Rolul nulităţilor virtuale în etapizarea demersurilor de aplicare a sancţiunii nulităţii

dr. EMILIAN-FLORIA POPESCU*

* e-mail: emilian_floria@yahoo.com

Judecător - Judecătoria Lipova

ABSTRACT

The judicial practice, including that of the Supreme Court, reveals difficulties in applying the sanction of nullity, in particular in case of virtual nullities. In this context, the author shows that it is necessary an applied analysis of the theory of nullity, in order to establish a staging of the judicial approach undertaken for applying this sanction. An interdisciplinary approach for the purpose of establishing the role of the condition of injury in such approach contributes to the avoidance of the confusion of the virtual nullity with the relative one.

Keywords: stages in applying the sanction of nullity; virtual nullity; relative nullity; vice of unlawfulness; condition of injury; sanction of non-existence; sanction of disregard; plea of unlawfulness; unwritten clauses.

1. Preliminarii. Clasa...