THE MECHANISM OF OPPOSITION AGAINST THE ASSIGNMENT OF COMPANY SHARES WITHIN THE LIMITED LIABILITY COMPANY REGULATION AND CASE LAW PERSPECTIVES

Angela Miff and Rodica-Diana Apan

FIAT IUSTITIA, 2016, vol. 10, issue 2, 141-149

Abstract: In the context of the Company Law, consolidated version, opposition is a procedural means through which social creditors and any other injured persons, by the decision of the general meeting of shareholders to amend the articles of association of the company, are entitled to request the court to order the company or, where applicable, its associates, to repair the damage caused. The scope of persons that are holders of the right to exercise the opposition is wide, and will need to prove they meet the conditions for the exercise of opposition. Regarding the aspects considered, case law has held that the holder of the quality of active procedure has the burden to prove the damage, the illegal act causing injury and the causation, to attract opposition admission.

Keywords: Assignment; shares; opposition; creditors; injured persons (search for similar items in EconPapers)
JEL-codes: K22 (search for similar items in EconPapers)
Date: 2016
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
http://fiatiustitia.ro/wp-content/uploads/2021/03/ ... 18-1-10-20170112.pdf (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:10:y:2016:i:2:p:141-149

Access Statistics for this article

More articles in FIAT IUSTITIA from Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania
Bibliographic data for series maintained by Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania ().