3. Constatarea nulităţii absolute a contractului de împrumut şi a contractului de garanţie imobiliară accesoriu pentru cauză ilicită şi imorală – instrument pentru protejarea intereselor patrimoniale ale creditorului
3. Declaration of Absolute Nullity of The Loan Agreement and The Accessory Real Estate Guarantee Agreement on Grounds of Illegality and Immorality – A Tool for Protecting The Creditor's Financial Interests

Summary/Abstract: There are multiple legal acts on the legal market concluded by their authors with the aim of defrauding the interests, usually patrimonial, of their debtors, acts which, under a legal appearance of legality, in fact conceal an unlawful and immoral cause at the time of their conclusion. Determining the unlawful and immoral nature of the cause of certain legal acts can often raise problems in judicial practice, requiring an analysis of the relationship between the protection of the public interest and the protection of private interests – which can only justify actions to annul such acts. On the other hand, clarification is needed regarding the impact of certain mandatory rules adopted by the legislator in terms of the consequences of non-compliance, given that there are an increasing number of cases in which non-compliance with prohibitions or obligations leads to cumulative legal liability without this affecting the principle of non bis in idem.

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