Concession contract. Impossibility of carrying out the subject-matter of the contract. Action to legally certify the absolute nullity. Conditions and effects

DREPTUL AFACERILOR

Abstract

The absolute nullity should be considered from the perspective of the fulfilment of the validity conditions of an agreement upon its conclusion, and one of the reasons likely to determine the absolute nullity of an agreement is the lack of its subject-matter or its unlawful or immoral nature. In the event that upon execution of the concession contract there is no reason preventing the concessionaire from executing the construction which it undertook to build, and such a reason occurred subsequently, its effect is not sanctioned with the absolute nullity of the contract, but with a possible termination thereof under the terms and conditions provided for by the parties. The settlement of the dispute related to the acknowledgment of nullity of a concession contract cannot be conditional on the acknowledgment of the unlawfulness of a resolution of the Local Council, as long as the concession contract was concluded following the delivery of an irrevocable court order, by which the defendant concession provider was obliged to conclude this contract, and this action was initiated at the initiative of the claimant concessionaire, who is aware of the existence of the resolution of the Local Council, however, without relying on its unlawfulness.