Reprezentarea societăţii comerciale şi actele juridice încheiate de administratori

dr. VIOREL GĂINĂ*

* e-mail: office@avgaina.ro

Prof. univ. - Facultatea de Drept, Universitatea din Craiova

dr. ALEXANDRU MIHNEA GĂINĂ**

** e-mail: alex.gaina@avgaina.ro

Lector univ. - Facultatea de Drept, Universitatea din Craiova

ABSTRACT

The legal report between the commercial company and the administrator is a report of mandate. The administrator mandate can be with representation or without representation and has contractual content and also legal one. The powers of the administrator of the company include two elements: the power to fulfil management abilities; the power to represent if it was expressly granted. The power to represent is distinct from the power of administration and exists only if it has been conferred. The representation of the company by the administrator is exercised differently depending on the type of company. For concluding the dispositions, the company’s administrator does not need a...