Autor: Cristina TICU JIANU

Publicat în: Revista Română de Executare Silită nr. 1/2015

Revistă disponibilă: aici.

Titlul lucrării în engleză: Enforcement of shares. A new method of the claims recovery introduced by the new Code of civil procedure

Abstract: We appreciate that the dilemma debated in the judicial doctrine published after the publication of the new Code of civil procedure (2013) finds its resolution in the provisions of the Book V, “About enforcement” of the new Code of civil procedure, which allow the enforcement of shares no matter whether they are owned by a limited liability company (SRL) with sole shareholder or with several shareholders. Besides the abovementioned statements, we consider that the provisions of art. 622 of the NCCP, as well as those of art. 66 of Law no. 31/1990 must be read in conjunction with the provisions of art. 727, art. 728, art. 729 of the NCCP, showing that the shares belong neither to the category of assets which cannot be kept track of, nor to those which may be restrictively kept track of. At the same time, the phrase set forth by paragraph (3) of art. 757 of the NCCP, “The sale of shares to companies of the closed type and of shares shall be performed (…) by a bailiff (…), if the law does not set forth a special system regarding their circulation” (s.n., C.T.J.), shall be interpreted as meaning that the sale shall not be carried out by the bailiff by means of a tendering procedure if there are markets regulated for such sale, such as, for instance, the capital market.

Keywords: shares; sale by means of tendering procedure; company equity.