Abstract

CONCHA MACHUCA, Ricardo. Nullity and invalidity in the Civil Code, especially how they operate. Rev. Derecho [online]. 2015, n.44, pp.31-49. ISSN 0121-8697.  https://doi.org/10.14482/dere.44.7168.

In an analytical perspective, this paper proposes arguments that support the idea that in the Civil Code system, invalidity is different from nullity. Thus, despite that the concepts of invalidity and nullity are closely related, they are not identical. Indeed, they are different notions, since invalidity (based on power conferring rules) is a concept prior to nullity, and operates without a judgment. Moreover, the first is a requirement to establish the second. The ideas supported in this paper are consistent with the historical origin of the institution, and with several articles contained in the Civil Code.

Keywords : invalidity; power conferring rules; nullity; contract; judgment.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )