Nullity of the Romanian legal act - Quick Consulting

In the Civil Code, Article 1246 paragraph (1) provides that; “any contract concluded in breach of the conditions required by law for its valid conclusion shall be null and void if no other sanction is provided by law”. Nullity can be defined as a sanction that lacks legal effect,

Features characteristic of nullity

-It’s a civil law sanction

-looks only jidly acts and not the facts

-interval when the terms of validity of the contract are breached; of form or substance

-consists in the lack of a legal act of the effects that contravene the legal norms

– the legal act is deprived only of those effects which are contrary to the purpose of the disobedient legal provision

– the toughness can be covered

Functions of nullity

The prefentity function

-constates the inhibitory effect it exerts on civil law issues. Sometimes tempted to conclude acts without complying with the conditions of validity. Thus knowing that the act will be ineffective, the parties are discouraged and urged to abide by civil law.

Sanctioning function

-instruments when the preventive function has not proven effective. It consists in removing the effects of the legal norms that are prescribed for the valid conclusion of the act.

As conception, nullity can be partial and remedy.

Classification of the nullity of the legal act

Absolute nullity

– is that sanctioning the non-observance, at the conclusion of the civil legal act, of a legal norm that protects a general interest. So of an imperative legal norm of public order. Of course, which establishes a condition of validity for the conclusion of the legal act.

Relative nullity

– is the one that sanctions the non-observance at the end of the civil legal act that protects individual interest. So, an imperative legal norm of private order, which establishes a condition of validity for the conclusion of the civil legal act.

Partial nullity

– is that nullity that completely dissolves the legal act.

– is that nullity that only dissolves some of the effects of the civil legal act, the other effects being maintained, as they do not contradict the law.

Expressive nullity

– designates that nullity that is, as such, provided for in a legal provision. Most nullity is part of this category. They are provided either in the Civil Code or in other normative acts.

Virtual nullity

– designates that nullity that is not expressly prescribed by law. But non-stop, from the way in which a certain condition of validity of the civil legal act is regulated.

Under Art. 1253 of the Civil Code, the sanction of nullity must be enforced so that the purpose of the disobedient legal provision is attained.

Unnecessary background

– is that nullity that occurs in the case of the lack or invalidity of a substantive condition of the civil legal act. Nullities in this category are the most numerous in practice.

Nullities of form

-It is that nullity that occurs in case of non-compliance with the required form and validity. Example: Art 1041 C. Civ. “Under the sanction of absolute nullity, the handwritten testament must be written in full, dated and signed by the testator’s hand.”

Amicable nullity, legal nullity, legal nullity, and terms considered unwritten

– the injunctions can be established with the consent of the parties, without legal effect without having to address the jurisdiction. There are situations where the parties do not understand; or it is a legal act that can not be ended by a symmetrical act.

Absolute or relative absolute does not work properly. The legal act enjoys a presumption of validity, and this presumption can be removed in court. We can not talk about a finding of absolute nullity or a distortion of relative nullity. Nullity is invoked by an act of living. Although in reality the act of nullity is an act of accomplishment.

– exceptionally, the terms considered unwritten can be considered absolute nullity; and partial but operating lawfully.

Causes of nuisance

– violation of legal provisions on civilian capacity

-Lexibility or invalidity of consent

-valueability of the object of the civil legal act

-value the cause of the civil legal act

-Description of the form required by law and validity

– the limitation of the limits of the principle of the freedom of legal acts

– non-observance of other special conditions required for the valid conclusion of certain legal acts

Causes of absolute nullity

a) Based on express legal provisions

b) For violating the validity conditions

Causes of absolute nullity

a) Based on express legal provisions

b) For violating the validity conditions

The legal regime of absolute nullity

-can be invoked by anyone of interest, by the court of its own motion, by the prosecutor and other competent bodies

-It is impressible and can be invoked at any time

-in principle can not be covered

Causes of relative nullity

-It is a civil legal act that can not be annulled when the legal provisions on enforceability have been violated. Violation of the cosmictamant and other cases provided by the law may result in relative nullity.

-the virtual bugs regulate the situation in which; if a private order is sanctioned, the sanction is the relative nullity.

The legal rhythm of relative nullity

-can be invoked only by the person protected or having an interest

-to prescribe within the time-limit provided by law or by exception, is imprescriptible

-can be covered by express or tacit confirmation

Effects of nullity

-retroactivity of nullity

-analysis of subsequent acts

-restricting the previous situation (in kind or by fair and equitable compensation)

For these effects, there are exceptions expressly provided for in the Civil Code in various matters of law.