Principiile efectelor nulităţii actului juridic şi excepţiile de la principii. Cazurile de înlăturare a efectelor nulităţii

Prof. univ. dr. MONNA-LISA BELU MAGDO*

* e-mail: prof.univ.monnalisa.belu@gmail.com

Membru titular al Academiei de Ştiinţe Juridice din România

Avocat - Baroul Prahova

ABSTRACT

The study tends to reveal the specificity of the cascading action of the three principles of nullity effects, retroactivity, restoration to the previous situation by restitution of benefits and cancellation of the subsequent act, as a result of the cancellation of the primary act. They give effect to a broader principle on which the institution of the nullity of the legal act is based - quod nullum est nullum producit effectum.The destructive effects of nullity are found in the rule that everything executed under a voided act must be returned under unjust enrichment. The procedural analysis of the nullity of the legal act and the restitution of benefits is transposed into the formulation of two...