Browsing by Author "Triboi, Mihai"
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Item ANALIZA OBLIGAȚIEI DE COMPETENȚĂ ȘI DILIGENȚĂ A ADMINISTRATORULUI PERSOANEI JURIDICE(CEP USM, 2020) Triboi, MihaiThe decision-making process involves taking risks, or the consequences of each decision are not always clear at the time of the decision-making act. In business, the most responsible for taking business risks is the executive office, because it plays a key role in corporate management. Therefore, the directors of legal entities must act in the way they consider, in good faith, to be the best way to achieve the legal interests of the company and must exercise the utmost care and diligence required from a good director in similar circumstances.Item Răspunderea subsidiară a membrilor organelor de conducere în procedura de insolvabilitate(CEP USM, 2024) Triboi, MihaiThroughout history, companies have been key for investment and economic growth, ena- bled by the corporate veil—a legal separation shielding shareholders. Criticized for potential shareholder and directors abuse, especially in insolvency, mechanisms like Moldova’s subsidiary liability exist. However, caution is needed in invoking it, as not every managerial decision causing insolvency justifies subsidiary liability. Ensuring economic regulation, specific insolvency rules are essential to identify and remedy abuses of separate legal personality, benefiting aggrieved creditors.