Absolute nullity can only be found between parties to the judicial contract

The High Court of Cassation and Justice has ruled that the nullity of a legal act can be analysed and detected only between parties who participated in the completion of that act independently of the fact that even after the conclusion of the legal act by a provision of law or by subsequent legal act, the goods voluntarily entered the heritage of another entity. In this case, the plaintiff requested absolute nullity of a contract of donation concluded in 1965 by State Notary,  in which the parties were entitled, under current authors applicants, as donors, and the Romanian State represented by the People’s Council of December 30 District, as the donee. The High Court held that the administrative-territorial unit in whose jurisdiction the property is located, object of the contract of donation, did not appear as part of the conclusion of the legal dispute, but its administrative body, the council, based on special powers has acted as the representative of the Romanian State, who agreed to the conclusion of the donation act, as the donee. Therefore, the part to these proceedings, for a declaration of nullity of the contract of donation is Romanian State represented by the Ministry of Finance and not the Administrative-Territorial Unit, even if the ratio of the current framework of the Law. 213/1998 and no. 215/2001, the state does not appear as the beneficiary of the donation contract. (Decision no. 742 of February 26, 2013 passed in Appeal by the IInd Civil Division of the High Court of Cassation and Justice seeking annulment of contract of donation)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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