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HCCJ. Joint and several liability of company administrators

The High Court of Cassation and Justice decided that, in accordance with art. 73 para. (1) e) of Law no. 31/1990, directors are jointly and severally liable to the company for the strict fulfillment of their duties under the law and the articles of incorporation. In this case, the applicant, a commercial company, sued the administrator to whom management powers of the company have been delegated and for who was established in the settlement of the civil side of the criminal trial, the responsibility towards society, based on art. 1551 in Law no. 31/1990 and the administrator concerned called in warranty the other members of the Administration Board. The High Court held that, in this case, the analysis of the criminal court not being extended to the provisions of art. 73 para. (1) e) of Law no. 31/1990, legal solidarity administrators can not be removed by the application of res judicata in the criminal judgment, solving a claim of calling under warranty not being governed by the provisions of art. 22 of Criminal Procedure Code. (Decision no. 1187 of 26 March 2014 rendered in appeal by the Second Civil Division of The High Court of Cassation and Justice, covering compensation)

:: The source: JURIDICE.ro

Anda Laura TĂNASE

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