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Considerations on nullity in case of companies under Romanian law

Cristina Cojocaru ()
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Cristina Cojocaru: Department of Law, Bucharest University of Economic Studies

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 2, 45-51

Abstract: The company acquires legal personality after a series of formalities required by law are fulfilled, formalities that concern the constituent acts on which it is based. For this reason, it is very important to know the legal status of the company's constitutive acts and the consequences of their irregularities. Hence, both the essential conditions and the form of the company’s constitutive acts are analyzed based on the legal provisions. It is also necessary to distinguish between the nullity resulting from the unlawful drafting of these constitutive acts and the nullity of society as such. Therefore, this paper is focused on these differences, as well as on certain practical issues about nullity starting from a recent court decision handed down by the Romanian Supreme Court.

Keywords: Romanian law; company; companies’ law; nullity. (search for similar items in EconPapers)
JEL-codes: K22 (search for similar items in EconPapers)
Date: 2017
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Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:45-51