Role of virtual nullities in staging the approaches for applying the sanction of nullity Cover Image
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Rolul nulităților virtuale în etapizarea demersurilor de aplicare a sancțiunii nulității
Role of virtual nullities in staging the approaches for applying the sanction of nullity

Author(s): Emilian-Floria Popescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: stages in applying the sanction of nullity; virtual nullity; relative nullity; vice of unlawfulness; condition of injury; sanction of non-existence; sanction of disregard; plea of unlawfulness; unwrit

Summary/Abstract: The judicial practice, including that of the Supreme Court, reveals difficulties in applying the sanction of nullity, in particular in case of virtual nullities. In this context, the author shows that it is necessary an applied analysis of the theory of nullity, in order to establish a staging of the judicial approach undertaken for applying this sanction. An interdisciplinary approach for the purpose of establishing the role of the condition of injury in such approach contributes to the avoidance of the confusion of the virtual nullity with the relative one.

  • Issue Year: 2016
  • Issue No: 05
  • Page Range: 108-120
  • Page Count: 13
  • Language: Romanian