PROBLEME TEORETICE ȘI PRACTICE PRIVIND EXERCIȚIUL NULITĂȚILOR ABSOLUTE ÎN DREPTUL CIVIL

After a summary examination of the regulations and of the doctrine regarding the institution of
civil nullities, the author illustrates the uncertainties produced by some special norms that establish
absolute nullities for the violation of some imperative norms of protection for some categories
delimited by subjects; it is concluded – starting from the principles – and with exemplification of
jurisprudence – that such express nullities produce only some effects of absolute nullity and that the
legal regime of absolute nullities does not always apply, in its entirety, as a whole.
The presented legal construction offers the opportunity to observe the acute need for
prejudicial procedures at the disposal of those who have to make decisions for the application of
rules that produce legal uncertainty.