Nulitatea hotărârii adunării generale (I)

Dr. Sebastian BODU, MBA

Academia de Studii Economice

ABSTRACT

This article aproaches the issue of the nullity of the decision of the general meeting of shareholders of a company, aiming to realize a detailed view over a topic that raise, despite the fact that it should not, erroneous interpretations that endanger the very stability of the juridical relations. The main problems are: the shareholders legal capacity in case of assigning the shares after the ex rights date, the legal capacity of the shareholders with called payments, the legal capacity of the shareholders who voted "in favour" to introduce the action in absolute nullity, the legal interest of the shareholders surrenderred to the social, colective, interest ("social action"), the legal individual interest in the action of absolute nullity, (the lack of) legal capacity of other persons than the shareholders, like those in charge with carring them out but not to challange them, the type...