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 ?
On top of that, all the confiscation orders which flowed from it would then be a nullity.
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.
Earlier, Sahara's other counsel Ram Jethmalani said that the March 4 order is a complete nullity as it stands in violation of the fundamental right to life and personal liberty.
The primary focus of the programme this year is in the professional sphere of arbitration in disputes of capital markets in the GCC on the legal system of arbitration, evidencing, the applicable law, methods of appeal for nullity in capital markets and the integration of the GCC financial markets.
The forum's agenda includes theoretical lectures and practical applications in the area of arbitration in disputes of capital markets in the GCC on the legal system of arbitration, evidencing, the applicable law, methods of appeal for nullity in capital markets and the integration of the GCC financial markets.
The forum's program includes theoretical lectures and practical applications in the area of arbitration in disputes of capital markets in the GCC on the legal system of arbitration, evidencing, the applicable law, methods of appeal for nullity in capital markets and the integration of the GCC financial markets.
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.
The bill deals in detail with the separation, nullity and divorce of Hindu marriages.
Despite recognising the parents' love for their daughter, the judge ruled for a nullity application to be issued.
A marriage validly performed abroad is recognized in Lithuania, except in cases when both spouses domiciled in Lithuania performed the marriage abroad with the purpose of evading grounds for nullity of their marriage under Lithuanian law.