marți, 29 mai 2012

Provisions of public order are of interest, in their totality, mandatory rules, which can not be departed from contract under the sanction of nullity


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 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.

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