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Nulitatea si Granitele sale - Nullity and its’ Boundaries (Romanian version)

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  • Ph.D. Gabriela RADUCAN

    (Titu Maiorescu University from Bucuresti, Trainer at National Institute of Magistracy)

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).

Suggested Citation

  • Ph.D. Gabriela RADUCAN, 2011. "Nulitatea si Granitele sale - Nullity and its’ Boundaries (Romanian version)," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 1, pages 65-86, February.
    • Handle: RePEc:lum:rev13d:v:1:y:2011:i::p:65-86
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    Keywords

    nullity; ineffectivness; inexistance; The obligation law reform pre-project; damages; fault in contraendo.;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate
    • K49 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Other

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