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universul juridic magazin
Revista Română de Drept Privat

Leonine clause

This article analyses societas leonina, where the articles of association of a company includes a clause based on which one party does not participate or participate in a conspicuously way in sharing the loss, comparing to his or her stake in the company. Before debating the nature of societas leonina, the article defines the concept of loss, in order to differentiate it from other accounting terms with whom it may be mistaken, like debt or expenditure. Further there are presented specific examples of societas leonina, as they occur in corporate law practice, due to the fact that such issue is dissimulated in most of the cases.