Welex, law and accountancy firm on the Costa del Sol, is pleased to write a few lines about the difference between null and void clauses in contracts of sale of property: Differences and legal effects in Spain.
When drafting a property purchase contract in Spain, it is crucial to understand the differences between null and void clauses. These legal categories have different effects and can have significant repercussions on the contract. In this legal blog, we will explore the differences between void and voidable clauses, as well as the legal effects derived from each in a home purchase contract in Spain.
When signing a contract for the purchase of a property in Spain, it is important to review the clauses included in the contract, as they can affect the rights and obligations of the parties. However, not all clauses are valid; some may be contrary to the law or to good faith and, therefore, null and void or voidable.
Null and void clauses in Spain
A clause is null and void in Spain when it lacks the essential requirements for its existence or when it contravenes a mandatory or prohibitive rule, is invalid from the outset and has no legal effect between the parties. For example, clauses are null and void which:
– Do not have the consent of the parties.
– Have an unlawful, impossible or indeterminate object.
– They lack cause or have a false or unlawful cause.
– Are contrary to the law, morality or public order.
Null and void clauses in Spain are considered as if they had not been included in the contract and do not produce any legal effect. Furthermore, nullity is absolute and imprescriptible, i.e. it can be invoked by any interested party at any time and cannot be validated by the passage of time or by the consent of the parties in Spain.
Clauses that can be annulled in Spain.
A clause is voidable in Spain when it suffers from a defect that affects its validity but which may have legal effects until the cause of voidability becomes apparent. For example, clauses are voidable if they are:
– Are vitiated by error, fraud, violence or intimidation.
– Have been agreed by incapable persons or with defective representation.
– Have been granted without observing the legally required form.
Importance of legal advice in Spain:
Given the complexity of home purchase contracts in Spain and the possible legal implications, it is essential to have the advice of a specialized lawyer from the Spanish law and accountant firm Welex, who will be able to analyze your contract, identify void or voidable clauses and provide guidance on the steps to take to protect the interests of the parties involved in Spain. Do not hesitate to contact us for any tax, legal or accounting matter.