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universul juridic magazin

Extrinsic nullity in civil law

The study on extrinsic nullity of the Romanian civil law briefly describes a new topic concerning civil law, which was debated in the procedural law in civil matters, namely the issue of extrinsic nullity. What is, in fact, extrinsic nullity? It is a nullity that, without being determined by the essential elements of the civil action – capacity, consent, object, cause, form, is determined by the non-compliance with the external conditions of the civil action for obtaining certain documents – administrative, civil, judicial, which ultimately determine the civil action. The exterior and extrinsic nature of these conditions generates a legal regime other than the common regime regarding the validation of the null action or the promotion of actions for the recognition or pronunciation of nullity.