Contractual Inefficiency: Nullity, Voidability, and Dissolution
The Invalidity (Absolute Nullity)
It is characterized as automatic, absolute, structural, original, and irremediable. Absolute nullity occurs when an essential element of the contract is missing or when the contract contravenes imperative rules. A radically null contract does not produce any legal effect.
Various causes can lead to the declaration of absolute nullity:
- Lack of any of the essential requirements: consent, object, and cause of the contract.
- Breach of any of the requirements of the contract’
Athenian Democracy: Structure, Institutions, and Function
Athenian Democracy: An Overview
Athenian democracy was a form of direct democracy where executive power resided in the assembly of all citizens (ekklesia). A council of 500 members, the boule, renewed each year, was responsible for preparing the issues to be submitted for discussion and voting. All state organs were considered subordinate to the assembly.
The Council of 500 (Boule)
The boule was formed by 500 counselors, citizens from all walks of life over 30 years old. The venue was the bouleuterion
Read MoreVoie de Fait: Limits of Self-Remedy in Public Administration
Voie de Fait: A Limit to Public Administration’s Self-Remedy
The voie de fait limits the self-remedy privilege of Public Administration. This comes into force when the Administrative Organ acts outside of its competences or without following the corresponding administrative measure. The Public Administration (PA) must follow procedures. Voie de fait is when the public administration acts with a different aim, not following the general interest, so that citizens can go to the Courts and ask for a
Read MoreThe 1812 Constitution: Birth of Spanish Constitutionalism
The Spanish Constitution of 1812: A Foundation of Liberalism
The 1812 Constitution is a text of legal, historical, political, and judicial significance. Issued on March 19, 1812, in the city of Cadiz, it was created by the Spanish Parliament, which had been installed there since 1810. The recipient of this document was the entire Spanish nation. The text is a collection of articles that formed the first constitution of Spain. A constitution is the basic legal text of any liberal state. It is the
Read MoreUnderstanding the Key Sources of Law
According to Holland, the major sources of law are Customs, Religion, Equity, Judicial Decisions, Scientific Discussion, and Legislation. These sources have shaped legal systems throughout history and continue to influence modern jurisprudence.
1. Customs
Customs play a decisive role in the framing of laws. As the earliest source of law, customs have significantly contributed to its growth. Most laws originate from customs and are subsequently recognized by the state. In every society, people observe
Read MoreFrench Parliament: Legislative Process and Oversight
Functions of the French Parliament
The most important functions of the French Parliament are the legislative and control functions.
The Legislative Function
The legislative function is shared with the Government. The Constitution reserves two classes of materials:
1. Matters Requiring Standards: Parliament sets the rules concerning:
- a) Civil rights, guarantees of civil liberties, the obligations of national defense, and the constitutional guarantees of civil servants.
- b) Nationality, the status and capacity