Formal invalidity

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