Nullity action in Romania
Litigation lawyer in Romania. What is nullity action in Romania?
Nullity action in Romania represents a civil law sanction that nullifies a legal act executed in violation of the conditions required by law for its validity. The sanction of nullifying a legal act intervenes if the law does not provide for another sanction.
In other words, if, at the time of executing the civil legal act, the legal provisions regarding the conditions of validity are not respected, a nullity action in Romania intervenes, by which that act will no longer produce legal effects, either in whole or in part.
Generally, we deal with absolute nullity in Romania when the protected interest is a general one or when the rules regarding the capacity to have rights or exercise rights are not respected, when the provisions regarding the object or cause of the legal act, which must be lawful and moral, are violated. Among the causes that determine relative nullity in Romania are the non-compliance with the rules regarding the capacity to exercise rights, lack of discernment, vices of consent, lack of cause of the legal act, or non-compliance with the right of preemption in some cases provided by law.
The Romanian Law Firm Pavel Margarit and Associates invites you to use the services of a lawyer specializing in actions for nullity or a civil law lawyer to identify, based on your personal situation, if you can invoke nullity and what legal consequences this will produce from the moment the application based on the annulment of the legal act is submitted until the litigation is finalized.
Attorneys specialized in nullity action in Romania. Parties
Depending on the nature of the interest protected by the legal provision violated when concluding the civil legal act, there is either absolute nullity in Romania or relative nullity in Romania. Thus, absolute nullity in Romania can be invoked by any interested person, either through action or exception, whereas relative nullity in Romania can only be invoked by the person whose interest is protected by the violated legal provision. In both cases, the parties are represented by the claimant, the person who initiates the legal action, requesting the declaration of nullity of a legal act, and the defendant, the person against whom the nullity action in Romania is directed, usually the one who benefits from the contested legal act.
In the case of absolute nullity in Romania, the court is obliged to invoke the nullity ex officio, while in the case of relative nullity in Romania, it cannot be invoked ex officio by the court under any circumstances.
Attorneys specialized in nullity action in Romania. Legal Basis
The New Civil Code includes a section with principle provisions regarding the nullity of civil legal acts. Articles 1246-1265, which represent the legislative seat of the matter of nullity action in Romania define the notion of nullity, differentiate between relative nullity in Romania and absolute nullity in Romania, specify the causes of nullity for each type, and also set out the effects of nullity and rules regarding the prescription of the action.
Dispute resolution attorneys in Romania. Where to file the application based on nullity action in Romania?
In general, the application is filed with the court where the defendant has their domicile or headquarters, but there are exceptions. For example, in the case of the nullity of a contract in Romania, the competence may be assigned to the court where the contract was concluded or where it was executed, according to the specific legal provisions in the New Civil Procedure Code.
The Romanian Law Firm Pavel Margarit and Associates recommends using the services of a dispute resolution lawyer in Romania or attorneys specialized in nullity action in Romania to determine the competent court to resolve the case and to ensure that the application for summoning to court for the cancellation of a contract in Romania (for relative nullity in Romania) is correctly formulated to be admitted.
Attorneys for void contract in Romania. Term for filing an action for the nullity of a contract in Romania
If there are no contrary provisions, absolute nullity in Romania can be invoked at any time, both by action and by exception, with the action for declaring absolute nullity being imprescriptible. On the other hand, with regard to cases where the action for relative nullity in Romania can be invoked, it is subject to the general statute of limitations, which is 3 years, unless the law provides for a shorter term. Therefore, after the expiration of the 3-year term, no one can initiate a lawsuit aimed at the annullable contract in Romania or the action for declaring absolute nullity of an act.
A litigation lawyer in Romania or a dispute resolution lawyer in Romania can provide the necessary guidance to determine which type of nullity applies to your situation and whether it is subject to the statute of limitations.
Lawyer for cancellation of a contract in Romania. Differences between nullity action in Romania and other causes of ineffectiveness of the civil legal act
Termination of a contract in Romania
Termination of a contract in Romania is a remedy offered to the creditor in case of non-performance of the obligations assumed by the debtor, which leads to the cancellation of a contract in Romania with retroactive effect. Although, in essence, the two civil sanctions produce the same effect, namely the cancellation of a contract in Romania with retroactive effect of the legal act, they differ in terms of their scope, since nullity applies to any civil legal act, while termination of a contract in Romania applies only to synallagmatic contracts with immediate execution (uno ictu), such as a sales contract.
