Citas bibligráficas
Quispe, E., (2018). La imprescriptibilidad de la pretensión de nulidad de acto jurídico en el Código Civil Peruano de 1984. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/2014
Quispe, E., La imprescriptibilidad de la pretensión de nulidad de acto jurídico en el Código Civil Peruano de 1984. [Tesis]. : Universidad Andina del Cusco; 2018. https://hdl.handle.net/20.500.12557/2014
@misc{renati/1125138,
title = "La imprescriptibilidad de la pretensión de nulidad de acto jurídico en el Código Civil Peruano de 1984.",
author = "Quispe Huamán, Edson Luis",
publisher = "Universidad Andina del Cusco",
year = "2018"
}
The juristic act correctly constituted, that is the application owed of the juridical standard, produce the effects desired by the parts and for the law, otherwise the act would be inefficient. The inefficient juristic acts can be in consequence of the bad structuring for what the doctrine distinguishes like structural inefficacy or inefficacy for invalidity, or in consequence of vices or totally strange defects to his correct structuring called also like functional inefficacy. The structural inefficacy can become manifest through two forms: For annullability or for nullity, this ends the one that concerns us is to extend throughout in the present work. The particular idea on the nullity of juristic act is to be that may not be corrected or no convalidable, because the act is born lifeless either for absence of some requirement or element, or that the act infringe imperative standards, law and order or good manners, for such motive no institution should revive the juridical status of a void act. You would not owe tenths because regrettably an institution exists in particular that you revive the void juristic act, referred us nothing short of to extinctive prescription. On purpose, the numeral 1 of the article establishes 2001 of the Civil Code that the action to declare void prescribes to the ten years, we believe that this disposition is no use being applicable in the hopes of nullity of juristic act, because the juridical nature of nullity is to be invalid and inefficient precisely, therefore if the prescription reigns on this type of hope, the act gets totally valid and for there efficacious, which fails to satisfy the basics that both pursue . The juridical foundations that both institutions chase are law and order, the juridical certainty and the beginning of legality, for which if the prescription presides at the foundation of the first on the nullity of juristic act then do not serialize more than fictitious an unlawful improper change would result from what really looks for, for his part the juristic act's foundation also. Consequently, one of the reasons prescription in the hopes of nullity should not keep out itself for is this. From now on, the present is concretized in the analysis of results as from the theoretic bases and problems, objectives and hypothesis presented; This per se will allow landing a general conclusion, this is for the application of the numeral 1 of the article 2001 of the Civil Code, where the void juristic act, acquire tacit validity and whereby you infringe the juridical standard by right Prevailed. Our better recommendation would be that the hopes of nullity of juristic act be perpetual, that is imprescriptible.
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