CONTROVERSE PRIVIND REVOCAREA ADMINISTRATORULUI SOCIETÃȚII COMERCIALE ȘI LIMITELE CONTROLULUI JUDECÃTORESC ASUPRA ACESTEI MÃSURI

The present article focuses on the legal liability, having as main character the company administrator and presenting an overview of the the sanction specific to the administrator non-patrimonial liability:the administrator revoking. Concomitantly, the problems occurring in the legal practice are also taken into consideration: decision-making competence and the juridical control of the revoking decision. Due to the intuitu personae character of the mandate, the revoking of the company administrator, even when abusive, is final. So, in practice it was stated that the mandate, even arbitrary withdraw, can not be held in justice against the principle‘s will, the only right the proxy has is the claim damages, but not reintegration, as the trust representing the graunds for the mandate can not be imposed. Also, an administrator can not reguest reintegration but, if abuses were committed, by withdrawing the mandate, the administrator has damage claim. In the situation in which the administrators have been appointed by the article of incorporation, their dismissal presupposes its amendament. That is why, the court can not order the administrator‘revoking, as it would mean the modification of the articles of incorporation. In the condition in which the administrator acquired this quality by the company‘s articles of incorporation, his dismissal does not only have the character of an revokingl but it also represents an amendament of the articles of incorporation. The article also includes a detailed analysis of the opinions expressed in the speciality literature and the solutions in the legal practice for the administrator revoking problem.