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SM ISO690:2012 BOCA, Sergiu. Aspecte de drept comparat privind reglementarea efectelor nulităţii actului juridic civil. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2012, nr. 1, pp. 87-100. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 1 / 2012 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 87-100 | ||||||
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The institution of the juridical act nullity is of particular interest with specific reference to theoretical and practical aspects of civil law. The necessity to enforce the nullity sanction intervenes in the assumption that a civil juridical act was concluded non-complying with the validity terms entailed by law. Thus the court decision whereby the civil juridical act nullity was declared shall deprive that act of the effects contrary to the juridical norms enacted for its valid conclusion.
A major problem which arises in the framework of nullity is to know and accurately apply the legal provisions regulating the effects which the nullity produces once ordered by the court. The effects of the civil juridical act nullity represents nothing else than the legal consequences of applying the nullity sanction, that means the consequences due to partial or integral voidance of a civil juridical act with non-compliance to the legal provisions referring to its validity terms.
Therefore invoking some aspects of Comparative Law related to the regulation of the effects of the civil juridical act nullity is intended to efficiently contribute to the understanding of the civil legislative norms of the Republic of Moldova in the subject of nullity effects, but also to offer the possibility to perform a comparative analysis of the foreign legislative regulations with the view to identify the shortcomings and deficiencies within the legal framework of the examined scientific area. |
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