LEGAL MECHANISMS FOR ADDRESSING A CONTRACT THREATENED WITH INVALIDITY “A COMPARATIVE STUDY”
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Objective: The objective of this study is to examine the legal situation of contracts threatened with invalidity, where the contract is formed correctly but contains a defect that exposes it to annulment. The study aims to explore the legal mechanisms available to restore the balance of such contracts or shield them from challenge. Method: The method involves a legal analysis of the corrective mechanisms that can be applied to contracts threatened with invalidity. This includes examining legal tools such as reduction, addition, substitution, ratification, and prescription, and their role in restoring contract balance or protecting it from annulment. Results: The study finds that contracts threatened with invalidity continue to produce legal effects until their invalidity is declared or the ground for challenging them ceases. Corrective mechanisms such as restructuring contract elements or ratifying the contract are crucial in preserving its validity under specific conditions. Novelty: The novelty lies in presenting a legal approach that strikes a balance between protecting consent and maintaining the stability of transactions. The study embodies a legislative philosophy favoring the preservation of contracts when their defects can be legally remedied.
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