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Theoretical and Practical Aspects Regarding the Nulity of Commercial Companies

Author

Listed:
  • Cornelia Lefter

    (The Bucharest Academy of Economic Studies)

  • Ovidiu Ioan Dumitru

    (The Bucharest Academy of Economic Studies)

Abstract

The absence of a Romanian legal definition of the concept of nullity of commercial companies arouses a lot of questions. The delimitation of this concept is very important for a correct establishment of its field of application. In other words, are the cases of nullity of commercial companies regulated only by Law no. 31/1990 or by the provisions of common law as well? Started from the fact that the nullity is not considered by the legislator a simple sanction applicable to the juridical acts but it affects directly the existence of the company and becomes a means to sanction the creation of a legal person by disregarding the imperative legal provisions, we analyzed firstly the Romanian (II) and the EU legal provisions regarding the nullity of commercial companies. The elements of this analyze helped us to qualify the nullity of commercial companies and its effect (III). Finally, through the conclusion formulated we hope to call the attention on the fact that a company, even created through the non-observance of the legal rules, can be viable from economic point of view and it is senseless to make it disappearance.

Suggested Citation

  • Cornelia Lefter & Ovidiu Ioan Dumitru, 2009. "Theoretical and Practical Aspects Regarding the Nulity of Commercial Companies," Theoretical and Applied Economics, Asociatia Generala a Economistilor din Romania - AGER, vol. 11(11(540)), pages 33-40, November.
    • Handle: RePEc:agr:journl:v:11(540):y:2009:i:11(540):p:33-40
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    Cited by:

    1. repec:thr:techub:1009:y:2020:i:1:p:211-216 is not listed on IDEAS
    2. Anca POPESCU-CRUCERU & Eugenia Gabriela LEUCIUC & Viorel BANULESCU, 2012. "Economic operators' security through harmonization between national and European law - the first directive," Anale. Seria Stiinte Economice. Timisoara, Faculty of Economics, Tibiscus University in Timisoara, vol. 0, pages 223-229, May.
    3. Andreea Stoican, 2020. "The right to dividends - Can the associates still obtain them in case of the judicial dissolution of the company?," Technium Social Sciences Journal, Technium Science, vol. 9(1), pages 211-216, July.
    4. Roxana Maria Chirieac, 2020. "The future of cross border mergers in the light of the new European Union provisions. Their implementation in Romania," Juridical Tribune (Tribuna Juridica), Bucharest Academy of Economic Studies, Law Department, vol. 10(2), pages 279-288, June.
    5. Stoican Andreea, 2020. "Practical Aspects Regarding the Dissolution of a Company by Declaring the Company Null and Void," Proceedings of the International Conference on Business Excellence, Sciendo, vol. 14(1), pages 1211-1216, July.

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