Court allows application of Art. 103 k.c. to a 'false organ' of a company lacking a board of directors.

The court permitted the plaintiff to invoke Article 103 of the Civil Code against a 'false organ' of a limited liability company despite the absence of a formal board of directors. The plaintiff argued that the company's representative acted without authority, while the defendant contended that the legal fiction of an organ could not apply without a statutory body. The court ruled that the statutory fiction of an organ persists even when the required board is missing, thereby validating the application of the relevant civil code provisions.