Los efectos de la invalidez en la Ley de Contratos del Sector Público

Abstract

The legal concept of invalidity poses many problems. Among all of them, this paper tackles the consequences stemming from invalidity according to the new Act on Public Contracts (Act 9/2017, November 8). With this aim, invalidity is construed as the result of deviation from legal requirements. Furthermore it is argued that there is no correlation between the kind of invalidity –nullity or voidability–, and the consequences deriving from it –ex tunc or ex nunc ineffectiveness–. From this perspective, different results of invalidity are analyzed, such as restoration of the prior legal situation, damages, reversal of proceedings, cancellation of proceedings and the continuation of the null contract.