Despre izvoarele nulităţii actului juridic civil
On The Sources Of The Nullity Of The Civil Legal Act

Summary/Abstract: The sanction for failure to comply with the substantive and formal validity requirements governing the conclusion of a legal act is, in principle, nullity. In accordance with legal tradition and in light of the New Civil Code, only an Act of Parliament or a legal instrument having the force of law (government ordinance) may establish grounds for nullity and regulate the effects of nullity. Secondary or tertiary normative acts, whether public or private, cannot do so, as they are unlawful and therefore incapable of producing any legal effect. Furthermore, in civil matters, any agreement or contractual clause establishing or eliminating a ground for absolute or relative nullity is deemed unwritten.

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