Nulitatea absolută şi nulitatea relativă: originea şi reglementarea din Codul civil

Rezumat

The purpose of this paper is to compare the way in which absolute and relative nullity have been regulated in the New Civil Code. This study tries to achieve this by analysing some opinions raised in the legal doctrine that claim that the new body of law changed the paradigm from the old Civil Code. This shift may be so significant that one may even consider the two sanctions as different legal institutions and not just two subspecies of the same institution. This would entail a differentiated treatment and clearer distinction between the two types of nullity, with a special regard to effects.

Therefore, the first part of the paper will present a historic course with the aim of determining the source of inspiration of the lawgiver and the way in which the theories about nullity has been transposed in the Romanian law. An important point is marked by the discussion regarding the controversial institution of non‑existence that stems from the French legal doctrine and which was adopted by some Romanian jurists. The second part deals with a substantial analysis of the nullities by comparing their similarities and differences in order to discover the degree of independence they have from one another.

Keywords: absolute nullity; relative nullity; nullity by virtue of law; non‑existence; the effects of nullity.