LA NULIDAD DE LAS ADQUISICIONES DERIVATIVAS DE PARTICIPACIONES SOCIALES EN LA SENTENCIA DEL TRIBUNAL SUPREMO, DE 1 DE MARZO DE 2012.

Abstract

In the Supreme Court's ruling of 1 March 2012, violation of the rule on the derivative acquisition of corporate interests is classified as a case of a causal unlawful act, which makes the legal act of acquisition null and void at its root. This contrasts with the classification of the derivative acquisition of corporate interests as a prohibited contract and the effects thereof in the light of the interpretation of article 6.3 of the Civil Code and section 140.2 of the Corporations Act.