Facts on the liability of commercial units? european managers

• Author: Viorina Maria Judeu
• Position: AGORA University, Oradea
• Pages: 135-138

FACTS ON THE LIABILITY OF COMMERCIAL UNITS’ EUROPEAN

MANAGERS

Assist. Candidate to Ph.D. Viorina Maria Judeu

AGORA University, Oradea

viorina@univagora.ro

Abstract: Civil liability (contractual or tort) company manager may be committed, in

principle, against third parties as the Law 31/1990 on trading companies limited liability actions

against directors of social creditors only if the company bankruptcy, which means that where the

company operates under normal conditions, creditors can sue for recovery of their rights only the

trading company debt payment. It is that managers, as organs of society, engage directly committed

acts or legal acts society. Responsibility manager in each of the three forms, is a direct, this means

to act on its own. The legal acts carried out as agent of the company, the manager undertakes civil

liability (contractual or tort) of the Company in legal relationships with third parties. So the rule is

that the administrator, whether individual or company is not responsible to third parties.

Key words: Civil liability, commercial units’ responsibility, liability management, legal

relationships, legal liability.

Legal liability is a set of legal rules report formed between the author of the infringement of

legal rules and state agencies represented by an authority, which may be the courts, state officials or

other servants of public power.

The content of the legal relationship is complex, but basically consists of: state law, as

representative of the company to apply the sanctions provided for legal persons who violate rules

and laws that persons subject to legal sanctions, to restore the rule of law.

The forms of liability: in the area of each branch of law were outlined specific forms of legal

liability:

- Criminal liability - is subject to the criminal liability for breaking of the law

- Civil liability - classified in civil law:

. Civil crime liability: this liability has the content required to repair the damage

caused civilian of crime. It says a civil penalty of the obligation to repair the damage caused by

wrongful act, without dictating the same time and a penalty. For example, the wrongful act causing

injury may constitute both a crime and without the combination of the two penalties to lead to the

loss of their individuality or to change the legal nature of each of the penalties.

. Contractual liability: liability to have a special character, depart. Unlike civil crime

liability the obligation breached is a general legal obligation that is all (to not damage the rights of

others by illegal acts), for contractual liability, obligation breached is a specific requirement,

established by an existing contract, valid between the harm and breached its contractual obligations.

- Liability offense - is drawn for committing a contravention. Offense is an act which

endangers social lower than the offense, which is explicitly provided by law or other legislation and

is committed to guilt. The legal regime of contraventions is linked and the activity of the

government as the organization of imposing and enforcing laws and other laws require the existence

of sanctions they can impose and enforce these organs of executive government in their work.

Liability offense should not be confused with administrative responsibility, the penalties for

contravention applies both to public authorities and the courts.

- Liability of material - is the obligation to compensate any employee within the limits

prescribed by law and caused damage to the unit of fault in connection with his work. Material

liability is an institution's own labour law.

- Disciplinary responsibility - consists of a set of legal rules, punish acts of infringement

relating to guilt by any person falling, regardless of position or place it occupies, the obligations