Restituiri anormale. Nulităţi

Alex KIS

ABSTRACT

The new Civil Code provides the grounds for restitution by an express provision. The previous Civil Code did not regulate the restitution of performances as an independent institution. The references were made, for each institution, to the idea of restitution of performances, the concept thus taking a new form every time.

Obviously, a legal framework was necessary for this institution as well, since it mostly contributes to restoring legal order in society. Such regulations are welcome, especially in the current socio-economic conditions, when brilliant ideas are encouraged, but they also need a basis according to the principle quod scripsi, scripsi.

Keywords: restitutio in integrum, nullity, prescription, case law, accessories

Rezumat

Noul Cod civiloferă temeiul restituirii printr-o dispoziţie expresă. Codul civil anterior nu reglementa restituirea prestaţiilor ca o instituţie de sine stătătoare. Trimiterile erau făcute, la fiecare instituţie...