Causes And Legal Status Of The Absolute Nullity Of The Civil Legal Act

Adrian Nicolescu
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Adrian Nicolescu: University of Craiova, Romania

Social Sciences and Education Research Review, 2018, vol. 5, issue 1, 180-186

Abstract: The significance of invalidity as a civil law institution is quite clear and concise, namely it is that sanction of civil law that affects the legal act in the case of non- compliance with the legal provisions governing its validity. Therefore, the legal act is not valid due to non-observance of its essential conditions. Nullity is also a legal institution applicable to all legal acts and, as a consequence, to all contracts, the contract being the main source of civil liability. In order to have a more precise idea of the institution of nullity of the civil legal act, it must be mentioned that it also involves an operation to delimitate it from other causes of ineffectiveness of the civil legal act. Such a delimitation also contributes to avoiding the confusion of the civil legal act with other sanctions of civil law, which is not admissible, because it is a different legal concept, each with its own legal regime. Regarding the legal regime of absolute nullity, it must be emphasized that it refers to the rules governing this legal institution. Both the doctrine and the jurisprudence specifically provide for the absolute nullity of the civil legal act.

Keywords: absolute nullity; legal status; civil legal act (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2018
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