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NeCede's

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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