Nulități absolute versus nulități relative referitoare la hotărârile Adunării Generale a Acționarilor
The absolute nullity vs. relative nullity regarding the decisions of the General Meeting of Shareholders

Summary/Abstract: Absolute nullities and relative nullities affect the will of the company in relation to the company itself, which is the quintessence of the expression of the shareholders' decision. Thus, the causes of absolute nullity and relative one are dissected separately, depending on the time at which they occur, according to the clear and concrete legislative criteria that the relevant legislation has made available to justify the causes lead to their nullity and void ability. The value of the decisions of the general assemblies is greater since it represents the deliberative supreme forum and essentially has a presumption that can be overthrown by proving its non-statutory and / or illegal character. Therefore, the specificity of the article is to detail the implications in the judicial practice of the causes that converge to the absolute and / or relative nullity of the decisions of the General Meeting of the Shareholders / associates, as well as the special nullities that affect the social will.

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