La palabra del día: Nulidad

Feminine noun. From the Latin adjective nullus, without value and effects.
As in resolución and rescición we are speaking about the end of a contract, but in the case of nulidad, the cause of the end the contract pre-exists its execution and it makes it invalid or non-existent. Another legal fiction: we are speaking about the end of something that does not exist. In a nutshell, if in the rescición of a contract we are in front of a valid contract with a pre-existent cause of invalidity, in the nulidad of a contract, we are in front of nothing. An example of a contract subject of rescición is when someone who is insolvent sells their assets. An example of a contract subject of nulidad is the contract executed by a minor.
There is another word: anulabilidad, and it refers to the end of a contract due to a cause pre-existent to its execution (as in rescición and nulidad) but, these irregularities can be amended and there it resides the main difference with a contract with a nulidad, which cannot be amended. A perfect example of a contract subject to anulabilidad is the sale of community property (bien ganancial) without the consent of both spouses; that consent can be given at a later stage.
The verb is anular. dc


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