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 timely...

Considering the legal provisions regarding the unilateral termination of contracts enshrined in the new Romanian Civil Code, we want to bring to attention the issue of the impact they generate on the mandate and agency contracts. The right of the parties to the mandate and agency contracts to terminate the agreement unilaterally has its legal basis primarily in the special legal provisions incidental to these contracts (art. 2030-2034, 2036-20...

Art. 2030 paragraph (2) of the Romanian Civil Code, meant to confer greater protection to the parties of the agency contract, in the specific cases set by the legislator, does not require the continuation of the contract against the will of one of the contracting parties / of their heirs’, but merely the possibility to claim damages in order to repair the damages caused by the unilateral denunciation of the contract.

The issue regarding the effects arising from the termination of the administrator’s mandate has received different answers in the business practices and, in particular, in the case law, which requires doctrinal clarifications.Our purpose hereby is essentially to determine whether, following the termination of their mandate, the administrator – representative of a company – keeps or not such capacity given that the company has not appoint...

The General meeting of shareholders is one of the most important events in the life of a joint-stock company, during which the most important decisions for the functioning of the company are taken. These decisions represent the collective will expressed by the vote of shareholders given directly, by mail or through a proxy. ...