Annullability

What is anullability?

Annullability (also known as voidability) is a cause of invalidity of a legal act that derives from a defect of the will or a defect of capacity of the contracting party, among others.

Voidability occurs in the situation in which a contract is initially valid and produces legal effects, but due to certain circumstances or irregularities, there is the possibility that one of the parties involved may request its annulment before a court. Meanwhile, the legal act remains valid and produces effects.

In the event that the judge declares it voidable, the legal act will be considered null and void from its origin retroactively, that is, as if it had never existed, which will restore the previous situations of the parties before it was held.

The action prescribes after four years when it is alleged that a contract is vitiated by consent.

For example, if a sales contract is canceled due to a defect in consent, the parties must return what they received and remain as if they had never contracted.

Related concepts

• Retroactivity
• Vices of consent
• What are the essential aspects of the object of a legal act?
• Nullity
• What is the difference between nullity and annullability?
• Prescription