Nulidad de acto o contrato por causa ilícita o error involuntario; y, rescisión conforme normativa ecuatoriana.

Abstract

In this academic article, an analysis of the nullity of acts and contracts that are formed through an illegal cause or due to lack of a requirement requested by law will be addressed. Any person can allege the nullity of an act or contract, and these may be absolute and relative. Absolute nullity is when an act is totally null because it contravenes the law affected by illicit cause or object, and relative nullity is one whose defect in the contract can be rectified by agreement of the parties. In order for the absolute nullity of an act or contract to be declared, it must be requested before a judge by the person whose right has been affected, while the relative nullity can be remedied through the consent of the parties involved in the contract. The contracting parties, in the event of a relative nullity, may terminate the signed contract, thus being able to prevent its execution. Likewise, the essential elements will be addressed so that an act or contract is not declared null or lacks any provision requested by law, such as; that the person is legally capable, that the person consents to the act and does not suffer from vice, that the act is generated on a lawful object; and, that its cause be lawful.