Nullità parziale nei contratti

Abstract

Partial nullity of contracts constitutes a importante trend of Spanish legal systems contractual field. This topic is submerged in some terminological confusion, and there are a few dissimilar theories about its concept, grounds and effects, as no provision whatsoever has been given by the Spanish lawmaker so as to the definition of partial nullity. These circumstances, together with the lack of an exhaustive analysis from the doctrine, add an undeniable degree of difficulty both to its theoretical study and to its practical use. This doctoral thesis undertakes a detailed analysis of the partial nullity of contracts. Therefore, its problem areas are delved into and its different theoretical reasoning is argued, just before addressing a variety of practical examples. Here, the study of the partial nullity is addressed from a critical perspective, based on a range of both general and monographic academic studies, and supported by reflections arising from legislation and jurisprudence.