المسؤولية المدنية للمسير عن عدم كفاية أصول الشركة

الملخص EN

The wrong behavior on the part of the administrator may be a reason for the legal person to lose his financial or economic balance, or for him to stop paying his debts, and he is ruled bankrupt.

on this basis the administrator's responsibility for insufficient assets, when he contributed to this by mistake, is considered a way to protect the interests of commercial enterprises and a guarantee for the rights of their creditors.

the realization of the administrator's responsibility entails obliging him to pay the deficit in the assets as a financial penalty, in addition to his being subject to bankruptcy or judicial settlement according to the legal person's submission to it, despite the fact that the conditions required for that are not met, and some legislations have decided to prevent him from practicing management or business activities, commercial term to be decided by the court.