Part II

George ILIE, Lecturer Ph.D. Faculty of Law, University of Bucharest, An Example of Error in Share Sale
The paper challenges a jurisprudential trend according to which in a shares sale agreement serious mistake cannot concern the existence or absence of the assets of a company, which aspects may at most be qualified as an erroneous opinion on the value of subject – matter of the agreement.

Analysing the evolution of the requirement that the mistake must concern the very substance of the object (from the "objective" material to „substance of the agreement”) the author reaches the conclusion that the erroneous representation over any given element which falls within the contractual field may trigger the sanction of nullity. Or, the company rights are receivables which naturally depend on the patrimony of a company.

Key-words: share sale, serious error.

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