What does void mean?

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"Our agreement is null and void" - everyone has heard these or similar sentences before. But what does "void" actually mean and in what context does it play a role?

Fundamental meaning

  • The word "void" plays a role in determining whether a legal act is effective.
  • Basically, the nullity of a legal transaction, law or other legal act means that these do not have any legal effects and are ineffective.
  • Example: A void contract is ineffective, so that no rights can be asserted from it and it does not create any obligations. So you do not have to adhere to the agreements made in the contract, but at the same time you have no claims from the void contract.
  • It should be noted that illegality does not mean nullity. For example, an unlawful administrative act issued by an authority is nevertheless effective and not void, which is stated in Section 43 Para. 2 VwVfG follows.

What does the nullity of a legal transaction result from?

There are various reasons why a legal transaction can be void:

BGB: Contract - Notes

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  1. A legal transaction (for example a contract) is void according to § 125 BGB if the form prescribed by law has not been adhered to.
    An example of such a formal requirement is § 311 b para. 1 BGB. A contract with the content of the transfer of a piece of land requires notarial certification. If this is not done, the contract suffers from a formal defect and is therefore void in accordance with Section 125 of the German Civil Code (BGB).
  2. According to § 134 BGB, a legal transaction is also void if it violates a legal prohibition.
  3. Section 138 of the German Civil Code (BGB) stipulates another reason for nullity, according to which a legal transaction is null and void if it is immoral.
  4. Mere sham or joke transactions are still void (§§ 117, 118 BGB).
  5. A declaration of intent by an incapacitated person is also required in accordance with Section 105 Para. 1 BGB void. The purpose of this regulation is to protect the incapacitated.
  6. According to § 142 Abs. 1 BGB on the nullity of a legal transaction.

If one of these grounds for invalidity is present, this means that the entire contract is void and therefore ineffective, so that no obligations or rights arise from it. You do not have to adhere to the agreements made, but you also have no claims against the contractual partner.

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