Company Law (en cours)
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Title 1: Formation of the company
Title 2: Operation of the company
Title 3: Corporate groups
A: Requirement of good faith in negotiations
B: Duty of loyalty/information of directors
D: Transfer price
II: Formal conditions
Section 2: Guarantees attached to the transfer
Section 3: Massive transfer of shares (droits sociaux)
Chapter 2: Right of withdrawal
Chapter 3: Exclusion of a partner
Chapter 4: Dissolution
Part 2: Rules specific to each type of company
288. Cancellation of the transfer for vitiated consent.
1 minute de lecture
Any sale must, to be valid, be free from vitiated consent. In the matter of transfer of shares, the most frequently recognized vitiated consents are mistake and fraud, and, more rarely, duress. Case law considers that the parties can always invoke the invalidity of the sale, which constitutes a legal protection, even if they have contracted other types of guarantees .
Jurisprudence only admits err …