Provisions of
public order are of interest, in their totality, mandatory rules, which can not
be departed from contract under the sanction of nullity. Here we shall include the total legal
rules and the generally principles of law, and which establish economic and
social order.
Absolute nullity may be invoked by anyone has interested, this means that practically it can invoke absolute nullity: the parties, their assignees, the prosecutor, the court ex officio, the competent public authorities etc., in a word anyone who justifies or claims any interest.
Absolute nullity may be invoked by anyone has interested, this means that practically it can invoke absolute nullity: the parties, their assignees, the prosecutor, the court ex officio, the competent public authorities etc., in a word anyone who justifies or claims any interest.
Absolute nullity can be invoked at
any time, consequential by action or by exception, beeing inprescriptible.
Absolute nullity can not be
covered by by express or implied confirmation.
Absolute nullities have in view
the lack of an essential element of the legal act (consent, object, cause,
form), either disregarding any imperative disposition and prohibitive of the
law and of the rules of social life and their invocation can be made by any
interested person, it can not be confirmed
and are inalienable.
Niciun comentariu:
Trimiteți un comentariu