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SM ISO690:2012 BOCA, Sergiu. Retroactivity as the principal effect of civil juridical acts nullity vis-a-vis the parties. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2014, nr. 1(31), pp. 145-150. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 1(31) / 2014 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 145-150 | ||||||
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Rezumat | ||||||
The principle of retroactivity is one of the fundamental laws which governs the effects of nullity of the civil juridical act. By retroactivity of nullity effects we comprehend the rule by which nullity produces effects not only for the future, but also for the past. A comprehensive understanding of the above would be possible only by creating a rapport between the principle of retroactivity and other rules of the subject of the effects of nullity and by establishing the correlation between them. Hence it is important to determine the place and the role of the retroactivity principle in the area of the effects of nullity of the civil juridical act.
The retroactivity principle of the effects of the civil juridical act nullity derives from the legality principle
in the sense that restoration of legality infringed when the juridical act was concluded imposes the removal of the
produced effects on the basis of an act as such concluded. Therefore this principle contributes to ensure the rule
of law, being inconceivable that the rule of law is hindered, nevertheless the effects which bring its achievement shall be maintained. The retroactivity principle constitutes a natural consequence and a logical expression of the juridical act
nullity as a Civil Law sanction, without its effects for the past nullity is deprived of any rational sub layer and
practical efficiency. |
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Cuvinte-cheie civil juridical act, nullity, the principle of retroactivity, nullity effects, legality principle. |
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