Nullity and invalidity in the Civil Code, especially how they operate

Abstract

In an analytical perspective, this paper proposes arguments that support

the idea that in the Civil Code system, invalidity is different from nullity.

Thus, despite that the concepts of invalidity and nullity are closely related,

they are not identical. Indeed, they are different notions, since invalidity

(based on power conferring rules) is a concept prior to nullity, and operates

without a judgment. Moreover, the first is a requirement to establish the

second. The ideas supported in this paper are consistent with the historical

origin of the institution, and with several articles contained in the Civil

Code.