Asistencia financiera, contrato prohibido e irrelevancia causal. Exceptio doli y iura novit curia

Financial assistance, prohibited contract and causal irrelevance. Exceptio doli and iura novit curia

Abstract

The recent ruling of the Supreme Court of February 6, 2025, once again offers us a case of prohibited financial assistance, but does not declare the guarantee void due to the lender's ignorance of the destination of the funds lent for the acquisition of shares through void financial assistance, which implies a new confusion between the category of prohibited void contract and the void contract due to illicit consideration.