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Request to exclude the associate in a joint venture contract

The High Court of Cassation and Justice has decided that, when the joint venture agreement involves a company without legal personality, within the legal basis of art. 251 et seq. Commercial Code (art. 1949 et seq. In NCC), the associate in a joint venture cannot be confused with an associate in a private limited company. Therefore, if the joint venture may not be willing to exclusion associate, under art. 222 para. (1). a) of Law no. 31/1990, this legal text referring to the articles of association, which has no relation to the joint venture. (Decision no. 132 of 13 January 2011 in appeal by the Commercial Division of the High Court of Cassation and Justice on the topic of excluding the associate)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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