Concept in Definition ABC

In a broad sense, the term nullity can be used to qualify a situation as null or, failing that, a person as inept.

On the other hand and specifically at the request of the Right, invalidity is a generic situation of invalidity of the legal act, situation that generates that, either a rule, an administrative or legal actor ceases to observe the legal effects of it going back to the moment of its creation. Meanwhile, for a rule or act to achieve that nullity that we are commenting on, it will be necessary to declare nullity, express or tacit, and then the vice that affects it will be coexisting with the celebration thereof..

Its main foundation will be the protection of interests that may be violated by not observing the legal requirements when celebrating or promulgating a rule, a administrative act or judicial.

It is worth noting that always before the nullity of that rule or act is declared, they will remain effective, for this reason it is that the nullity may be

non-retroactive (those effects produced before the declaration of nullity are preserved) or retroactive (The effects produced prior to the declaration of nullity can be reversed).

Then, among the characteristics that distinguish a nullity are the following: it is legal, that is, it is not created by a judge but for one law; It is only applicable to legal acts and the defect will be original, intrinsic and essential.

An act can be susceptible of nullity for several reasons, among them: absence of real consent in a legal act that requires it, breach of formal requirements, absence of cause, absence of the capacity of the people who carry out the act and that its object is illicit.

And finally, the nullity may be relative (by affecting a few interested parties they may request nullity), total (nullity affects the entire act in question), partial (the nullity will affect part of the act) and absolute (When a rule of public order is affected and the entire society is violated, the nullity of the job and this turns out to be unhealthy).

Issues in Nullity