Understanding Legal Invalidity: Absolute and Relative Nullity

Posted on Jan 10, 2025 in Law & Jurisprudence

Classification According to Civil Code Section 1681 and Following

Absolute Invalidity: The legal sanction provided by the omission of the requirements and formalities that are prescribed for the value of the act by its nature or kind.

Relative Invalidity: The legal sanction provided by the omission of the requirements and formalities that are prescribed for the value of the act by the state or quality of the parties.

According to the Doctrine

Nonexistence: When you omit the requirements of existence, i.e., will or consent, object, cause, or solemnity when the law requires it. Supporters of the theory of nonexistence argue that the act was not born into legal life, and if not born, it could hardly be considered invalid.

Absolute and relative invalidity produce their effects by a final judicial sentence, and their effects are:

  • Return the parties to the state before the conclusion of the void act.
  • Perform reciprocal refunds.

Absolute Nullity (According to Article 1683)

Absolute nullity can and should be declared by the court, even without the request of a party, when it appears clearly in the act or contract. It may be invoked by anyone who has an interest in it, except that it has executed the act or concluded the contract, knowing or having known the vice which invalidated it. Its statement may also be requested by the prosecution in the interest of morality or law and cannot be rehabilitated by the ratification of the parties or by a lapse of time not exceeding 10 years.

Cases in Which Absolute Invalidity Occurs

  • When there is an absence of a requirement
  • Illicit object
  • Unlawful act of absolutely incapable persons
  • Essential error

Features of Absolute Nullity

  • It can and should be declared by the court.
  • It can be invoked by anyone who has an interest in it, except those who executed the act or concluded the contract, knowing or having known the vice that invalidated it.
  • The prosecution can ask for its statement.
  • It cannot be rehabilitated by ratification of the parties.
  • It cannot be rehabilitated by a lapse not exceeding 10 years.
  • The action to demand absolute invalidity does not occur as of right; it must be declared judicially.

Relative Nullity

Relative nullity protects the interests of certain persons for whose benefit the act establishes it. The final paragraph of Article 1682 states: “Any other kind of vice produces relative invalidity and the right to terminate the act or contract.”

Cases of Relative Nullity

  • Acts of relatively powerless persons, without limiting formalities (Article 1447, points 2 and 3)
  • Main determinant fraud
  • Substantive error

Features of Relative Nullity

Regarding the argument: It can only be claimed by persons for whose benefit the laws have been established.

Regarding the time limit: The time limit for requesting withdrawal lasts 4 years.

Regarding the beginning of the period:

  • Force: Since it had ceased
  • Error or Fraud: From the day of the celebration of the act or contract
  • Disability: Since it has ceased

Regarding the ratification of the parties: For this to happen, the following conditions must be fulfilled:

  • That the act is vitiated by relative invalidity.
  • Ratification must come from the party on whose behalf the law has established it.
  • The party must be able to ratify it.
  • Ratification is possible while the act has not been declared invalid by a final sentence.

Effects of Invalidity with Respect to Third Parties

Section 1689 provides that judicially declared invalidity gives action claiming against third parties, except in cases of:

  • Huge injury
  • Termination by death alleged
  • The case of the third party who acquired the domain of the thing by prescription

The pronunciation of nullity also reaches third parties; once the contract is annulled, its effects are retroactive, giving rise to invalidation.

Invalidation Actions

  • Invalidation Action
  • Action Claiming Unenforceability (It is inefficient for a third party, a right born as a result of a legal act or declaration of nullity of a contract)

Types of Unenforceability

  • Form: The act cannot be enforced against third parties if they have not met certain formalities required by law.
  • Principle: In this case, the occurrence of a condition is lacking.
  • On the declaration of nullity: That would have affected third-party rights under and in good faith, e.g., putative marriage.