VI. JURISPRUDENŢA CURŢII EUROPENE A DREPTURILOR OMULUI Obligaţiile statului în cazul anulării unui act juridic. Selecţie de jurisprudenţă a Curţii europene a drepturilor omului
VI. ECHR CASELAW State obligations in case of annulment of a legal act. Selected case law of the European Court of Human Rights
Author(s): Roxana RizoiuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Good within the meaning of the Convention; annulment; principle of good governance; obligations in case of annulment of a State act; State obligations in case of annulment of a purely civil act;
Summary/Abstract: The principle of good governance requires, among other things, that states create a judicial system that allows for the correction of errors committed by its bodies or by private individuals, carefully weighing the effects that the annulment of acts affected by various grounds of invalidity may have on the respect of fundamental rights. If, when it comes to the annulment of acts emanating from the state, its obligations are well described by case law, in the case of the annulment of acts concluded between private parties without the direct involvement of the state, the obligations of the state are more restricted, being rather those of orchestrator, organizer, things remaining, in some cases, unclear. The present analysis essentially concerns questions relating to the application of Article 6 of the Convention and Article 1 of Protocol No. 1, although there are also relevant issues relating to the annulment of acts which entail limitations of other Convention rights (for example, Article 8 of the Convention ).
Journal: Revista Română de Jurisprudenţă
- Issue Year: 2026
- Issue No: 01
- Page Range: 223-234
- Page Count: 12
- Language: Romanian
- Content File-PDF
