSTRACT

The mechanism or technique of lifting the corporate veil, which consists of ignoring the legal personality when it is used by associates as a schield for defrauding creditors is regulated in several normative acts. In corporate matters, relevant are the provisions of art. 237¹ of Law no. 31/1990, which is the main object of our analysis. In the Preliminaries, we review the general rationale for seting up legal entities, particularly companies, from the perspective of their perception as limiting techniques of liability. Section I is dedicated to the mechanism of lifting the corporate veil, as regulated by art. 237¹ of Law no. 31/1990. Sections II and III analyze the applicability of this legal text in the insolvency proceedings, respectively the applicability of art. 193 par. (2) of...