Considerations concerning the Nullity of Companies

Within the new Civil Code, the current legislator introduces an express legal regulation of the nullity of companies, trying and in some occasions succeeding to clarify legislatively certain issues which had remained unaddressed by the previous regulation, including by Law no. 31/1990 republished. Equally, articles 196-199 of Civil Code regulate distinctly the nullity of the legal person. In this context, since the legislator chooses to maintain the special legal regulation in relation to certain categories of companies, an analysis of the legal provisions on the nullity of companies, emphasizing the necessary correlations between the general and special regulation, appears as extremely useful both theoretically and practically.