The problem of the effects of the legal business null: actuality of the Thought of José León Barandiarán.

Abstract

José León Barandiarán is, without a doubt, the main scholar of the Civil Code of 1936 and, for Ende, Master of the main drivers of our current Civil Code. Within their Main contributions is the fact that he has established the doctrinal bases for the understanding of the Act or legal business in our country. Thus, in relation to the nullity of the legal business, León Barandiarán left seated the idea according to which such nullity implies the original and full inefficiency Business law, explaining and specifying the scope of such inefficiency. Today, this idea Is dominant in our doctrine. However, for some time now a minority sector has Expressed interesting critical considerations, arguing that nullity does not operate in full Right, but from the moment the nullity is declared by the judicial authority. Taking as a basis, among other things, the p