DELIMITAREA CATEGORIILOR DE NULITĂŢI RELATIVE ŞI ABSOLUTE DE CELE CONDIŢIONATE ŞI NECONDIŢIONATE DE EXISTENŢA UNEI VĂTĂMĂRI ÎN DOMENIUL DREPTULUI PROCESUAL CIVIL
THE DISTINCTION OF THE CATEGORIES OF RELATIVE AND ABSOLUTE NULLITIES FROM THOSE CONDITIONAL AND UNCONDITIONAL ON THE EXISTENCE OF AN INJURY IN CIVIL PROCEDURAL LAW
Author(s): Mitră AlexandruSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: nullity of procedural acts; absolute nullity; relative nullity; nullity conditional on the existence of injury; unconditional nullity; rules of public order; rules of private order;
Summary/Abstract: The former Civil Procedure Code lacked a detailed regulation of several legal concepts, including the nullity of procedural acts. The new Civil Procedure Code brought significant changes in this respect, with the legislator codifying principles that had already been recognized by the case law and the doctrine under the former Code. This study seeks not only to analyse the nullity of procedural acts, but also to identify clear criteria by reference to which one can delineate the categories of this procedural penalty. The reason is that, in the context of a judicial practice which is not always consistent, interpretations may arise that do not comply with the legislator’s will in what concerns the premises for claiming the nullity of procedural acts.
Journal: Universul Juridic
- Issue Year: 2017
- Issue No: 05
- Page Range: 57-68
- Page Count: 12
- Language: Romanian
