Considerations on the regulation of the cases of nullity and on the validation of the void or voidable agreement in the light of the new Civil Code Cover Image

CONSIDERAŢII REFERITOARE LA REGLEMENTAREA NULITĂŢII ŞI LA VALIDAREA CONTRACTULUI NUL SAU ANULABIL ÎN VIZIUNEA NOULUI COD CIVIL
Considerations on the regulation of the cases of nullity and on the validation of the void or voidable agreement in the light of the new Civil Code

Author(s): Gabriel Tiţa-Nicolescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: nullity; validation; void agreement; effects of nullity; conversion; common and unavoidable error

Summary/Abstract: In this article, the author presents certain considerations relating to the regulation of the cases of nullity and to the validation of the void or voidable agreement in the light of the new Civil Code, to the nullity as prevention measure or as sanction. The structure and the content of the study reveal the comments on the concept of nullity, on the importance of distinct approach of the matter, on the legal regulation, on the effects of nullity, as well as on the introductory considerations on the validation of the agreement, on the validation of the agreement by confirmation, on the renewal of the void agreement, on the conversion of the void agreement and finally, on the common and unavoidable error. Finally, the author formulates brief considerations regarding the exceptional situation in which the legal act, even if annulled, produces legal effects, namely, the common and unavoidable error.

  • Issue Year: 2016
  • Issue No: 03
  • Page Range: 013-023
  • Page Count: 11
  • Language: Romanian