The capacity of the administrator. Obligations. Liability. Common provisions for both unitary and dual systems
Vol. 9, Nr. 4/2010 , p619..628
Author(s):
Camelia Florentina STOICA
Silvia CRISTEA
Keywords:
Law, obligations, companies, dual system
Abstract:
The will of every trading company is expressed by the general assembly, but it is performed by the enforcement bodies that realize the administration of the company. According to the republished Law no. 31/1990, a trading company, no matter its juridical form, can be administrated by one or more administrators. The plurality of administrators is not institutionalized in the case of personal companies and in the case of limited liability companies, and in the case of capital companies is organized as plural bodies: board of directors or supervisory board. Legal and scientific approach follows the submission of obligations liability managers in unitary and dual system. The authors compare the two systems of companies. The director presents new concept that replaces the steering committee which was rigid body in making decision purely analytically in present separation of function between non-executive administrators and executive-director.
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