Consecinţele nerespectării normelor referitoare la publicitate şi opozabilitate
Consequences of non-compliance with the rules related to publicity and enforceability

Summary/Abstract: This study starts by including the definitions of relativity and enforceability. The first definition refers to the effects between the parties to the agreement, while the second refers to the third parties’ obligation not to prejudice the legal relationships arisen from the conclusion of the agreement. Enforceability shall be performed by fulfilling the forms of publicity provided for by law. There are also forms of publicity that transcend enforceability. The sanction specific to the non-fulfillment of the forms of publicity shall be unenforceability. Unenforceability shall not be confused with other sanctions of civil law. This specificity is depicted in two complex legal situations. The first is the situation occurred following the conclusion of a legal deed by a person in the name and on behalf of another person without being authorized to this end or by exceeding the limits of his or her authority given. The second is the situation of a court ruling related to the partition of a building being a common asset between two ex-spouses, in the case where neither the lawsuit has been recorded in the land book, nor the judgment for partition has been registered in the land book, and the limitation of the enforcement of the judgment for partition has occurred meanwhile.

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