Nullity of Legal Transactions

Abstract

The paper analyses the types of nullity and reasons for nullity of legal transaction in the legal system of the Republic of Macedonia and comparative law. Contemporary civil law recognizes two types of nullity of legal transaction (absolute and relative). Some civil codes and laws clearly state the difference between absolutely null and relatively null legal transaction such as: the Italian Civil Code, Macedonian Law of Obligations, Serbian Law of Obligations, Croatian Law of Obligations and the Law of Obligations of Montenegro. Other civil codes and laws like the German Civil Code, French Civil Code, Spanish Civil Code, and the Swiss Law of Obligations, make no clear distinction between absolute and relative nullity, but attribute different consequences to nullity depending on the reasons for nullity. Civil doctrine on the other hand, depending on the reasons for nullity, places null transaction into three categories: Non-existent legal transaction, absolutely null legal transactions (void transactions) and relatively null legal transactions (voidable transactions).