2022
Sergiu BAIEȘ, Professor, Faculty of Law, State University of Moldova, Mariana ȘARGAROVSCHI, PhD Candidate, Faculty of Law, State University of Moldova, A new approach to the legal nature of the conversion
DOI: https://doi.org/10.31178/AUBD.2022.01
Abstract: The conversion, known first from the point of view of its theoretical size, and only then by its normative consecration, is generally classified by the literature, but also by the legislature, as concept affiliated to the theory of nullity of the civil act. However, the legal nature of the conversion remains unresolved and unclarified by the doctrine, and sometimes is presented as an exception to the rule or principle quod nullum est, nullum producit effectum, or as way of validation or capitalization of the null legal act, and the string does not end here. For these reasons, and for the intention not to underestimate the importance of correct qualification of the legal nature of the conversion, taking into account that it dictates the legal regime of a concrete concept of law, in the present study we aimed to offer our own vision on this subject.
Keywords: conversion, confirmation, restoration, nullity, civil legal act, way of correction, legal nature.
« back