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Legal transactions which do not comply with the form are generally null and void. Invalidity is considered by the Court of First Instance of its own motion. Any dispositions made on the basis of the void legal transaction are reversed. For example, ownership reverts because the obligation contract was not validly concluded. However, invoking invalidity of form is an abuse of law if the parties have deliberately disregarded the formal requirements and have mutually fulfilled their obligations to perform.

Term-Nr.: 384

German: Formungültigkeit (352)

Source: LK-Lötscher, 11.05.2020

Notice: The contents of this terminology collection Lawpedia® with a focus on business law (especially financial market law) have been researched with great care and compiled on the basis of an extensive flash card, training materials and literature. The various sources (as far as they could be found) can be found in the abbreviations and source references. References to other sources are welcome. Despite the care taken, the provider cannot accept any liability for the accuracy, completeness and topicality of the information provided. The information is of a general nature in particular and does not constitute legal advice in individual cases.

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