 Nulitatea si Granitele sale - Nullity and its’ Boundaries (Romanian version)Ph.D. Gabriela Raducan ()
Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, 2011, vol. 1, 65-86 Abstract: The norm's validity involves its’ existance and, in order to express it, we take into account something that should or shouldn’t 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 act’s 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). Keywords: nullity; ineffectivness; inexistance; The obligation law reform pre-project; damages; fault in contraendo. (search for similar items in EconPapers) Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:lum:rev13d:v:1:y:2011:i::p:65-86 Access Statistics for this article More articles in Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law from Editura Lumen, Department of Economics |
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