Societatea neregulat constituită în configurarea Noului Cod civil şi a Legii societăţilor nr. 31/1990

dr. IOLANDA-ELENA CADARIU-LUNGU*

* e-mail: iolandacadariu@yahoo.com

Lector univ. - Facultatea de Drept, Universitatea "Petre Andrei", Iaşi

Avocat, Baroul Iaşi

ABSTRACT

The Romanian Civil Code of 2009 has taken over derogatory rules with regard to the nullity of company from the matter of companies with legal personality regulated by the Law No 31/1990, as well as from the European regulations in the field. In this way, the principle of safeguarding the company has acquired a general application in the matter of all companies, regardless of their type. The exceptional rules, which were initially applied only to the companies regulated by the Law No 31/1990, outlining the idea of an atypical nullity, have been thus transferred to the Civil Code, becoming general rules applicable to all private law companies.

Keywords: new Civil Code; Law on companies; company; irregularly established company;...