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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)
Date: 2016
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