Another difference between the two causes of ineffectiveness concerns the causes that determine them. The cause of nullity must exist at the time of the conclusion of the legal act, while the cause that determines termination of a contract in Romania occurs after the date the contract was concluded. Additionally, nullity pertains to contracts concluded without respecting a condition of validity, whereas termination of a contract in Romania presupposes a validly concluded contract.
A litigation lawyer in Romania or a dispute resolution lawyer in Romania can provide the necessary guidance to determine whether nullity or termination of a contract in Romania is applicable to your situation and to ensure that the legal act is correctly addressed according to Romanian law.
The Romanian Law Firm Pavel, Margarit and Associates provides legal advice and legal assistance services in civil law, especially regarding assistance for initiating a nullity action in Romania. A lawyer for cancellation of a contract in Romania can support you in filing a lawsuit based on the nullity action in Romania before the court, having great experience in civil litigation. In order to benefit from our professional support and for litigation lawyer advice, we invite you to fill in the contact form available on our website https://avocatpavel.com/contact/.
Don’t navigate these challenges alone. Contact Us today for expert assistance tailored to your needs.
Rescission in Romania
Rescission in Romania is a civil sanction (cause of ineffectiveness) that consists in the annulment for the future of synallagmatic civil contracts with successive execution due to the non-performance of an obligation by one of the parties for reasons attributable to it.
Absolute nullity in Romania applies to all legal acts, while the sanction of rescission in Romania applies only to bilateral legal acts with successive execution. Nullity of a contract in Romania implies an act concluded without respecting the conditions of validity, whereas the cause of rescission in Romania implies a validly concluded act. Rescission in Romania is essentially identical to termination of a contract in Romania, which is why most of the differences applicable to nullity and termination of a contract in Romania also apply in cases of rescission in Romania. The parties may agree that rescission in Romania will take effect automatically, but not nullity action in Romania. The latter produces retroactive effects, whereas rescission in Romania produces effects only for the future. In the case of nullity, each party must return to the other, in kind or by equivalent, the benefits received, while in the case of rescission in Romania, this is no longer applicable.
Attorneys specialized in nullity action in Romania or dispute resolution attorneys in Romania can help you recover your benefits if you are dealing with a situation involving the nullity of a contract in Romania.
Annulment of a Legal Act – Inopposability
Inopposability is the civil sanction that intervenes in case of non-compliance with the publicity formalities towards third parties, as provided by law for certain legal acts. Thus, a valid act can be inopposable, meaning that certain persons who are strangers to the act have the right to ignore its existence. The differences lie primarily in the fact that nullity of a contract in Romania implies an invalidly concluded legal act, while inopposability implies a legal act concluded in compliance with the legal provisions regarding its conditions of validity. The causes of nullity action in Romania exist at the time of concluding the legal act, while inopposability involves the non-fulfillment of certain formalities after the conclusion of the legal act.
Lastly, in the case of nullity, the effects are the same for both the parties and third parties, while in the case of inopposability, the effects of the act apply to the parties, but the rights and obligations cannot be opposed to third parties.
Dispute resolution attorneys in Romania or a lawyer for void contract in Romania can explain in detail how the institution of nullity functions in relation to inopposability and when it is appropriate to resort to one of these sanctions.
Attorney for void contract in Romania. Effects of Annulment of a Legal Act
The main effect of nullity action in Romania consists in the cancellation of a contract in Romania and the legal relationship created by the act. Therefore, it is considered that the act was never concluded. If the act affected by nullity action in Romania has not been executed, the action for declaring the absolute nullity in Romania of an act or the action for cancellation of a contract in Romania will prevent it from producing the effects for which it was concluded.
In the event that the act affected by nullity action in Romania has already been executed, in whole or in part, filing an action for the cancellation of a contract in Romania will result in the obligation of the parties to return the performances made up to that point, thus operating the retroactivity of nullity.
A litigation lawyer in Romania or a dispute resolution lawyer in Romania can provide personalized legal assistance to determine if the applicable civil sanction in a case is nullity and what rules apply to it, considering the nature of the protected interest.
Nullity action in Romania is an essential instrument in the legal system to ensure compliance with legality and equity in relations between parties. By declaring annullable contract in Romania, the aim is to eliminate the effects of a legal act that contravenes imperative norms, public order, or the legitimate interests of the parties involved.
In this context, The Romanian Law Firm Pavel Margarit and Associates recommends working with a lawyer for annullable contract in Romania or attorneys specialized in nullity action in Romania to ensure that your interests are defended professionally and that you have the best chances of achieving the desired outcome in a contractual dispute.
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