Void contracts are agreements that have no legal effect and cannot be enforced. They are treated as if they never existed and cannot be ratified or give rise to valid contracts.
Void contracts produce no effect and have no force. They cannot be ratified and are treated as if they never existed.
A party can always bring up the defense of illegality for a void contract, and this right cannot be waived. This defense is not available to third parties not directly affected.
The action or defense for declaring a void contract illegal does not prescribe, meaning it can be brought up at any time.
Novation, or the replacement of an old contract with a new one, cannot occur if the original contract is void.
Contracts that are contrary to law, morals, good customs, public policy, or public order are void. Parties are free to enter into contracts as long as they do not violate these principles.
Contracts with illegal purposes, those involving objects outside commerce, and those expressly prohibited by law are void.
In cases where both parties are equally at fault (in pari delicto), neither party can take action against the other, and any criminal act involved will lead to prosecution and confiscation of the contract's object or price.
If one party is incapable of consent or if public interest is served, the court may allow recovery of money or property given under a void contract.
Simulation of contracts occurs when the parties do not intend to be bound by the contract. Absolute simulation results in a void contract, while relative simulation binds parties to the real agreement if it is lawful.
Absolute simulation means the contract does not exist because the parties never intended to be bound by it. An example is a fake sale of land with no consideration.
Relative simulation occurs when the contract differs from the true agreement. The real agreement binds the parties if it is lawful and does not harm third parties.
Contracts can be void if the object of the contract did not exist at the time of the contract's perfection or if the object is outside the commerce of men.
Contracts are void if the object did not exist at the time of the contract, except for future things that can legally be the object of a contract.
Contracts involving objects outside the commerce of men, like public parks or natural elements, are void.
Contracts are void if the parties' intention regarding the object cannot be ascertained, such as unclear identification of property being sold.
Certain contracts are void because they are expressly prohibited or declared void by law. These include contracts over future inheritance, certain sales between spouses, and testamentary dispositions to disqualified persons.
Examples include contracts over future inheritance, sales between husband and wife without separation of property, and donations between spouses except for moderate gifts.
A testamentary disposition is void if it gives property to a person disqualified to receive it under the law.