PARTIAL NULLITY IN EUROPEAN CONTRACT LAW: SOME OBSERVATIONS ON ITS ROMAN PRECEDENTS

One of the mechanisms that are used today to keep alive a concluded act or legal transaction even if part of it is flawed, is the so-called "nullity or partial invalidity". A mechanism which is recognized in several instruments of harmonization of the European contract law and as reflected in the title, we focus our attention with no other purpose than to briefly examine its regulation in European law, in particular in the Draft Common Frame of Reference and mainly to make a number of observations about the Roman precedents of a rule whose purpose is to remove the invalid part of the contract, specifically, in these pages, in relation to the stipulatio, to safeguard its validity and effectiveness provided certain assumptions concur.