Blurred borderlines of invalidity questions – “Floating boundaries” in terms of invalidity and ineffectiveness

Abstract

The paper examines the fundamental conceptual issues of invalidity and ineffectiveness in civil law. The term “floating boundaries” is intended to illustrate the transition between definitions and the blurred boundaries. In this study, we expound the issues of “non-existent” contracts, briefly presenting theoretical and practical reactions. We review the most important legal phenomena that occur as a combination of the two concepts. We primarily explore cases of relative ineffectiveness, e.g. fraudulent contract (actio Pauliana) and the personal ineffectiveness due to the infringement of pre-emption right. We discuss some characteristics of regulating by general clauses. In this regard, we point out the relationship between the immoral contracts and the basic principles of civil law, in particular the principles of good faith and fair dealing (Treu und Glauben).