24664/2011 SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

24664/2011
SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Preparation of oral loan contract with General Partnership. Condition in the articles of association: that the company will be committed and assume validly obligations, when both partners sign under the corporate name. Between General Partnership and General Partnership partners, there is mandatory class action, while between the General Partnership partners in the same trial, there is no mandatory class action, there is simple class action. Approval of action. In case of more joint defendants, the approval of action is judged independently for each joint defendant, that is, objectively both in simple and mandatory class action. (76 par. 2), with the exception as for the latter case, when the claim for disposal of the recognized right belongs jointly to all the mandatory joint defendants and when it is a mandatory joint legitimization, therefore the declaration of approval should result by all the joint defendants.

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