Resolution and Nullity – Causes of Ineffectiveness of the Civil Legal Act in the Regulation of the New Civil Code

Abstract

The ineffectiveness of the civil legal act has been defined by that situation where, in the simultaneous causes or following the conclusion of the act, this cannot produce, in whole or in part, temporarily or definitively, its effects. The practical activity has demonstrated the need to make a delimitation between resolution and nullity. The rescission of the contract is not to be confused with its nullity, as both represent civil law sanctions, which have as effect the cancellation of the contract, both for the past (ex tunc), and for the future (ex nunc ). Between rescission and nullity, there are similarities, but also differences, which guarantees them their own and autonomous legal physiognomy.