THE VOLUNTARY DISSOLUTION OF A LIMITED LIABILITY COMPANY - A WAY OF ABUSING THE LAW?

THE VOLUNTARY DISSOLUTION OF A LIMITED LIABILITY COMPANY - A WAY OF ABUSING THE LAW?

Law 31/1990 on companies provides a series of cases that lead to the dissolution of a company either by the will of the associates, either by the decision of the court of law, either by law. As such, even though the cases in which the dissolution can operate by law - therefore imposed by the legal...

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Main Author: Andreea Stoican
Format: Article
Language:English
Published: ADJURIS – International Academic Publisher 2020-05-01
Series:Perspectives of Law and Public Administration
Subjects:
voluntary dissolution
breach of law
law enforcement
liquidation
Online Access:http://adjuris.ro/revista/articole/an9nr1/8.%20Andreea%20Stoican.pdf
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spelling doaj-af0c6cf5e03f423ea8e3135949c0bfa92020-11-25T03:46:01ZengADJURIS – International Academic Publisher Perspectives of Law and Public Administration2601-78302020-05-01916569THE VOLUNTARY DISSOLUTION OF A LIMITED LIABILITY COMPANY - A WAY OF ABUSING THE LAW?Andreea Stoican0Department of Law, Bucharest University of Economic Studies, RomaniaLaw 31/1990 on companies provides a series of cases that lead to the dissolution of a company either by the will of the associates, either by the decision of the court of law, either by law. As such, even though the cases in which the dissolution can operate by law - therefore imposed by the legal provisions - or through the decision of the court are clearly stated, not the same can be said for the dissolution of a company intervened by the decision of the partners. Due to a more general definition that the legislator gave to this legal means, it created, without anticipating at the moment of the drafting of the legal text, a method for the associates to breach certain legal provisions regarding the rights of their creditors. Therefore, the current study aims to draw the attention on a frequent practice operated by more and more merchants in their trade activity which leads to an impossibility for their creditors to have their debts recovered. http://adjuris.ro/revista/articole/an9nr1/8.%20Andreea%20Stoican.pdfvoluntary dissolutionbreach of lawlaw enforcementliquidation
collection DOAJ
language English
format Article
sources DOAJ
author Andreea Stoican
spellingShingle Andreea Stoican
THE VOLUNTARY DISSOLUTION OF A LIMITED LIABILITY COMPANY - A WAY OF ABUSING THE LAW?
Perspectives of Law and Public Administration
voluntary dissolution
breach of law
law enforcement
liquidation
author_facet Andreea Stoican
author_sort Andreea Stoican
title THE VOLUNTARY DISSOLUTION OF A LIMITED LIABILITY COMPANY - A WAY OF ABUSING THE LAW?
title_short THE VOLUNTARY DISSOLUTION OF A LIMITED LIABILITY COMPANY - A WAY OF ABUSING THE LAW?
title_full THE VOLUNTARY DISSOLUTION OF A LIMITED LIABILITY COMPANY - A WAY OF ABUSING THE LAW?
title_fullStr THE VOLUNTARY DISSOLUTION OF A LIMITED LIABILITY COMPANY - A WAY OF ABUSING THE LAW?
title_full_unstemmed THE VOLUNTARY DISSOLUTION OF A LIMITED LIABILITY COMPANY - A WAY OF ABUSING THE LAW?
title_sort voluntary dissolution of a limited liability company - a way of abusing the law?
publisher ADJURIS – International Academic Publisher
series Perspectives of Law and Public Administration
issn 2601-7830
publishDate 2020-05-01
description Law 31/1990 on companies provides a series of cases that lead to the dissolution of a company either by the will of the associates, either by the decision of the court of law, either by law. As such, even though the cases in which the dissolution can operate by law - therefore imposed by the legal provisions - or through the decision of the court are clearly stated, not the same can be said for the dissolution of a company intervened by the decision of the partners. Due to a more general definition that the legislator gave to this legal means, it created, without anticipating at the moment of the drafting of the legal text, a method for the associates to breach certain legal provisions regarding the rights of their creditors. Therefore, the current study aims to draw the attention on a frequent practice operated by more and more merchants in their trade activity which leads to an impossibility for their creditors to have their debts recovered.
topic voluntary dissolution
breach of law
law enforcement
liquidation
url http://adjuris.ro/revista/articole/an9nr1/8.%20Andreea%20Stoican.pdf
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