kehtetuse

Kehtetus is a term found in Estonian law that translates to "invalidation" or "nullity." It signifies that a legal act, such as a contract, administrative decision, or even a law, is considered void and has no legal effect from its inception. This means the act is treated as if it never existed.

The grounds for declaring something kehtetus can vary depending on the specific legal context. Common reasons include a fundamental flaw in the formation of the act, such as a lack of legal capacity of one of the parties, a violation of mandatory legal provisions, or the act being contrary to public order or good morals. In some cases, kehtetus can be declared by a court, while in others, it may arise automatically due to the nature of the defect.

When an act is declared kehtetus, any consequences that may have arisen from it are typically reversed. This can involve returning property, refunding money, or undoing any other actions taken based on the invalid act. The principle of kehtetus serves to uphold the integrity and legitimacy of the legal system by ensuring that only legally sound and valid acts have force. It is a crucial concept for maintaining legal certainty and protecting the rights of individuals and entities.