6. Vânzare-cumpărare în baza unei hotărâri AGA. Nulitatea absolută a hotărârii AGA. Consecințe. Securitatea raporturilor juridice
6. Sale-purchase under a resolution of the General Meeting of Shareholders. Absolute nullity of the resolution of the General Meeting of Shareholders. Consequences. Safety in legal relationships

Summary/Abstract: The fact that the resolution of the General Meeting of Shareholders which was the basis of the conclusion of a sale-purchase agreement was found to be absolutely null, cannot produce any legal consequences as regards the fulfilment of the validity requirements of the agreement, since such a legal instrument may be sanctioned by nullity only for grounds of substantive and formal issues upon its conclusion. Consequently, in case of conclusion of a sale-purchase agreement a long time before the decision to annul the resolution of the General Meeting of Shareholders became irrevocable, according to which the instrument had been concluded, the effects of declaring the absolute nullity of the resolution of the General Meeting of Shareholders cannot be extended upon the verification of the validity conditions of the agreement, since these validity conditions were fulfilled upon its conclusion.

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