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The Mechanism Of Opposition Against The Assignment Of Company Shares Within The Limited Liability Company Regulation And Case Law Perspectives

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  • Angela Miff
  • Rodica-Diana Apan

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.

Suggested Citation

  • 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.
    • Handle: RePEc:dcu:journl:v:10:y:2016:i:2:p:141-149
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    References listed on IDEAS

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    1. 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.
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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.

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    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.

    More about this item

    Keywords

    Assignment; shares; opposition; creditors; injured persons;
    All these keywords.

    JEL classification:

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

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