THE CONSEQUENCE OF VIOLATION OF THE PROHIBITION AGAINST LENDING FINANCIAL ASSISTANCE

Abstract

The Supreme Court's ruling of 2 July 2012 classifies agreements violating financial assistance legislation as prohibited contracts in the light of the interpretation of article 6.3 of the Civil Code. Majority legal opinion feels the same, although the Supreme Court's later ruling of 9 December 2012 seems to contradict this view. A clear criterion in Supreme Court case-law about the legal consequences applicable in cases of prohibited financial assistance would be a desirable thing.