Anulabilitate

Anulabilitate, or annulability, is a legal concept used in civil law to describe a category of invalidity that affects a contract or other legal act. An act is anulabil if its validity may be questioned and voided by a court due to defects present at the time of its formation, but it remains valid until adjudicated. It is generally distinguished from absolute nullities, as the grounds for anulabilitate typically concern the consent or capacity of one of the parties rather than a defect that makes the act void in itself.

Common grounds include vitiated consent (error, fraud, duress, misrepresentation), lack of legal capacity (e.g., a minor acting without proper representation, or a person lacking capacity to contract), or non-compliance with required formalities for certain acts.

The remedy is obtained by a court declaration of anulabilitate. The act continues to have effect pending judgment. The affected party may ratify or confirm the act, which cures the defect and eliminates the anulabilitate. If not cured, the court may annul the act, restoring the parties to their prior positions. Time limits apply for filing the action, varying by jurisdiction.

Anulabilitate is typically a relative form of nullity, contrasted with absolute nullity. In many systems, the act remains susceptible to annulment for a period, and the possibility of ratification can remove the defect. The concept serves to protect individuals whose consent or capacity was compromised, while allowing stable transactions to continue if properly ratified.

Examples include contracts entered by a minor without proper protective measures, agreements concluded under coercion, or contracts formed under significant misinformation. The concept also covers acts of representation that exceed or misuse delegated authority.