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347.91/.95 (123) |
Procedură legală. Personal judiciar şi organizare judiciară (961) |
SM ISO690:2012 ŞARGAROVSCHI, Mariana. Natura juridica a conversiunii actului juridic civil. Aspecte de drept comparat. In: Dezvoltarea economico-socială durabilă a euroregiunilor şi a zonelor transfrontaliere, 9 noiembrie 2018, Iași, România. Iași, România: Performantica, 2018, Vol.32, pp. 314-322. ISBN 978-606-685-614-0. |
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Dezvoltarea economico-socială durabilă a euroregiunilor şi a zonelor transfrontaliere Vol.32, 2018 |
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Conferința "Dezvoltarea economico-socială durabilă a euroregiunilor şi a zonelor transfrontaliere" Iași, România, Romania, 9 noiembrie 2018 | ||||||
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CZU: 347.91/.95 | ||||||
Pag. 314-322 | ||||||
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This scientific research is devoted to issues related to theclarification of the legal concept of conversion. It has been mentioned that this hypothetical legal institution is not uniformly analyzed by the doctrine of the states of the world, nor does it have a precise presentation in the laws of different states.Moreover, there are systems of law that do not expressly or tacitly consecrate it. In this context, emphasis was placed on the need for legal "healing" of acts of absolute nullity, in particular by exemplifying the optimal solutions identified by legislators and doctrines regarding the application of this legal construction. It has been demonstrated that it is important, although extremely difficult, to implement this legal mechanism at the current state of the national regulatory format, as long as the legal nature of the conversion remains uncertain. An imperative of scientific research has placed the need to coagulate all the views on the legal nature of conversion in order to obtain a uniform optician. It has been shown the multipolarity of the legal nature of conversion, which is sometimes seen as a way of redressing the causes of nullity, as well as exceptions to the principle of nullum est, nullum produit effectum, or as a way of removing the effects of the nullity of the civil legal act, or a principle that removes the rule quod nullum est, nullum produit effectum, or the principle that maintains the effects of the act of nullity, and these remain only a few of the solutions given by the doctrine, which was not particularly focused on this fragile segment. It was mentioned that the civil law of the Republic of Moldova does not cover the juridical regulation of the conversion, although certain deductions can be made, as it was stated in the present scientific research. It has been shown that conversion has a remarkable importance in a legal system and that the introduction of explicit legal regulations is not only an intellectual exercise but also a legal necessity. |
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Cuvinte-cheie conversion, legal nature, comparative law issues, way of redressing the causesof nullity, cause of nullity, legal technique, absolute nullity, legal act of civil law |
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