SUPUESTOS LEGALES DE EFICACIA EX NUNC DE LA NULIDAD Y SU POSIBLE APLICACIÓN AL ARRENDAMIENTO DE SERVICIOS.

Abstract

The work suggests that if the services agreement is null, the nullity could have a non-retroactive character. The Spanish Law stipulates that, in some cases, the nullity is non retroactive, exactly in case of invalidity of marriage, Corporations and Limited Liability Companies, patents, trademarks, and, finally, in case of contract of employment. The common denominators in all this cases are that all of them are successive chain of title agreements, and that the restitution isn't possible. The services agreement have too this characteristics, so the hypothesis proposed could be based on the Law. Besides, the effects of the nullity, inclusive when it has a non-retroactive character, depends on the good or bad faith of the parties to the contract, so the consequences for them in case of the services agreement should have in account the articles 1.305 y 1.306 of the Civil Code.