Formnichtig

Formnichtig is a legal term used in German private law to describe the nullity of a legal act or document due to a failure to observe prescribed formal requirements. In this sense, formnichtig refers specifically to the absence or defect of the form that the law requires for the validity of the act or instrument. The concept is tied to the broader category of Nichtigkeit (nullity) and is contrasted with forms that are merely evidentiary or ceremonial.

In German law, various forms may be mandated for different acts, including Schriftform (written form), notarial form (Notarielle Beurkundung), and, in some cases, öffentliche Beglaubigung (official authentication). When a required form is not observed, the act can become formnichtig. The exact consequences depend on the statutory rule governing the form: some form requirements are essential for the validity of the act, while others primarily serve evidentiary or formal purposes and may not render the substantive rights void by themselves. Courts distinguish between form that is decisive for validity and form that is only of evidentiary value.

Typical fields where formnichtigkeit can arise include real estate transactions, which generally require notarial form, as well as certain testamentary dispositions and powers of attorney that demand a specific formalization. If the necessary form is missing, the relevant legal act is generally considered void from the outset, meaning it has no legal effect. The concept is distinct from challenges based on misrepresentation or defect of will (Anfechtung) and from forms that may be cured or later ratified, depending on the applicable rule.

Overall, formnichtig highlights the importance of formal compliance in ensuring the validity of certain legally significant acts within German private law.