Luca Della Tommasina

Shareholder’s Investment and Final Judgments

  • Abstract

Informations and abstract

Keywords: Partnerships, Final Judgments, Impact on Partners, Limited Liability Companies, Exceptio Litis Malae Gestae, Companies’ Representation, Ultra Vires, Joint and Several Liability.

The essay deals with final judgments involving claims against a partnership and takes into account their impact on partners who have not been sued by the creditor. Then it analyses the same problem from the perspective of limited liability companies and also single-member corporations. The aim is to prove the fallacy of Italian case law, especially where it does not allow any objection by the shareholder although the company representative has adopted a defective line of defense in the trial against the creditor. In this context the essay explores the general legal framework of joint and several liability – with regard to the effects of final judgments – and the special liability of shareholders for the debts of a lawyers’ partnership.

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