SciELO - Scientific Electronic Library Online

 
 issue19THE ABUSE OF THE RIGHT OF THE CREDITOR'S OPTION AND ITS IMPORTANCE IN BUILDING A BALANCED SYSTEM OF REMEDIES FOR BREACH OF CONTRACTSTUDY ON PRESCRIPTION AND LAPSE IN THE RIGHT CONSUMPTION author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Journal

Article

Indicators

Related links

Share


Revista chilena de derecho privado

On-line version ISSN 0718-8072

Abstract

RAMON FERNANDEZ, Francisca. CONCEPTUALIZATION OF INEFFICIENCY AND LACK DISABILITY IN SPANISH LAW. RChDP [online]. 2012, n.19, pp.63-114. ISSN 0718-8072.  http://dx.doi.org/10.4067/S0718-80722012000200003.

In the present work one tries to think about the concept of inefficiency in the juridical Spanish classification, and his distinction with the invalidity and contractual nonexistence. The analysis of the different doctrinal existing positions does not facilitate an unanimous distinction. We consider, after the study of the doctrine and jurisprudence, to the nonexistence as a category autonomous and independent from the contractual invalidity, since it is the own norm, in this case the civil Spanish Code, in diverse rules that we analyze, the one who leads us to the suppositions of contractual nonexistence in the cases of lack of essential requirements in the contract, since they are the cases of absence of assent, of object and of reason, which will be an object of arrested study.

Keywords : Inefficiency; invalidity; nullity; consent; object; cause.

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

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License