Punerea în valoare a nulităţilor substanţiale conform normelor procedurale. O continuare

Rezumat

The purpose of this paper is to continue to analyse absolute and relative nullity in the Civil Code, but from a procedural point of view. In other words, this study presents how a party in a contract can ask the court to declare it null and void or to annul it. Furthermore, the ways in which the parties can benefit from the effects of these two sanctions are also described.
Therefore, the first part of the paper presents a discussion regarding the workings of the substantial right to action in the case of nullity, followed by an exam of the traits that characterise the actions in absolute and relative nullity. The second part of the paper concerns several situations in which the null or annulled contract can be found (executed or not). In addition to that, the paper also presents what kind of legal methods can be used in each case in order for the parties to fully secure their rights. An important point treats the basis on which what has been executed by virtue of the void contract is returned to each party. Lastly, the study explains several issues regarding the invocation of absolute nullity.