Nulitatea contractului de achiziție publică. Rezilierea, ca efect al încălcării de către Autoritatea Contractantă a normelor imperative de interes general
Nullity of the public procurement contract. Termination as a result of the breach by the Contracting Authority of the mandatory rules of general interest

Summary/Abstract: The analysis of the legal regime of the nullity of the civil legal act has as its starting point - in the overwhelming majority of cases - the principles of putting the parties back in the previous situation, to abolish the effects of the subsequent act, in the context in which the act, legally affected by nullity cannot produce legal effects. These rules tend to change in the public procurement legislation, in the situations where the violation of the imperative norms of the law is no longer likely to cancel the effects of the legal act. The decisions {verdicts} of the judges who decide the cases of the nullity of the public procurement contract can play a decisive role in regards to the modification – both of the effects of the contract and of the Will of the parties, which was the basis for the conclusion of the legal relationship.

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