PRINCIPIUL NEMO AUDITOR PROPRIAM TURPITUDINEM ALLEGANS ŞI NULITATEA ACTULUI JURIDIC CIVIL
THE NEMO AUDITUR PROPRIAM TURPITUDINEM ALLEGANS PRINCIPLE AND THE NULLITY OF LEGAL ACTS

Summary/Abstract: Like any living organism, the civil legal act is subject to certain "dysfunctionalities" that can affect it in various ways, up to the final tragic culmination of the paralysis of the effects considered for its conclusion, so up to the symptomatic-legal death of the legal operation. One of the most dynamic and influential "legal diseases" that lead to the ineffectiveness of a legal act is nullity, in the various forms in which it can manifest itself. The desired legal operation may become vulnerable throughout the entire route of its completion; thus, it is important to specifically identify what irregularity occurred, what rules or principles of law have there been infringed and what the sanction will be in that case. The tangency and interference of different principles of law can trigger controversial applications and interpretations of similar factual situations, all the more so as those principles that reflect good faith, such as the principle nemo auditor propriam turpitudinem allegans, interact with the nullity of the civil legal act. Thus, in drawing the interaction framework between the nullity of the act and the nemo auditur principle, it is important to define the tangential areas of these legal institutions, highlighting their complementary application, but also the general impact on the civil legal act and its effects.

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