Fraudulent management. The impact of joint property between spouses on the existence of the offense Cover Image

Gestiunea frauduloasă. Impactul comunității de bunuri între soți asupra existenței infracțiuni
Fraudulent management. The impact of joint property between spouses on the existence of the offense

Author(s): Valerian Cioclei
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Facultatea de Drept, Universitatea din București
Keywords: fraudulent management; legal relationship of preservation or administration; jointly owned property; parallel management mechanism; shareholder spouse; transfer of shares; actual damage;

Summary/Abstract: The main objective of this study is to determine whether, under the regime of community assets, a husband can be considered the active subject of the offense of fraudulent management to the detriment of his wife, and whether the legal relationship established between the spouses is capable of generating the prerequisite situation for the aforementioned offense. Additionally, the study will examine the extent to which actions undertaken by the husband, in his capacity as shareholder in a limited liability company, can fulfil the objective element of the offense of fraudulent management.

  • Issue Year: 2025
  • Issue No: 2
  • Page Range: 39-43
  • Page Count: 5
  • Language: Romanian
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