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The term “fraud to the detriment of the society”

The High Court of Cassation and Justice has ruled that the penalty of exclusion from the limited liability company of the associate administrator who commits fraud to the detriment of society, provided by art. 222 Section  d) of Law no. 31/1990, can be applied only to fraudulent actions or lack of actions that cause intentional damage society. The High Court pointed out that the wording of the text and the nature of the offenses punishable pointing out the intention is the subjective element, the author of tort actions seeking or expecting a favourable outcome out of the tortious activity. In this case, the High Court held that the intent was not proven with regards to committing acts which relied on fraud, negligence and inability in the business field. This could not be considered fraud, as long as the missing element allowing volitional facts as acts of deception. (Decision no. 320 of 1 February 2008 in appeal at the Commercial Division of the High Court of Cassation and Justice covering the exclusion of an associate administrator)

:: The source:  JURIDICE.ro

Dan Alexandru NEGRU

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