Maxim 1.5.310
A thing void ab initio is one that never went into effect.
Source: C.L.M.; Weisman, 62i
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) An act, contract, or proceeding that was void from its inception has no legal force at any point — it cannot be ratified, cured, or given effect by lapse of time.
Where this applies
- A court issues a judgment based on a complaint that was never properly served on the defendant, and the judgment is void ab initio because it never had legal force.
- A government agency was created by a statute that violated the state constitution, and all of the agency's actions since its creation are treated as having never occurred.
- A contract was signed by a person who had already been declared legally incompetent, so the agreement never went into effect and cannot be enforced.
Legal domains
Cite this maxim
NeCede Max. 1.5.310 — A thing void ab initio is one that never went into effect. — C.L.M.; Weisman, 62i
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