Lipsa capacităţii de folosinţă decurgând din încălcarea principiului specialităţii capacităţii de folosinţă a persoanei juridice fără scop lucrativ. Distincţii

Lack of capacity for use resulting from violation of the principle of special capacity for use of the non-profit legal person. Distinctions

Abstract

In the present case, the defendant invoked the plea of incapacity of the applicant to conclude legal acts of credit on the grounds that the applicant's object of activity is strictly determined by the provisions of Law No 122/1996, which do not allow it to carry out credit activities on a professional basis, which is why it does not bear the title of non-banking financial institution and is not authorised by NBR to carry out lending activities; consequently, the defendant claimed that the applicant had concluded the loan agreement in breach of the principle of speciality of its capacity to use and, therefore, it was absolutely void.

The distinction between carrying out lending activity...