Nulitatea contractului - o cauză de ineficacitate mereu actuală. Nulitatea absolută şi nulitatea relativă în jurisprudenţa română şi franceză

Judecător Loreley MIREA-GAJDO

Vicepreşedinte Curtea de Apel Oradea

Nullity of contract - an ever present cause of ineffectiveness. Absolute nullity and relative nullity in Romanian and French case law

Abstract

The article is an overview, from a theoretical and practical perspective, of an extremely broad and generous topic, the nullity of contract, starting from the foggy, rigid and incomplete historical past, going through the classical and modern theories of nullity, the insufficient regulations of the Civil Code of 1864, but also the more elaborate ones of the New Civil Code of 2009, seen in comparison with the current legal provisions of the French Civil Code, from which the Romanian legislator was deeply inspired. The cases of absolute nullity and relative nullity and their legal regime are presented in a comparative law study, as well as an...