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.

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