Reflecţii asupra nulităţii parţiale a actului juridic civil - aspecte substanţiale şi procesuale (I)

Prof. univ. dr. Gabriela RĂDUCAN

ABSTRACT

This study aims to approach some aspects specific to the legal proceedings in which the partial nullity of a legal act/ contract is requested, mainly those related to establishing the essential or determining character of the clause allegedly affected by nullity, a determining character that must exist a priori, at the time of the conclusion of the act, for both contracting parties, not just for one of them, in order to prevent partial nullity. Inter alia, we were concerned with the relevance of anticipated clauses regarding the future declaration of nullity of some contractual clauses, but also with a series of procedural aspects relative to invoking the inadmissibility of partial nullity (with regard to which we showed why it must be raised as a procedural exception, and not as a substantive defence), as well as relative to the necessity of the...