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Conflict of interests concerning the invocation of the absolute nullity

The High Court of Justice and Cassation decided that even if absolute nullity defend a general interest , such an interest does not exclude having also an individual interest (personal), so the person who invokes absolute nullity of a judicial document must want to obtain a personal benefit from the annulment of that document.  In this way, the High Court said that the legislator, by giving the possibility of a wide circle of persons to invoke the absolute nullity of a judicial document, has accorded to those people active standing, but this does not mean that automatically they could justify a personal interest because in what concerns the exercise condition if the civil action, standing does not mean interest. (Decision no. 1701 from 27th  of March 2012 pronounced in appeal by the Civil Section II of the High Court of Justice and Cassation having as object absolute nullity of a purchase agreement )

>> The source: JURIDICE.ro

Daniela GHICAJANU

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