Post by account_disabled on Dec 23, 2023 23:37:43 GMT -5
Ain cases where the nature of the nullity is not determined or does not unequivocally emerge from the law the contract is voidable Civil Code . According to the criterion of the extent of the nullity effects total or partial nullity. Total nullity that nullity that abolishes the civil legal act in its entirety. Partial nullity that nullity that abolishes only part of the effects of the civil legal act the other effects being maintained as they do not contravene the law.
Clauses contrary to the law public order or good Country Email List morals and which are not considered unwritten attract the nullity of the contract in its entirety only if they are by their nature essential or if without them the contract would not have been concluded art. para. Civil Code partial nullity is the rule. If the contract is maintained only in part both the null clauses and those the applicable legal provisions art. para. and Civil Code . In the case of contracts with several parties in which the performance of each party is made in consideration of a common purpose the nullity of the contract with regard to one of the parties does not entail the.
Dissolution of the contract in its entirety except in the case where its participation is essential for the existence of the contract art. Civil Code . Classification of total nullity vs. partial nullity absolute vs. absolute nullity classification relative nullity. Depending on the way of legislative consecration express or virtual nullity. Express nullity that nullity which is provided as such in a legal provision. represents the rule. Virtual nullity that nullity which is not expressly provided for by law but which undoubtedly results from the way in which a certain condition of validity of the civil legal act is.