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The Efficiency Of The Regulation And Case Law Approaches To The Assignment Within The Limited Liability Company

Author

Listed:
  • Rodica Diana Apan
  • Angela Miff

Abstract

The study aims to bring into public attention the issue of the assignment of debt transposed into the matter of assignment of shares within the limited liability company and its consequences, through a dual theoretical – regulatory approach, from the perspective of common law regulations on the one hand, and from the perspective of reglementation through the special regulation in the matter, on the other hand, complemented by the case law perspective on the assignment of shares within the limitedliability company, but also a brief reflection of the procedural remedy of opposition in case law.

Suggested Citation

  • Rodica Diana Apan & Angela Miff, 2016. "The Efficiency Of The Regulation And Case Law Approaches To The Assignment Within The Limited Liability Company," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(1), pages 109-125, June.
  • Handle: RePEc:dcu:journl:v:10:y:2016:i:1:p:109-125
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    Citations

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    Cited by:

    1. Rodica Diana APAN & Angela MIFF, 2016. "Outlooks On The Judicial Remedies For The Fraudulent Assignment Of Company Shares In The Limited Liability Company;Legal And Case-Law Landmarks," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 66, pages 84-97, September.
    2. Angela Miff & Rodica-Diana Apan, 2016. "The Mechanism Of Opposition Against The Assignment Of Company Shares Within The Limited Liability Company Regulation And Case Law Perspectives," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 10(2), pages 141-149, June.

    More about this item

    Keywords

    debt; assignment; registered shares; promissory note; bearer share; company creditor; opposition;
    All these keywords.

    JEL classification:

    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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