Abstract

The analysis covers assessment of civil liability in the process of consolidation, division and transformation of a company in light of constitutional requirements, including a number of critical remarks thereof and presenting a polemic with the doctrine as regards interpretation of Art. 512, 513, 526, 548, 549 and 568 of the Commercial Companies Code. The article discusses the genesis, character, subjective and objective scope of the said regulation, its relation to the general provisions on civil liability and puts forward an interpretation that removes constitutional doubts. In particular, the relevant application of the actio pro socio normative regulations to a shareholder’s action under Art. 512 § 1 and 548 § 1 of the Commercial Companies Code has been questioned. Incidentally, the significance of the said regulation as an argument in the discussion on admissibility of redress for a shareholder’s loss consisting in the reduced value of shares as a result of damage inflicted on the company has been referred to.