Neplatnost

Neplatnost is a legal term originating from Latin, meaning "nullity" or "invalidity." It refers to a situation where a legal act, such as a contract or a legal transaction, is considered void or voidable due to the presence of certain defects that violate established legal requirements or principles.

In legal systems, neplatnost typically signifies that the act has no legal effect from the outset, often because it was made without proper authority, involved illegal subject matter, or lacked essential elements such as consent or formalities. The concept serves to uphold the integrity of legal transactions by ensuring that only compliant agreements are recognized as valid.

The grounds for neplatnost vary across jurisdictions but generally include violations of public order, incapacity of parties, deception, duress, or the absence of mutual consent. When a legal act is declared null and void, it is treated as if it never existed in legal terms, and parties are usually restored to their original positions.

In many legal systems, certain acts may be declared void ab initio (from the beginning), while others are voidable, meaning they remain valid until annulled by a competent authority. The distinction influences the legal consequences and the procedures for contesting such acts.

Neplatnost plays a critical role in legal practice by safeguarding principles of legality and fairness. It also provides mechanisms for correcting or invalidating agreements that violate essential legal norms, thereby maintaining order and trust in legal transactions.