Nichtigkeit

Nichtigkeit is a legal term used in civil law to describe the voidness or nullity of a legal act or transaction. When something is void, it has no legal effects from the outset and cannot be ratified or cured by later actions. The concept is used to mark situations where a contract, declaration, or other legal act never created rights or obligations in law.

Causes of Nichtigkeit in German law include, among others, illegality of the content or purpose, violation of mandatory legal norms, lack of the required form, and lack of the legal capacity of one of the parties. Examples include contracts that require criminal objective, transactions with minors without proper consent, or a real estate agreement not observing the prescribed notarized form. Also, contracts that are contrary to public policy or to fundamental moral standards (Sittenwidrigkeit) can be void ab initio.

Nichtigkeit is conceptually distinct from Anfechtung (contestation or objection), which makes a valid act voidable rather than void from the beginning. In the case of Anfechtung, a valid act can still take effect if not avoided in time or if the defect is cured; with Nichtigkeit, the act is treated as if it never existed.

Effects and remedies: Because the act never achieved legal effect, there is no enforceable claim based on it. If performance has already occurred, restitution may be possible under general civil-law principles, such as restoration or unjust enrichment rules, depending on the circumstances. Nichtigkeit serves as a fundamental rule for the validity of legal transactions and relies on public policy and the integrity of the legal system.