nullity


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nullity

n. something which may be treated as nothing, as if it did not exist or never happened. This can occur by court ruling or enactment of a statute. The most common example is a nullity of a marriage by a court judgment.

nullity

noun blankness, inanitas, inefficacy, insignificance, invalidity, naught, nihility, nonbeing, nonentity, nonexistence, nothing, nothingness, oblivion, vacuity, vanitas, void
Associated concepts: decision to overrule decision
See also: blank, invalidity, mistrial, nonentity

NULLITY. Properly, that which does not exist; that which is not properly in the nature of things. In a figurative sense, and in law, it means that which has no more effect than if it did not exist, and also the defect which prevents it from having such effect. That which is absolutely void.
     2. It is a yule of law that what is absolutely null produces no effects whatever; as, if a man bad a wife in full life, and both aware of the fact, he married another woman, such second marriage would be nun and without any legal effect. Vide Chit, Contr. 228; 3 Chit. Pr. 522; 2 Archb. Pr. K. B. 4th edit. 888; Bayl. Ch. Pr. 97.
     3. Nullities have been divided into absolute and relative. Absolute nullities are those which may be insisted upon by any one having an interest in rendering the act, deed or writing null, even by the public authorities, as a second marriage while the former was in full force. Everything fraudulent is null and void. Relative nullities can be invoked only by those in whose favor the law has been established, land, in fact, such power is less a nullity of the act than a faculty which one or more persons have to oppose the validity of the act.
     4. The principal causes of nullities are,
     1. Defect of form; as, for example, when the law requires that a will of land shall be attested by three witnesses, and it is on] attested by two. Vide Will.
     5.-2. Want of will; as, if a man be compelled to execute a bond by duress, it is null and void. Vide Duress.
     6.-3. The incapacities of the parties; as in the cases of persons non compos mentis, of married women's contracts, and the like.
     7.-4. The want of consideration in simple contracts; as a verbal promise with out consideration.
     8.-5. The want of recording, when the law requires that the matter should be recorded; as, in the case of judgments.
     9.-6. Defect of power in the party who entered into a contract in behalf of another; as, when an attorney for a special purpose makes an agreement for his principal in relation to another thing. Vide Attorney; Authority. 10.-7. The loss of a thing which is the subject of a contract; as, when A sells B horse, both supposing him to be alive, when in fact he was dead. Vide Contract; Sale.
     Vide Perrin, Traite des Nullites; Henrion, Pouvoir Municipal, liv. 2, c. 18; Merl. Rep. h.t.; Dall. Diet. h.t. See art. Void.

References in periodicals archive ?
However, the confirmation can also operate tacitly by the reinvocation of the relative nullity inside the term of three years; in this way, the act grows firm.
Three high-profile changes are elimination of a previously required review of all positive declaration of nullity, authorizing bishops to be sole judge in an abbreviated process where neither spouse contests the annulment and evidence of nullity is indisputable, and a plea that "insofar as possible" charge no fees.
51 / 2016 RCC contained in paragraph 32 which states that "illegality of disposition, authorization, deposit or administration of the measure draws absolute or relative nullity, according to the distinctions set in art.
Accordingly, the Court of Cassation concluded that "the validity or nullity of the arbitration clause based on the exclusive approval of the competent minister is a public policy rule since it has been enacted for a public interest thereby permitting both parties to a contractual relation to invoke the nullity" of the arbitration clause whenever the competent minister's approval has not been granted.
Keywords: Inertia indices, nullity, signature, carbon nanocones
On top of that, all the confiscation orders which flowed from it would then be a nullity.
belongs to the (k, [mu])'- nullity distribution and k < -1.
His statement has marginalized the operation ZarBeAzb to nullity.
If a BAPT is a nullity, its owner would be regarded as the shareholder.
Arriving at moral certainty regarding the nullity of a marriage is an immensely complicated process.
Now official documents have been published for the first time, allowing everyone a glimpse at the doomed Durham vs Durham nullity case - the third Earl of Durham's bid to extricate himself from his insane wife.
Hetal ( name changed), who left Kansas with a minor daughter after a Johnson County district court order against her, kicked off a parallel litigation in India by moving a family court in Bandra seeking a declaration that the US court judgment was a nullity as it did not recognise the Hindu Marriage Act, which governed the relationship between the couple who were married back home according to Hindu rites.