THE CONTRACTUAL NULLITY IN SPANISH LAW


In Spanish Law it is possible to proceed with the annulment of the subscription of the contract if it was understood that such contract was void because it was so the consent given by the Client as a result of error in the same induced/produced by the inventoried and makeup/masked information provided by the other party during the pre-contractual phase. Such vice of consent by mistake and intent, with absolute abandonment of the principle of good contractual faith, invalidates the contract with radical character and could oblige the return of mutually received benefits, with the possibility of compensation of what has been received plus the legal interests accrued to date of the resolution of a potential future lawsuit, without prejudice to those of procedural default.


There could have therefore been an ERROR in the issuance of consent by the Client, an error that, as established by the jurisprudence (precedents) of our Supreme Court, must be considered “as a serious vice that affects the shaping of the will of one of the contracting parties, meaning a false knowledge of reality capable of directing the will to the issuance of a statement not effectively wanted.”


In accordance with the provisions of article 1.300 and concordant of the Spanish Civil Code, when the contract is subject to litigation of an invalidating vice, as is an error and intent in the provision of consent by my principal, the contract must be declared void, since it has not been perfected, despite having created an appearance of validity.


Article 1.300 of the Civil Code: “the contracts in which the requirements expressed in article 1.621 can be annulled, even if there is no injury to the contracting parties, provided they suffer from any of the defects that invalidate them according to the law.”


On the other hand, in the pre-contractual phase (prior phase to the signature of the contract), the contractor must provide with information that is sufficiently clear and precise so that the Clients understand what they are going to contract for and if it is within their needs and what are the advantages they can expect to obtain when contracting what has been offered to them.


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