ikkenullitet

Ikkennullitet is a term used in some legal systems, particularly those influenced by civil law traditions, to describe a situation where a legal act is considered void from its inception. This means that the act is treated as if it never happened and has no legal effect whatsoever. It is a severe form of invalidity, more potent than mere voidability, which can be ratified or confirmed.

The concept of ikkennullitet typically arises when a legal act suffers from fundamental defects that go to its very essence. These defects can include a lack of essential elements required by law, illegality, or a violation of public order or mandatory provisions. For instance, a contract that is fundamentally illegal or lacks a necessary component like a clear agreement between parties might be deemed ikkennullitet.

Unlike voidable acts, which can be challenged and set aside by a party, an ikkennullitet is automatically invalid. This means that no court action is necessary to establish its invalidity, although a court declaration may be sought for clarity or to resolve disputes. The consequences of ikkennullitet are that it cannot create, transfer, or extinguish rights or obligations. Any purported effects of the act are nullified, and parties are typically restored to their pre-act positions. The specific grounds and consequences of ikkennullitet can vary depending on the jurisdiction and the type of legal act involved.