Sancţiunea nulităţii în aplicarea dispoziţiilor art. 215 din Codul civil român
Sanction of Nullity in Application of the Provisions of Article 215 of the Romanian Civil Code

Summary/Abstract: The provisions of the Civil Code and those of the special legislation enshrine the obligation of the members of the administrative bodies to fulfil their obligations deriving from the mandate offered, with the prudence and diligence of a good owner. This obligation becomes a principle of how to carry out management operations, which will take into account only the interest of the legal person. However, the legislator also takes into account the situation in which a person, a member of the administrative bodies, would disregard the interest of the legal person in favor of the personal interest he had in a certain operation. In addition to the personal sanction applied to the administrator, we consider that the reason for the sanction that will apply to the act concluded with the non-observance of the legal provisions that impose the mentioned obligations must also be analyzed. We will find in this situation a case of relative nullity of the legal act concluded by the member of the management bodies acting on behalf of the company but in consideration of a contrary selfinterest.

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