Nulitatea persoanei juridice. Legea aplicabilă societăţilor. Cazurile de nulitate şi limitele efectului retroactiv al declaraţiei de nulitate

Nullity of the legal person. Law applicable to companies. Cases of invalidity and limits to the retroactive effect of a declaration of invalidity

Abstract

Although the court of first instance correctly held that the action for a declaration of nullity of the company pursuant to the provisions of Articles 948, 966-960 of the Civil Code of 1864 is unfounded since the nullity of a company can only occur under the conditions laid down by the special provisions of Law No 31/1990, the court of appeal concluded that, pursuant to Article 480(1) Civil Procedure Code, in conjunction with Art. 966-968C. civ. of 1864 and Art. 56 letter c) of Law no. 31/1990, the action is well-founded, thus declaring the absolute nullity of the company's articles of incorporation and the absolute nullity of the company itself.

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