الاعتراف الفعلي بالشركة الباطلة حماية للغير و استقرار للمراكز القانونية

الملخص EN

A company needs, for its establishment, general, objective and other special terms.

Therefore, itis subject to the theory of invalidity like other contracts.

Thetheory applies to it in the absolute and relativetypes of invalidity.

Theeffect of invaliditytakes the form ofnullity from the time the contract originated, not fromwhen its invalidity was discovered.

Applyingthe invalidityeffectleads to losing rights.

Itharms those ofpartners if the company has dealt with others and was a creditor, and it affects the rights of others if itwas indebted.

Therefore, the judiciary has settled that if ruled to be null, the company'sfuture impacts must be suspended, but not its past impact.

Duringthe period between its foundation and its nullity judgement, the company is legally considered an existing companyon the condition that it has started an actual activity.