Nullity and its Boundaries Cover Image

Nulitatea si Granitele sale
Nullity and its Boundaries

Author(s): Gabriela Răducan
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: nullity; ineffectivness; inexistance; The obligation law reform pre-project; damages; fault in contraendo

Summary/Abstract: The norms validity involves its existance and, in order to express it, we take into account something that should or shouldnt be done, distinguishing between the validity of the norm and its effectivness. Eventually, the sanction for not fulfilling the conditions for the formation, validity and effectivness stricto sensu is the same: the ineffectivness lato sensu. In order to understand the notions and their boundaries, we shall compare the concepts of inexistance, annulability, invalidity, ineffectivness by reference to the notion of nullity. Nullity s general vocation stems from its definition, as the elements of the concept contain information regarding the judicial nature of the institution (civil law sanction), the consequences of nullity (the acts deprivation of effects) and the grounds of these consequences (the lack of effects is a sanction determined by the disregard of imperative provisions establishing the validity conditions applicable to the act).

  • Issue Year: I/2012
  • Issue No: 1
  • Page Range: 65-86
  • Page Count: 12
  • Language: Romanian