Nullità

Nullità, in legal contexts, refers to the complete absence of legal effect of an act or transaction. It signifies that the act is considered as if it never existed in the eyes of the law, rendering it void ab initio, meaning void from the beginning. This is distinct from annullabilità, which implies a defect that can be remedied and makes an act voidable rather than entirely void.

The causes for nullità typically stem from fundamental flaws that violate mandatory legal provisions or public order. These can include issues with the subject matter, such as its illegality or impossibility, or a complete lack of essential elements required for the validity of the act, like a lack of consent or an illegal object. For example, a contract for an illegal activity would be considered null.

An act that is null has no legal standing and cannot produce any legal consequences. It cannot be ratified or validated by the parties involved, as it never acquired legal existence in the first place. Any legal actions or claims arising from a null act are therefore invalid. The declaration of nullità can be sought by any interested party, or in some cases, by the public prosecutor, and it can be raised at any stage of a legal proceeding. The court's finding of nullità serves to officially confirm the non-existence of the legal act.