La nullity absolute is a fundamental legal figure in the right civil Dominican law that sanctions legal acts that suffer from serious defects, preventing them from producing effects legal. The Dress Civil law of the Republic Dominican Republic regulates the nullity absolute in its articles 1108 and following, establishing the causes and consequences of this figure.
Concept of nullity Absoluta
El article 1108 del Dress Civil law define the nullity absolute as the sanction that affects a act legal when lack any of the essential conditions for its validityand consent, the capacity of the parties, the object and cause lawful. In essence, the nullity absolute implies that the act never existed from the point of sight legal.
Causes of nullity absolute in the Republic Dominican Republic
El Dress Civil law Dominican establishes the following causes of nullity absolute:
Incompetence absolute of the parties: It occurs when one of the parties lacks the capacity legal to celebrate the act legal, as in the /// of unemancipated minors or interdicted persons.
Vices of the consent: El consent must be spirit and conscious. If you are affected by error, dolo o violence, act will be null and void right. The error must fall on essential elements of the act, dolo must be decisive for the celebration of the act and violence It must be serious and irresistible.
Illegality of object and cause: El object of the act legal must be lawful, possible, determined or determinable. The cause, that is, the reasons that drive the parties to contract, must also be lawful. If the object and cause are contrary to the law, order public or to good manners, act will be absolutely null and void.
Failure to comply with essential formalities: La law requires certain formalities for the validity of some legal acts, such as the deed public for the sale of real estate. Failure to comply with these formalities may give place to the nullity absolute of act.
Features nullity absolute in the Republic Dominican Republic
Imprescriptibility: La action to request the declaration de nullity absolute is not extinguished by the passage of time tiempoAny interested party may request it at any time.
Declaration ex officio: The judge may declare the nullity Absoluta ex officio, that is, without necesidad that any of the parties requests it, if during the proceedings checks the existence of some cause.
Unconfirmability: El act Absolutely null and void cannot be validated or confirmed by the will of the parties. The confirmation is a act legal which has for object to clean up a act voidable, but cannot be applied to the nullity absolute.
Effects retroactive: La declaration de nullity absolute has effects retroactive, meaning that the act is considered non-existent from its origin. The parties must return the benefits received, as if the act would never have been celebrated.
Differences between nullity absolute and nullity on
La nullity relative, also known as voidability, is another crafts of ineffectiveness of legal acts. Unlike the nullity absolute, the nullity Relative can only be claimed by the part that suffers damage and can be confirmed by the will of esa part. Furthermore, the action to request the nullity relative is subject to prescription.
