Retragerea asociaţilor. Certitudini, dileme, soluţii

Dr. Ioan SCHIAU

Dr. Monica IONAŞ-SĂLĂGEAN

ABSTRACT

During the incipient period of application of companies’ legislation, legal issues concerning the formation, organization and development of trade companies’ activities were examined preeminently by scholars and courts, since that was a time of creation and hope; events like withdrawal or expulsion of an associate were marginal issues that were disrupting the corporate harmony and not so often met în practice.

The economic crisis affected, however, to corporate life. Facing financial difficulties, dissolution or bankruptcy proceedings is not an opportunity for the corporate harmony and, therefore, the latent differences and dissensions between associates are surfacing în such situations, triggering the separation, amicable or judicial, of the confronting associates.

Under such circumstances, the withdrawal of an associate is a solution that may be agreed upon by the parties or may be...