2022

Sergiu BAIEȘ, Ph.D., Professor, Faculty of Law, Moldova State University; Mariana ȘARGAROVSCHI, Ph.D. candidate, Faculty of Law, Moldova State University; A New Approach to the Legal Nature of Conversion

DOI:https://doi.org/10.31178/AUBD.2022.01

Abstract: Conversion, known first from a theoretical perspective and only later following its codification, is unanimously classified by legal scholarship—as well as by the legislature—as belonging to the theory of the nullity of civil legal acts. However, the legal nature of conversion remains unclarified and ambiguous in legal doctrine, sometimes being presented as an exception to the rule or principle quod nullum est, nullum producit effectum, and at other times as a means of validating or giving effect to a void legal act—and the list does not end there. For these reasons, and also with the intention of not underestimating the importance of correctly characterizing the legal nature of conversion—given that this characterization dictates the legal regime of a specific legal concept—in this study we have set out to offer our own perspective on the subject at hand.

Keywords-keywords: conversion, confirmation, restoration, nullity, civil legal act, remedy, legal nature.