Juridical Tribune Volume 6, Special Issue, October 2016
company, have a certain resonance, as they are carried out by foreign investors.
They confirm the favourable undertaking of positioning foreign investments in the
host state, which is a factor that generates the economic dynamics of the state.
2. Objectives and methodology of study
The notion of social capital is inherent in both sociology and economy.
From a sociological perspective social capital is defined as the sum of the
resources, actual or virtual, that accrue to an individual or a group by virtue of
possessing a durable network of more or less institutionalized relationships of
mutual acquaintance and recognition
From an economic perspective the existence of share capital is specific to
companies having legal personality, regulated by Law 31 of 1990 on trading
hereinafter called the Law, which are: general partnership, limited
partnership, limited partnership by shares, limited liability company, joint-stock
company, and also certain categories of professionals legal persons such as
cooperative company, cooperative organizations and European cooperative
For the legal personality companies regulated by the Law, the share capital
is the parametric value of the sum of contributions, irrespective of the of the means
by which they were materialized – financial contribution, contribution in kind, in
receivables, in industry, contributions through which associates/shareholders
participate to the set-up of the company.
in order to reveal the precariousness of the concept of social
capital makes reference to the prerogative of administrating a company,
considering that "this is everything, as this is the point where decisions are made
and put into practice. The more financial means the company possesses, the more
consolidated is the power of the administrators to decide the faith of the company."
In another doctrinary reflection
, the share capital is the one which reveals
the extent of the risks taken by the associates because to this extent – of the share
capital, the shareholders are liable for the obligations of the company.
Bourdieu, P. and Wacquant, J., 2001, Zaproszenie do socjologii refleksyjnej [An Invitation to
Reflexive Sociology], Warszawa: Oficyna Naukowa, p p. 104–105 apud Katarzyna Zajda, Problems
of functioning of Polish local action groups from the perspective of the social capital concept ,
“Eastern Eu ropean Countryside”, vol. 20, issue 1, 2014, p. 77. For other similar definitions, see
Katarzyna Zajda, op. cit., pp. 77-81.
Law 31 of 1990 on trading companies, published in the Official Gazette no.126 of 17.11.1990,
consolidated version of 01.02.2014.
an exegesis on the concept of share capital is rendered in Ion Turcu, Tratat teoretic si practic de
drept comercial, vol.I, Bucharest: CH Beck, 2008, pp. 356-360, and the roles and judicial regime
of the share capital can be foun d in Vasile Patulea, Finantarea societatilor comerciale, vol. I,
Resursele proprii.Capitalul social, Bucharest: Hamangiu, 2009, pp. 52-60.
Ion Turcu, op.cit, p. 356.
Stanciu D. Carpenaru, Gheorghe Piperea, Sorin David, Legea societăţilor comerciale. Comentariu
pe articole, ed.5, Bucharest: C.H.Beck, 2014, pp. 124-125.