10. Action for winding up of a company, based on the provisions of art. 227 and art. 237 of the Law no. 31/1990. Remedy at law against the delivered judgment Cover Image
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10. Acțiune în dizolvarea societății, întemeiată pe dispozițiile art. 227 și art. 237 din Legea nr. 31/1990. Calea de atac împotriva hotărârii pronunțate
10. Action for winding up of a company, based on the provisions of art. 227 and art. 237 of the Law no. 31/1990. Remedy at law against the delivered judgment

Author(s): Nicoleta Țăndăreanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: remedies at law; appeal vs. second appeal; jurisdictional interpretation;

Summary/Abstract: Against the decision under which the court ruled on the application for winding up of the company on one of the grounds set out in art. 237 of the Law no. 31/1990, the remedy of the second appeal may be exercised. Against the decision under which the court ruled on the application for winding up of the company on one of the grounds for winding up set out in art. 227 of the Law no. 31/1990, the remedy of the appeal may be exercised, since the special law does not provide the remedy at law expressly, according to the provisions of art. 282 para. (1) of the Code of Civil Procedure. When the grounds for winding up raised are provided by both texts, considering the more favorable nature of the provisions of art. 282 para. (1) of the Code of Civil Procedure, the enforcement of these provisions and of the cases of winding up provided by art. 237 of the Law no. 31/1990 is correct, as the appeal is unique.

  • Issue Year: 2014
  • Issue No: 01
  • Page Range: 63-68
  • Page Count: 6
  • Language: Romanian
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