semmisség

Semmisség is a Hungarian legal term that translates to nullity or voidness. It refers to a legal act, such as a contract or a will, that is considered invalid from its inception due to a fundamental flaw in its creation or content. A null and void act has no legal effect whatsoever and cannot be ratified or made valid by subsequent actions.

The grounds for semmisség can vary depending on the specific area of law. In contract law, for example, a contract might be deemed null and void if it involves illegal subject matter, if one party lacks the legal capacity to enter into the agreement (such as a minor or someone deemed mentally incompetent), or if there was a fundamental mistake about the nature of the contract itself. In family law, a marriage might be considered null and void from the beginning if certain legal requirements were not met, such as lack of proper consent or prohibited relationships.

When a legal act is declared semmis, it is as if it never existed in the eyes of the law. This means that any rights or obligations that may have arisen from the act are extinguished. The parties are typically restored to their original positions as much as possible. Unlike voidable acts, which can be affirmed or rejected by one of the parties, a null and void act requires no action to be invalidated; it is automatically considered invalid. The declaration of semmisség by a court serves to formally acknowledge this inherent invalidity.