The legal status of the llc administrator in national and European Law: from the mandate to the function of a body of the legal entity

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Authors: Ina Bostan
Cited by: 0

Abstract

The limited liability company is a distinct subject of law, endowed with legal personality. Having no biological will of its own, it manifests itself in the civil circuit through its bodies - the supreme decision-making body and the executive body. In order to understand the legal mechanism of expressing the will of the company through the administrator, it is necessary to analyze the legal nature of the relationship between them, an essential and controversial issue in corporate law. Thus, the purpose of the research is to clarify the legal nature of the quality of LLC administrator, by delimiting between the commercial mandate and the function of a body of the legal entity, in the light of European doctrine, case law, and regulations. The main objectives of this study are: to analyze the evolution of the concept of administrator; to determine the legal nature of the relationship in local law; to examine the European practice and legislation regarding its powers and responsibilities; to delimit the legal representation from the manifestation of the will of the executive body; to identify the legislative gaps and to formulate lege ferenda proposals for a clear and harmonized regulation of the legal status of the administrator of the LLC.

Fields of Study & Subjects

Corporate Governance and Law Legal Cases and Commentary Business Law and Ethics

Publication details

Journal / source
Competitiveness and Sustainable Development
Pages
188–197
Publication date
1 January 2026
Language
EN