Considerations Regarding the Cases of Nullity of Fusion. Nullity for Majority Abuse. Aspects of Comparative Law
Considerations Regarding the Cases of Nullity of Fusion. Nullity for Majority Abuse. Aspects of Comparative Law

Author(s): Viorel Bănulescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: merger nullity; company nullity; abuse of law; abuse of majority;
Summary/Abstract: In this article we will present the nullity causes that occur in the merger of commercial companies. In the first part we will enumerate some definitions of the concept of nullity of the merger (section 1), then we will analyze two nullity causes, to distinguish the nullity of the merger from the nullity of the company (section 2). In section 3 we will analyze the concept of majority abuse as a variety of abuse of the law by proposing, de lege ferenda, the incorporation of this situation among the causes of the nullity of the merger (section conclusions).

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