НАЛИЦЕ ЛИ Е ДОГОВАРЯНЕ САМ СЪС СЕБЕ СИ ПРИ СКЛЮЧВАНЕ НА СДЕЛКА МЕЖДУ ТЪРГОВСКО ДРУЖЕСТВО ЧРЕЗ ОРГАННИЯ МУ ПРЕДСТАВИТЕЛ – НАСРЕЩНА СТРАНА ПО СДЕЛКАТА?
SHALL A CONTRACT, CONCLUDED BY A COMPANY AND A NATURAL PERSON, WHO IS THE REPRESENTATIVE ORGAN OF THE COMPANY, BE CONSIDERED A SELF-DEALING TRANSACTION?

Summary/Abstract: Self-dealing may take place in the representation, established by a power of attorney, in the representation, carried out by the management organ of a company, and in the guardianship of wards. Art. 38, para. 1 of the Obligations and Contracts Act, regulating self-dealing, is not a general rule, applicable to all three types of representation. It is a provision, applicable only to the representation, established by a power of attorney. Hence, there cannot be made a conclusion that self-dealing is generally forbidden, except if it is explicitly allowed. There is no general ban for self-dealing in the representation, carried out by the management organ of a company, and in the guardianship of wards.

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