COMPANY LAW NULLITY - AN APPROPRIATE MODEL FOR THE NEW CIVIL CODE?

Abstract

Nullity is one of the most important civil law institutions. It is not our goal here to make an exhaustive analysis of the issues related to the civil or company nullity institution. Tackling such a topic on only a few pages would only be uninteresting and superficial, since either of the two deserves to be dealt with in monographic studies.
We will focus instead on the intention of the Romanian law-maker to include the special concept of company law nullity (more precisely trade company nullity) in common law, that is in the New Civil Code1, and we will only examine nullity with a view to achieving our goal.