Răspunderea patrimonială a gestionarului de fapt. Elementele răspunderii

Abstract

Asset liability of the de facto administrator. Elements of liability

The patrimony managed shall be specifically determined within the reference period, so that to analyze the existence of the illegal act causing damage which is a prerequisite for incurring the patrimonial liability of the employee, respectively to determine if, by the exercise of duties, the administrator created damage to the employer’s patrimony.

Besides the fact that no minuses were registered in the accounts of the employer, no evidence having been submitted to this effect, the damage was determined by reference to the donation list, and not by reference to the goods actually entered into the inventory of the employee within the concerned facility. Or, in order to be actual and certain, the damage in the inventory must be represented by the inventory minuses found in a certain interval by comparing the data noted through counting,...