Our study analyses absolute and relative nullity in fiscal law, drawing on concepts from civil and administrative law, and following a general-to-specific approach. In civil law, absolute nullity protects the general interest, can be invoked by anyone, and cannot be remedied; relative nullity protects private interests, can only be invoked by the affected party, and may be confirmed. The Fiscal Procedure Code applies civil law norms where it do...

The article addresses the issue of obtaining the nullity of a resolution passed by the general meeting of shareholders, based on common law provisions governing the nullity of civil legal acts due to defects in consent. The topic of this research stems from a specific situation in which a resolution was adopted by the general meeting of shareholders with the vote of both shareholders holding the entire share capital, while the consent of one o...

Equality before justice derives from the constitutional principle „equality in rights” (art. 16 of the Constitution) and, in essence, ensures the real guarantees for the fair administration of justice. Specifically, art. 8 of the Civil Procedure Code applies the fundamental principle of equality, referring to the exercise of procedural rights in the civil process, which is done equally and without discrimination. They are forms o...

This study aims to highlight the main differences between the formation of contracts governed by the general regulatory framework and the emergence of legal relations on the stock market, but especially the inoperability, in principle, of causes of nullity or revocation of share transfer operations performed on the stock market, as compared with the nullity of common legal acts, with an emphasis on the impossibility of applying the principles...

The present study analyses a controversial jurisprudential matter: the sanction applicable to the evidence obtained form the technical surveillance executed with the participation of some specialized agencies, before the execution of the technical surveillance by those agencies was forbidden following the decision of the Constitutional Court no. 51 from 16 February 2016. It synthesizes from the jurisprudence an alternative conceptual model of ...

The issue of the effects brought about by termination and rescission brings into question both theoretical and practical arguments. We are faced with the termination of a contract for past or for the future, of a valid contract, but, that needs to be the subject of this civil sanction as a result of a non-performed obligation. In this present scientific paper we shall endeavour to analyse the manner in which these effects take place, and we s...

Omission of the judgment judicial provisions that are found in minute is not likely to attract annul the award, but may be directed towards a conclusion further data under art. 281 C. pr. civ. So canceling the sentence appealed and sending the case back because on the sentence is not identical to the minutes because the device is not found solution ordered by the trial court on the objection of lack material and the severance of claims, court d...