Nulitatea actului juridic pentru lipsa autorizării necesare în cazul persoanei fără capacitate de exerciţiu. Nulitatea actului subsecvent ca urmare a anulării actului iniţial. Concurs între interesul persoanei ocrotite şi interesul terţului de bună-credinţă

Nullity of the legal act for lack of the necessary authorisation in the case of a person without legal capacity. Nullity of the subsequent act following annulment of the initial act. Concurrence between the interest of the protected person and the interest of the bona fide third party

Abstract

The object of the dispute is the nullity of the power of attorney and of the authentic contract of sale of immovable property for valuable consideration for the lack of legal capacity of a co-owner (protected by special guardianship) whose situation was taken advantage of by third parties to sell it successively, in a very short time.

Acts concluded by persons lacking legal capacity are invalid, as are subsequent acts based on the principle...