Hacker-ii societari și combaterea lor prin prezumţii judiciare. Un micro-studiu despre frauda societară prin antedatare de documente
Numărul 6 Anul 2021
The article discusses how civil courts deal with the fraud by backdating documents by a former representative of the company together with a third party. The specificity of this kind of fraud is that it puts at work some legal presumptions (the presumption that the date on the document is the correct one, the presumption that the agreement has a lawful cause) to create advantages for the fraudsters. When situations of this kind are not...
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Modalități și motivații ale tehnicii “piercing the corporate veil”
Numărul 11 Anul 2015
Lately, the Romanian legal authors discuss quite a lot about the legal technique by which the assett partition realized by means of creating a separate legal person is canceled. Recent legislation has been issued containing explicit general norms to this effect. But beyond the single label ”piercing the corporate veil”, American and European case-law established several modalities of this technique, each one adapted to a different objec...
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