7. Prescripție extinctivă. Întreruperea termenului prin recunoașterea creanței. Condiții și efecte
7. Extinctive prescription. Interruption of the term by acknowledging the receivable. Terms and effects
Author(s): Cosmin Horia MihăianuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: debt acknowledgement act; corporate will representation; lack of authority of accounting staff;
Summary/Abstract: A debt acknowledgement act, which produces legal effects, must be issued by the statutory administrator, as it holds the authority to express the will of the company, and not by a representative thereof. The material act through which the figures identified in the company’s trade register by a person within the accounting department, who does not hold the right to manifest the corporate will, is not regarded as a debt acknowledgement act, unless there is an express power of attorney to such end, and, as such, art. 16 of the Decree no. 167/1958 does not apply in this situation, and the prescription term shall not be regarded as interrupted.
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2015
- Issue No: 01
- Page Range: 45-49
- Page Count: 5
- Language: Romanian
- Content File-PDF
