NON
Luis Claro Solar said that if one of the existential elements of the legal act that does not exist, no effect. 1444 because according to the things of the essence: no effect; 1701 the lack of public policy instruments can not be replaced in the acts and contracts that represent the solemnity, it will look like no place; 1809 in the purchase price, if it is determined there will be no sale.
Alessandri: the absence does not apply in the Chilean civil law as the maximum penalty is a nullity. Title XX of Book IV "nullity and termination" absolutely null 1682 sanctioned the omission of the requirements or formalities prescribed by law for the value of certain acts and contracts in consideration of the nature of the Replica of Solar Light: when the regulated DC the invalidity of the assumption that the act is voidable, that exists because it meets the essential requirements for its existence 1682 does not refer to acts which he omitted a requirement of existence
absolute nullity sanction is any act or contract to be missing any requirements prescribed by law for the value of the same act or contract, according to its kind. Causal
:
• Object illicit unlawful
•
• Failure or procedural requirements established in relation to their species
• (I)
unwillingness
• (I) failure to object
• (I) lack of cause
• (I) essential error
• (I) lack of solemnity of existence
can be argued by:
• anyone who is interested it (actual and pecuniary) exept that has perpetrated the act knowing or having known of the defect that invalidated
• prosecution in the interests of morals and law
• Judge ex officio when the defect appears to manifest in the act or contract
Sanitation: 10 years since the conclusion of the act or
contract
relative nullity is the sanction to any act or contract to be missing any requirements prescribed by law for the value of the same act or contract, depending on the nature of the act or contract, depending on the quality or state of
parties
Grounds:
• Acts of relatively incompetent
substantial
• Error • Error accidental when the quality is the main reason for hiring and is known by the other party
• Error in the identity
person
• Force or moral violence
• determining Dolo
• Omission of any requirements prescribed by law for the value of the act into account when quality or state of the parties
• Injury
may be claimed:
Those for whose benefit he has laid down the law , his heirs or legatees.
Sanitation:
• 4 years
if there is violence or force since this stops.
error or fraud from the contract.
Disability since ceased
Ratification the act: unilateral act by which the party had the right to invoke the waiver of that power void, cleaning up the defects of the act or contract.
