Nullity of the public-law contract

(1) A public-law contract is void where the nullity follows from the correspondent application of provisions of the Civil Code.
(2) A contract within the meaning of section 54, second sentence is further void where 1. an administrative act of corresponding content would be void; 2. an administrative act of corresponding content would be unlawful for a reason other than a procedural or formal defect within the meaning of section 46, and this was known to the parties to the contract; 3. the conditions for concluding a contract of settlement were not met and an administrative act of corresponding content would be unlawful for a reason other than a procedural or formal defect within the meaning of section 46; 4. the authority has itself promised a counter-performance inadmissible under section 56.
(3) Where the nullity concerns only part of the contract, it is void as a whole unless it is not to be assumed that it would have been concluded even without the void part.