Abstract

HERRERA MORENO, JORGE IVÁN. The good Faith in the consecutive Restitutions to the Nullity of a Contract. Critical Study on Judgment CSJ-SC5513 of 2021. Rev. Derecho Privado [online]. 2022, n.43, pp.421-436.  Epub Sep 09, 2022. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n43.18.

Judgment SC5513-2021 deals with two relevant aspects concerning consecutive restitutions after the nullity of a contract. The first refers to the question of to what extent good faith in these scenarios of contractual nullity can be assimilated or should be differentiated from good faith in possession. The second concerns the two theses that the Court has sustained regarding the moment from which the contracting party in good faith must return the benefits in the scenarios of contractual nullity. Both points deserve a critical study based on the recent decisions of the Supreme Court of Justice.

Keywords : nullity; mutual restitutions; good faith; bad faith; benefits; restitution of benefits; failed contracts; subjective good faith.

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