VIII. DEZBATERI 1. Restabilirea situaţiei anterioare ca efect al nulităţii: între drept substanţial şi exigenţe procesuale
VIII. DEBATES 1. Restoration of the prior situation as an effect of nullity: between substantive law and procedural requirements

Summary/Abstract: This study explores the principle of restoration of the prior situation (restitutio in integrum) as a fundamental effect of the nullity of a civil legal act, approached from the perspective of the interplay between substantive law and civil procedural law. In this regard, from a procedural standpoint, the study analyses the main issues identified in case law concerning the raising of this effect within civil proceedings, including the means of asserting the claim, the limits imposed by the principle of party disposition and the role of the court. From a substantive perspective, the analysis addresses the manner in which restitution operates as an effect of nullity, its application in the context of contracts involving successive performance, as well as the legal regime governing penalty interest.

• Details
• Contents