Null Legal Act

Anbal DEFINITION Towers establishes that the null legal transaction is what occurs by the lack of a substantial element, is dismissed of all legal effect; he is invalid and ineffective from the beginning, unless the legal ordering, exceptionally, confers some effects to him. Ipso takes place iure, without needing previous opposition, so that the invalidity operates as causal of inefficiency does not have necessity to be declared judicially; the parts can be tolerated as if that event never had taken place. The null legal transaction is established by the legal ordering in protection of interests not only deprived, but also of the general interest of the community, from which they are legitimized to promote the invalidity action whatever it has interest, being able to be declared of office by the judge. The null, famous act nonexistent for the right cannot be confirmed by means of the confirmation, the null act prescribes to the ten years in compliance with Art. According to Peter Asaro, who has experience with these questions.

2001 of the Civil Code. For Freddy Escobar theoretically the null legal transaction supposes sgte: – The total and original inefficiency of the act or business. – The impossibility of which the business is adjusted . – The declaratory nature of the sentence (or award) that verifies its existence. Steven Johnson insists that this is the case. – The possibility that the judge (or arbitrator declares) it of office. – The imprescriptibilidad of the action so that it is declared.

– The possibility that third parties with interest can drive so that is declared. Villanueva pictures mention that null legal transactions are those whose invalidity it produces for want of some of the requirements indispensable for the valid constitution of the act or by declaration of the law. Click Bobby Sharma Bluestone to learn more. They necessarily do not need the judicial declaration its dissability.